N.M. Admin. Code § 8.300.17.9

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.300.17.9 - CONFLICT OF INTEREST

To prevent any former employee of the medical assistance division (MAD) from using privileged information or asserting improper influence, statutory provisions have been adopted. See Section 10-16-16 NMSA 1978 (Repl. Pamp. 1991):

A. An employee with "responsibility" must not act as agent or attorney for any other person or business in connection with a judicial or administrative proceeding, application, ruling, contract, claim or other matter relative to the medicaid program for 24 months following the date on which they cease to be an employee.

(1) Employee with "responsibility" refers to an employee who is directly involved in or has a significant part in the medicaid decision-making, regulatory, procurement or contracting process.

(2) This provision applies to employees with responsibility for investigating, making rulings or otherwise being substantially or directly involved with activities during their last year of employment with the agency.

(3) This provision also applies to activities which were actually pending and under the employee's responsibility within that period.

B. The secretary of the HCA (secretary), income support division director, administrative services division or medical assistance director or their deputies must not participate in any judicial or administrative proceeding, application, ruling, contract, claim or other matter relating to medicaid and pending before MAD for 12 months following the date they cease to be an employee.

C. An employee with responsibility must not participate in any judicial or administrative proceeding, application, ruling, contract, claim or other matter relating to medicaid which involves their spouse, minor child or any business in which they have financial interest, unless prior to each participation:

(1) the employee fully discloses the relationship or financial interest in writing to the secretary; and

(2) a written determination is made by the secretary that the disclosed employee relationship or financial interest is too remote or inconsequential to affect the integrity of the employee's services.

N.M. Admin. Code § 8.300.17.9

2/1/95; 8.300.17.9 NMAC - Rn, 8 NMAC 4.MAD.042, 7/1/03, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024