N.M. Admin. Code § 8.314.3.18

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.314.3.18 - RIGHT TO A HSD ADMINISTRATIVE HEARING

A. Pursuant to 42 CFR Section 431.220(a)(1) and (2), Section 27-3-3 NMSA 1978 an eligible recipient may request a HSD administrative hearing to appeal an adverse action or adverse decision. See Section 8.352.2 NMAC for a description of the HSD administrative hearing process. In addition to adverse actions defined in Section 8.352.2 the recipient may request an administrative hearing in the following circumstances:

(1) when an applicant has been determined not to meet the LOC requirement for medically fragile waiver program services; and

(2) when an applicant has not been given the choice of HCBS as an alternative to institutional care.

B. DOH and its counsel, if necessary, shall participate in any relevant HSD administrative hearing involving an eligible recipient. HSD's office of general counsel may elect to participate in the administrative hearing. See Section 8.352.2 NMAC for a complete description, instructions, and hearing process of a HSD administrative hearing for an eligible recipient.

N.M. Admin. Code § 8.314.3.18

Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 3/1/2018