N.M. Admin. Code § 8.354.2.10

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

Section 8.354.2.10 - RIGHT TO A PASRR AND NURSING FACILITY TRANSFER OR DISCHARGE HSD ADMINISTRATIVE HEARING

This specific type of a HSD administrative hearing is an informal evidentiary hearing that is conducted by the FHB so that evidence may be presented as it relates to an adverse action taken or intended to be taken, against an individual by MAD, it UR contractor, the MCO and their designees. MAD or the MCO must grant an individual or the individual's authorized representative the opportunity for a HSD administrative hearing under specific circumstances pursuant to 42 CFR Section 431.220(a) and 27 - 3 - 3 NMSA 1978. A HSD administrative hearing occurs telephonically between the parties to the HSD administrative hearing and the assigned FHB ALJ.

A. An individual or the individual's authorized representative may request a HSD administrative hearing based on his or her belief that MAD, its UR contractor, the MCO or their designees intends to take, or has taken, an adverse action.

B. MAD, its UR contractor, the MCO or their designees will not be responsible for any fees or costs, incurred by the individual or his or her authorized representative as a result of a HSD administrative hearing, or if he or she files an appeal of the HSD administrative hearing final decision to a New Mexico district court.

N.M. Admin. Code § 8.354.2.10

8.354.2.10 NMAC - Rp, 8.354.2.10 NMAC, 8/1/14