This rule is promulgated by the secretary of the New Mexico health care authority (authority), pursuant to the authority granted under Section 9-8-1 et seq. NMSA 1978 which establishes the health care authority as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation; the authority granted pursuant to 42 U.S.C. Section 1396a(i); the authority granted under 42 C.F.R. Sections 431.151 through 431.154; 442.118; and 8.353.2.9 NMAC, based on sanctions imposed by the authority on licensed facilities in which medicaid recipients receive services. This rule does not provide adjudicatory procedures for appeals from actions related to the home and community based waiver.
N.M. Admin. Code § 8.370.2.3