New Mexico

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Dates and Deadlines

All states must submit to CMS a plan for transitioning their current HCBS system into compliance with the new rule by March 17, 2015. States submitting a 1915(c) waiver renewal or amendment before March 17, 2015 must include a transition plan in that submission. States then have 120 days from that submission date to submit a transition plan for the remainder of their HCBS system.

On September 12, the Human Services Department sent a letter to all interested parties regarding proposed waiver renewal application for the Mi Via 1915(c) waiver. On September 22, the department posted a correction and proposed transition plan. Comments on the proposal were due October 15, 2014.

On Nov ember 13, 2014, the Department posted a proposed DD Waiver Amendment  and Transition Plan. Comments are due December 15, 2014.

On December 30, 2014, the Department submitted a Final Statewide Transition Plan to CMS.

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Mi Via Waiver (Comments due October 15, 2014):

DD Waiver (Comments Due December 15, 2014):

Final Statewide Transition Plan – submitted December 30, 2014


Letter from CMS to New Mexico regarding HCBS Rules and 1115 Waiver: HCBS Letter to New Mexico

Clarifications and/or Modifications required for Initial Approval (CMIA): This letter notifies states that public comment, input and summary requirements are met, but CMS has identified issues that must be resolved in the Statewide Transition Plan (STP) prior to initial approval. CMS sent this letter to New Mexico on Oct 29, 2015

NEW –  Initial Approval with Milestones and a Resubmission Date. This letter is the communication CMS sends to the state notifying the state that public comment, input and summary requirements are met, the STP is sufficient, but systemic and/or site-specific assessments are not yet completed.  The response to the state will vary dependent on whether the state has or has not identified settings that are presumed to have institutional characteristics and any information the state may wish CMS to consider under the heightened scrutiny process (sent to New Mexico on January 13, 2017).

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