8.200.410 MEDICAID ELIGIBILITY — GENERAL RECIPIENT RULES
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Proposed amendments to NMAC 8.200.410 to align state Medicaid eligibility with Section 71109, narrowing noncitizen categories eligible for Medicaid in New Mexico.
Section 11 has been updated to remove non-citizens no longer eligible for Medicaid.
Section 71109 of the Working Family Tax Cut Legislation changes the definition of a qualified noncitizen and limits Medicaid coverage to specified categories.
Throughout the NMAC, updates have been made to replace HSD with HCA and to revise other language to comply with formatting requirements.
Noncitizen Eligibility Criteria
Noncitizen eligibility criteria
Effective October 1, 2026, under Section 71109, Medicaid eligibility will be limited to the following categories of individuals; other lawfully residing noncitizen categories will no longer be eligible.
ALL of the following
Eligible categories
- Citizen or national of the United States
- Legal Permanent Residents
- Cuban/Haitian entrants
- Compact of Free Association (COFA) migrants
- Lawfully residing children and pregnant individuals under CHIPRA 214
ALL of the following
No longer eligible categories
- Lawfully residing noncitizens including refugees
- Asylees
- Parolees
- Certain abused spouses and children
- Individuals with temporary visas
- Individuals with Temporary Protected Status (TPS)
- Certain victims of trafficking
- Other lawfully residing noncitizen categories removed by Section 71109
Key Definitions
Public Comment, Document Access, and Action
Public comment, document access, and deadline
The proposed 8.200.410 NMAC register and rule are posted on the HCA website; copies may be requested from the Medical Assistance Division (MAD) by phone. Written, recorded, and email comments will be accepted and must be received by 5:00 p.m. MT on June 5, 2026; recorded comments accepted at MAD's phone number. All written comments will be posted on the HCA website.
- Proposed rule and register available at https://www.hca.nm.gov/lookingforinformation/registers/ and https://www.hca.nm.gov/2026-comment-period-open/ (see register).
- Request a paper copy by contacting MAD at (505) 827-1337 if you do not have internet access.
- Submit written comments to: New Mexico Health Care Authority Office of the Secretary, ATTN: Medical Assistance Division Public Comments, P.O. Box 2348, Santa Fe, New Mexico 87504-2348.
- Recorded comments may be left at (505) 827-1337.
- Email comments to HCA-madrules@hca.nm.gov.
- All written, recorded, and email comments must be received by 5:00 p.m. MT on June 5, 2026; written and recorded comments receive the same consideration as oral testimony at the public hearing.
- All written comments will be posted on the HCA website as received and will include the commenter’s name and any contact information provided.
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