The MHCP must ensure that information and services are
available in languages other than English, that services are provided in a
manner that takes into account cultural aspects of the covered person
population, and that accommodations are provided for covered persons with
disabilities. Each MHCP shall develop, implement, and maintain a plan that
reasonably addresses the cultural and linguistic diversity of its covered
person population.
A. MHCPs that have
not already done so and are currently doing business in New Mexico shall submit
to the superintendent for approval a plan of how the MHCP will address the
cultural and linguistic diversity of its covered person population. At a
minimum, the plan shall address:
(1) how the
MHCP will identify the language needs of covered persons;
(2) measures to be taken to ensure access for
limited-English-proficient (LEP) covered persons in both administrative and
health care encounters with the plan and its providers;
(3) steps the MHCP will take to ensure
availability of adequate interpretation services within its network, which
shall include a description of specific contracts or other arrangements for
interpretation and identification of interpreters for the deaf;
(4) whether interpreting services are
available to covered persons on a 24-hour basis for emergency care;
(5) whether linguistic and cultural needs are
explicitly addressed in the MHCP's continuous quality improvement
program;
(6) how the MHCP will
conduct outreach to ensure that covered persons with particular cultural and
linguistic needs are identified by the MHCP and made aware of the services
available to them to address their needs;
(7) any guidelines or training regarding
cultural and linguistic needs of covered persons that the MHCP will utilize
with its own staff and providers within its network;
(8) the extent to which the MHCP contracts
with community clinics and other local providers that offer linguistic and
culturally appropriate services to covered persons in their areas;
and
(9) physical accessibility to
persons with disabilities of MHCP information and administrative services as
well as the provider network.
B. A MHCP new to this state shall submit a
plan for addressing cultural and linguistic diversity to the superintendent as
part of its application for licensure. The plan shall address all of the
factors listed Subsection A of
13.10.22.11 NMAC.
C. The superintendent shall approve or reject
a plan submitted by a MHCP within 45 days after the plan is submitted to the
superintendent. If the superintendent rejects a plan submitted by a MHCP, the
superintendent shall state in writing in a letter addressed to the MHCP the
specific grounds for rejection.
