N.M. Admin. Code § 8.200.400.13 - AUTHORIZED REPRESENTATIVE
HCA must permit applicants and beneficiaries to designate an individual or organization to act responsibly on their behalf in assisting with the individual's application and renewal of eligibility and other ongoing communications.
A. Such a designation
must be in writing including the applicant's signature, and must be permitted
at the time of application and at other times. Legal documentation of authority
to act on behalf of an applicant or beneficiary under state law, such as a
court order establishing legal guardianship or a power of attorney, shall serve
in the place of written authorization by the applicant or
beneficiary.
B. Representatives may
be authorized to:
(1) sign an application on
the applicant's behalf;
(2)
complete and submit a renewal form;
(3) receive copies of the applicant or
beneficiary's notices and other communications from the agency; and
(4) act on behalf of the applicant or
beneficiary in all other matters with the agency.
C. The power to act as an authorized
representative is valid until the applicant or beneficiary modifies the
authorization or notifies the agency that the representative is no longer
authorized to act on their behalf, or the authorized representative informs the
agency that they are no longer acting in such capacity, or there is a change in
the legal authority upon which the individual's or organization's authority was
based. Such notice must be in writing and should include the applicant or
authorized representative's signature as appropriate.
D. The authorized representative is
responsible for fulfilling all responsibilities encompassed within the scope of
the authorized representation to the same extent as the individual they
represent, and must agree to maintain, or be legally bound to maintain, the
confidentiality of any information regarding the applicant or beneficiary
provided by the agency.
E. As a
condition of serving as an authorized representative, a provider, staff member
or volunteer of an organization must sign an agreement that they will adhere to
the regulations relating to confidentiality (relating to the prohibition
against reassignment of provider claims as appropriate for a health facility or
an organization acting on the facility's behalf), as well as other relevant
state and federal laws concerning conflicts of interest and confidentiality of
information (42 CFR
435.923).
Notes
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