NM center on law and poverty
 

 Comments on Podiatry Services

May 10, 2004

Pamela Hyde, Secretary, JD

Human Services Department

P.O. Box 2348

Santa Fe, Nm 87504

Re: Comments on Proposed regulations contained in Human Register Volume 27 #7

Dear Secretary Hyde:

     The New Mexico Center on Law and Poverty submits its comments to the Department’s proposed regulations regarding the provision of podiatry services.  In general, the Center on Law and Poverty feels that the proposed regulatory changes are reasonable.  Limiting podiatry services to once every six months is consistent with the general standard of care in the medical community.  We would like the Department to clarify that routine foot care inspections can be performed by primary care providers.  The Center also has some minor grammatical and technical suggestions.  We are specifically concerned that some of the language contained in these proposed regulations contradicts language contained in the General Benefits description found at MAD 600 et. seq.  

Proposed Rule MAD 718.24 – “All claims related to hospitalization for podiatric services are subject to pre-payment and post-payment review.”

     The Department proposes adding the above the language in its entirety.  The Center on Law and Poverty recommends that the Department delete this language in its entirety.  It is redundant.  The last sentence in this regulation already states “All claims requiring claims for hospitalization are subject to pre-payment or post-payment review.” 

Proposed Rule MAD 718.23(4) – indicates that Medicaid covers “Surgical correction of a subluxated foot structure that is an integral part of the treatment of foot pathology or that is undertaken to improve the function of the foot to alleviate an associated symptomatic condition.

     The Center on Law and Poverty has no problem with this proposed regulation as written.  We are concerned, however, that the proposed regulation conflicts with current regulation MAD 602.9.4 which states that Medicaid does not cover “Surgical and non-surgical treatments undertaken for the sole purpose of correcting an isolated subluxated structure in the foot.” The Department should rewrite and re-promulgate regulation 602.9.4 so that it is consistent with 718.23.4

     Thank you for your time and consideration to these issues.  If you have questions about our proposed comments, please do not hesitate to contact me at 255-2840.

Sincerely,

Jama Fisk

Staff Attorney