Meetings and filings

The rule hearing on the proposed 7.35.4 NMAC and the proposed amendment to 7.35.2.7 NMAC, 9:00 AM, Harold Runnels Building auditorium, 1190 St. Francis Drive, Santa Fe, in person, by video conference, and by telephone. Fixed by the notice published October 20. Written comment must be received by the close of the hearing.

The department published the proposed 7.35.4 NMAC, Treatment Equity Fund, with a proposed amendment to the definitions at 7.35.2.7 NMAC and the notice of the November 20 hearing on both.

What changed

• A new Part. Twenty sections; the first published text of the rule the Medical Psilocybin Act, Section 26-2D-11, leaves to the department. The proposed rule
• Against the board vote. Two preparatory or integrative sessions per later administration where the board voted three; the diagnostic evaluation and the cost of medication not named among allowable expenses. The board recommendation

Attached

• The proposed rule, 7.35.4 NMAC. 7 pages. Sections 7.35.4.1 through .20, typeset on this site at The proposed rule; every history note reads N, xx/xx/2026. In the register
• Proposed amendment to 7.35.2.7 NMAC, the definitions. 5 pages. Carries the terms of the August 25 amendment and adds eleven for the fund: allowable amount, claim, claimant, covered treatment, director, federal poverty guidelines, fund, household, other payer, program manager, and SHARE. In the register
• Notice of the November 20 rule hearing. 2 pages. It carries the video conference code, the telephone number, the written comment address, and the deadline: the close of the hearing. In the register

The account in full

• What the proposed rule would require, by who it reaches

The Medical Psilocybin Advisory Board voted 7-0 to recommend the equity fund framework from the Equity, Access and Cultural Considerations Committee, with three preparatory or integrative sessions for each additional administration session in place of the committee's two. The department read the framework as an outline of intent; the HCA delegate asked that the payer of last resort language be settled by the attorneys. Source: the department's recording, automatic captions without speaker labels.

Who said what

From the automatic captions of the department's recording. The captions carry no speaker labels; a name is given only where a speaker names themself or is addressed by name.

• The department, reading the outline: coverage "for individuals who are at or below 200% of the poverty level", the "diagnostic evaluation" and "any of the medical evaluations", "6 preparatory or integration sessions with an administration session", and two more per additional administration. 0:43:40 to 0:44:55
• A speaker addressed as Chris: "I initially said two, but I might bump it up to three." 0:45:49
• "But this is Larry. I like 3. I would support three." 0:49:55
• A speaker called on as Keenan: "specifically saying you have to bill Medicaid first might get you into some legal trouble." The department: "our attorneys are already working on that specific language." 0:50:21, 0:51:46
• The department: "the cost of medication", travel "if the patient resides more than 100 miles", reimbursements not exceeding "the rates for Medicaid reimbursement", audit procedures, the ability "to hold or suspend payments", and New Mexico residency. 0:52:43 to 0:54:04
• On provider travel to a homebound patient: "That's not a part of this proposal." 0:54:32
• The motion: "to have a vote on the three. And after the first administration and for the first administration, 6 sessions of either prep and integration along with the equity fund tapering off to 200%." 1:01:53
• "seven in support"; "any no votes. I see none from the board members." 1:03:08, 1:03:26

Attached

• No written recommendation is held; the terms are taken from the recording. In the gaps register

The account in full

• The recommendation beside the proposed text

The Equity, Access and Cultural Considerations Committee voted 5-0 to send an equity fund framework to the Advisory Board: 200 percent of the federal poverty level, the diagnostic evaluation, six preparatory or integrative sessions, up to three administration days with two more sessions for each additional day, the cost of medication, travel beyond 100 miles, the fund as last payer, a Medicaid rate cap, audit and hold or suspend clauses, and New Mexico residency. Source: the department's recording, automatic captions without speaker labels.

Who said what

From the automatic captions of the department's recording, held at source-text/recordings/2026-08-18-eacc-BkJgUrcFk50.txt. The captions carry no speaker labels.

• The read-out put to the vote: "individuals at or below 200% of the poverty level items that would be covered are diagnostic evaluation up to six preparatory and or integrative sessions, administration day up to three administrations, cost of the medication, travel if patient resides more than 100 miles". 1:03:57
• The addendum: "up to three administration days with an additional two preparatory integrative" sessions. 1:10:22
• On distance: "based on the travel distance. So, not necessarily straight as the crow flies." 1:09:53
• A hardship application for a patient "far off a road" without a car was suggested and not put into the read-out. 1:09:01
• Department discretion "to ensure the intent of the fund and its geographic" reach was suggested and not put into the read-out. 0:54:28
• "looks like we have five people"; "There are zero no votes." 1:11:33, 1:12:33

Attached

• No written recommendation is held; the terms are taken from the recording. In the gaps register

The account in full

• The recommendation beside the proposed text

The Equity, Access and Cultural Considerations Committee adopted 200 percent of the federal poverty level as the starting income threshold for the fund, by a show of hands: "we have adopted so far that 200% is a starting point" (1:14:38). Automatic qualification of Medicaid recipients was raised and set aside without a vote (1:54:08). Source: the department's recording, automatic captions without speaker labels.

The Medical Psilocybin Act took effect. Section 26-2D-11 creates the medical psilocybin treatment equity fund, a nonreverting fund administered by the department, for treatment of qualified patients who meet income requirements set by department rule; the proposed 7.35.4.3 cites it.

Attached

• The Medical Psilocybin Act. 18 pages, the enrolled bill. The fund is bill Section 11, compiled as 26-2D-11. In the register