reglab/housing_qa huggingface dataset:
NM Stat § 27-13-1 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 13 - Consumer Direction|Section 27-13-1 - Short title.

This act [27-13-1 to 27-13-6 NMSA 1978] may be cited as the "Consumer Direction Act". History: Laws 2003, ch. 210, § 1. ANNOTATIONSEffective dates. — Laws 2003, ch. 210, § 7 made the act effective July 1, 2003.
NM Stat § 27-13-2 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 13 - Consumer Direction|Section 27-13-2 - Purpose.

The purpose of the Consumer Direction Act is to ensure a consumer the right to direct his personal assistance services if he so chooses by selecting an attendant appropriate to his needs and to maximize personal assistance service availability and satisfaction. History: Laws 2003, ch. 210, § 2. ANNOTATIONSEffective dates. — Laws 2003, ch. 210, § 7 made the act effective July 1, 2003.
NM Stat § 27-13-3 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 13 - Consumer Direction|Section 27-13-3 - Definitions.

As used in the Consumer Direction Act: A. "attendant" means a person, including an allowable family member, who provides personal assistance services; B. "consumer" means a person receiving personal assistance services through any personal assistance programs offered by the state of New Mexico; C. "department" means any department or agency of the state offering personal assistance service to individuals; D. "fiscal intermediary" means a person or entity selected by agreement between the consumer and the department under contract to the department to assist the consumer to perform certain employment functions, including payroll responsibilities for the attendant and filing necessary eligibility information with the department; E. "personal assistance services" means a prescribed course of regular personal care, including hygiene, mobility and daily living assistance that permits a person to live in his home rather than an institution, including bathing, dressing, grooming, eating, toileting, shopping, transporting, cueing medication administration and communicating; F. "plan" means a written and signed agreement between a consumer or surrogate and the department for the provision of personal assistance services; and G. "surrogate" means a family member, legal guardian or other person approved by the consumer and identified in the personal assistance services plan to assist in direction of personal assistance services and choice of attendant. History: Laws 2003, ch. 210, § 3. ANNOTATIONSEffective dates. — Laws 2003, ch. 210, § 7 made the act effective July 1, 2003.
NM Stat § 27-13-4 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 13 - Consumer Direction|Section 27-13-4 - Consumer direction programs authorized.

Consistent with the federal Social Security Act and subject to the appropriation and availability of federal and state funds, each administering department or agency shall by rule provide a program permitting a consumer or surrogate to direct personal assistance services through the hiring, supervision and training of an attendant or attendants paid through a fiscal intermediary under contract with the department. History: Laws 2003, ch. 210, § 4. ANNOTATIONSCross references. — For the federal Social Security Act, see 42 U.S.C. § 301 et seq. Effective dates. — Laws 2003, ch. 210, § 7 made the act effective July 1, 2003.
NM Stat § 27-13-5 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 13 - Consumer Direction|Section 27-13-5 - Department duties.

A department shall: A. establish by rule the criteria and procedures for developing and amending a personal assistance services plan with a consumer; B. develop criteria and procedures for selection of a fiscal intermediary to contract with the department to provide fiscal intermediary services to a consumer; and C. establish rates for reimbursement of an attendant providing personal assistance services to a consumer and for the compensation of a fiscal intermediary. History: Laws 2003, ch. 210, § 5. ANNOTATIONSEffective dates. — Laws 2003, ch. 210, § 7 made the act effective July 1, 2003.
NM Stat § 27-13-6 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 13 - Consumer Direction|Section 27-13-6 - Report.

Annually by October 1, each department shall deliver a report to the legislative finance committee and the legislative health and human services committee on services provided pursuant to the Consumer Direction Act and a comparison of those services and services provided by the department through other means and an evaluation of the effectiveness and consumer satisfaction with the respective means of service delivery. History: Laws 2003, ch. 210, § 6. ANNOTATIONSEffective dates. — Laws 2003, ch. 210, § 7 made the act effective July 1, 2003.
NM Stat § 27-13-7 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 13 - Consumer Direction|Section 27-13-7 - Fiscal intermediary; exemptions; workers' compensation.

A. A fiscal intermediary shall not be subject to vicarious liability as an employer or principal for a wrongful act committed by a personal care attendant if the attendant: (1) is not a current or former employee of the fiscal intermediary; (2) has not received training or instruction from the fiscal intermediary with respect to providing personal care services to a person with a disability, not including administrative paper work; (3) has been hired by and received training or instruction from the consumer or the consumer's authorized representative to provide personal care to the consumer; and (4) provides basic assistance with daily living activities that do not require the education, certification or training of a licensed health care practitioner. B. A fiscal intermediary may identify a personal care attendant as a covered employee with the fiscal intermediary's workers' compensation carrier solely to provide workers' compensation coverage in the event of a work-related injury. Nothing in this subsection shall be construed to create an employer-employee relationship between the fiscal intermediary and the personal care attendant. C. Nothing in this section shall be construed to provide the fiscal intermediary with immunity from a claim for a wrongful act committed by the fiscal intermediary or its employees. D. As used in this section: (1) "consumer" means a person who is eligible for and receives state-funded or -operated services based on the person's disabilities; (2) "fiscal intermediary" means a provider that furnishes administrative assistance for a consumer who selects a consumer-directed, rather than consumer-delegated, personal care program; (3) "personal care attendant" means a person who provides assistance to a consumer with activities of daily living, including bathing, dressing, eating, transportation, shopping and similar activities; and (4) "personal care program" means a state-funded or -operated support program, including medicaid, that provides the services of a personal care attendant for certain persons with a disability. History: Laws 2003, ch. 207, § 1; 2007, ch. 46, § 23. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, made non-substantive language changes.
NM Stat § 27-14-1 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-1 - Short title.

This [act] may be cited as the "Medicaid False Claims Act" . History: Laws 2004, ch. 49, § 1. ANNOTATIONSANNOTATIONSBracketed material. — The bracketed material was added by the compiler and is not a part of the law. Cross references. — For the Medicaid Fraud Act, see Chapter 30, Article 44 NMSA 1978. Effective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-2 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-2 - Purpose.

The purpose of the Medicaid False Claims Act is to deter persons from causing or assisting to cause the state to pay medicaid claims that are false and to provide remedies for obtaining treble damages and civil recoveries for the state when money is obtained from the state by reason of a false claim. History: Laws 2004, ch. 49, § 2. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-3 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-3 - Definitions.

As used in the Medicaid False Claims Act: A. "claim" means a written or electronically submitted request for payment of health care services pursuant to the medicaid program; B. "department" means the human services department; C. "medicaid" means the federal-state program administered by the human services department pursuant to Title 19 or Title 21 of the federal Social Security Act; D. "medicaid recipient" means an individual on whose behalf a person claims or receives a payment from the medicaid program, regardless of whether the individual was eligible for the medicaid program; and E. "qui tam" means an action brought under a statute that allows a private person to sue for a recovery, part of which the state will receive. History: Laws 2004, ch. 49, § 3. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-4 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-4 - False claims against the state; liability for certain acts.

A person commits an unlawful act and shall be liable to the state for three times the amount of damages that the state sustains as a result of the act if the person: A. presents, or causes to be presented, to the state a claim for payment under the medicaid program knowing that such claim is false or fraudulent; B. presents, or causes to be presented, to the state a claim for payment under the medicaid program knowing that the person receiving a medicaid benefit or payment is not authorized or is not eligible for a benefit under the medicaid program; C. makes, uses or causes to be made or used a record or statement to obtain a false or fraudulent claim under the medicaid program paid for or approved by the state knowing such record or statement is false; D. conspires to defraud the state by getting a claim allowed or paid under the medicaid program knowing that such claim is false or fraudulent; E. makes, uses or causes to be made or used a record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the state, relative to the medicaid program, knowing that such record or statement is false; F. knowingly applies for and receives a benefit or payment on behalf of another person, except pursuant to a lawful assignment of benefits, under the medicaid program and converts that benefit or payment to his own personal use; G. knowingly makes a false statement or misrepresentation of material fact concerning the conditions or operation of a health care facility in order that the facility may qualify for certification or recertification required by the medicaid program; or H. knowingly makes a claim under the medicaid program for a service or product that was not provided. History: Laws 2004, ch. 49, § 4. ANNOTATIONSCross references. — For the Medicaid Fraud Act, see Chapter 30, Article 44 NMSA 1978. Effective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature. ANNOTATIONS
NM Stat § 27-14-5 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-5 - Documentary material in possession of state agency.

A. The department shall have access to all documentary materials of persons and medicaid recipients to which a state agency has access. Documentary material provided pursuant to this subsection is provided to allow investigation of an alleged unlawful act or for use or potential use in an administrative or judicial proceeding. B. Except for disclosure to any person under investigation or who is the subject of allegations made pursuant to the Medicaid False Claim Act [27-14-1 NMSA 1978] or as ordered by a court for good cause shown, the department shall not produce for inspection or copying or otherwise disclose the contents of documentary material obtained pursuant to this section to a person other than: (1) an authorized employee of the attorney general; (2) an agency of this state, the United States or another state; (3) a district attorney, city attorney or county attorney of this state; (4) the United States attorney general; or (5) a state or federal grand jury. History: Laws 2004, ch. 49, § 5. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-6 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-6 - Immunity.

Notwithstanding any other law, a person is not civilly or criminally liable for providing access to documentary material pursuant to the Medicaid False Claims Act [27-14-1 NMSA 1978] to a person identified in Subsection B of Section 5 of that act. History: Laws 2004, ch. 49, § 6. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-8 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-8 - Rights of the parties to qui tam actions.

A. If the department proceeds with the action, it shall have the exclusive responsibility for prosecuting the action and shall not be bound by an act of the person bringing the action. The person bringing the action shall have the right to continue as a nominal party to the action and shall not have the right to participate in the litigation except as a witness. B. The department may dismiss the action, pursuant to Subsection F of Section 7 of the Medicaid False Claims Act [27-14-7 NMSA 1978], notwithstanding the objections of the person bringing the action if the person has been notified by the department of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. C. The department may settle the action with the defendant, pursuant to Subsection F of Section 7 of the Medicaid False Claims Act, notwithstanding the objections of the person bringing the action if the court determines, after the hearing, that the proposed settlement is fair, adequate and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. D. If the state elects not to proceed with the action, the person bringing the action shall have the right to conduct the action. If the department requests, it shall be served with copies of the pleadings filed in the action and shall be supplied with copies of all deposition transcripts at the department's expense. When a person proceeds with the action, the court, without limiting the status and rights of the person bringing the action, may allow the department to intervene at a later date upon a showing of good cause. E. Whether or not the department proceeds with the action, upon a showing by the department that certain actions of discovery by the person bringing the action would interfere with the department's investigation or prosecution of a civil matter arising out of the same facts, the court may stay such discovery for a period not to exceed sixty days. Such a showing shall be conducted in camera. The court may extend the sixty-day period upon a further showing in camera that the department has pursued the civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing civil investigation or proceedings. History: Laws 2004, ch. 49, § 8. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-10 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-10 - Certain actions barred.

A. A court shall not have jurisdiction of an action brought pursuant to the Medicaid False Claims Act against a department official if the action is substantially based on evidence or information known to the department when the action was brought. B. A person shall not bring an action pursuant to the Medicaid False Claims Act that is substantially based upon allegations or transactions that are the subject of a civil suit or an administrative proceeding in which the department is already a party. C. A court shall not have jurisdiction over an action pursuant to the Medicaid False Claims Act substantially based upon the public disclosure of allegations or actions in a criminal, civil or administrative hearing or from the news media, unless the action is brought by the department or the person bringing the action is an original source of the information. For the purposes of this subsection, "original source" means the person bringing suit that has independent knowledge, including knowledge based on the person's own investigation of the defendant's conduct, of the information on which the allegations are based and has voluntarily provided or verified the information on which the allegations are based or has voluntarily provided the information to the department before filing an action pursuant to this section that is based on the information. History: Laws 2004, ch. 49, § 10. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-11 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-11 - Department not liable for certain expenses.

The department shall not be liable for expenses that a person incurs in bringing an action pursuant to the Medicaid False Claims Act. History: Laws 2004, ch. 49, § 11. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-12 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-12 - Employee protection.

Any employee who is discharged, demoted, suspended, threatened, harassed or otherwise discriminated against in the terms and conditions of employment by the employer because of lawful acts done by the employee on behalf of the employee or others in disclosing information to the department or in furthering a false claims action pursuant to the Medicaid False Claims Act, including investigation for, initiation of, testimony for or assistance in an action filed or to be filed pursuant to that act, shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status that the employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. An employee may bring an action in the appropriate court of the state for the relief provided in this subsection. History: Laws 2004, ch. 49, § 12. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-13 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-13 - False claims and reporting procedure.

A. A civil action shall be brought within the limitations set forth in Section 37-1-4 NMSA 1978. B. In any action brought pursuant to the Medicaid False Claims Act, the department or the person bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. C. Notwithstanding any other provision of law, a final judgment rendered in favor of the department in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, shall preclude the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought pursuant to the Medicaid False Claims Act. History: Laws 2004, ch. 49, § 13. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-14 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-14 - Application of other law.

The application of a civil remedy pursuant to this law does not preclude the application of other laws, statutes or regulatory remedy, except that a person may not be liable for a civil remedy pursuant to the Medicaid False Claims Act and civil damages or recovery pursuant to the Medicaid Fraud Act [30-44-1 NMSA 1978] if the civil remedy and the civil damages or recoveries are assessed for the same conduct by another government agency. History: Laws 2004, ch. 49, § 14. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-14-15 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 14 - Medicaid False Claims Act|Section 27-14-15 - Use of funds.

A. Damages collected pursuant to the Medicaid False Claims Act on behalf of the state shall be remitted to the state treasurer for deposit in the general fund to be used for the state's medicaid program. B. Penalties, legal fees or costs of investigation recovered pursuant to the Medicaid False Claims Act on behalf of the state shall be remitted to the state treasurer for deposit in the general fund to be used for the state's medicaid program. C. Pursuant to Subsection C of Section 30-44-8 NMSA 1978, penalties recovered pursuant to the Medicaid False Claims Act on behalf of the state may be claimed by the attorney general pursuant to procedures established by the department and the attorney general. History: Laws 2004, ch. 49, § 15. ANNOTATIONSEffective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 27-15-1 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 15 - Money Follows the Person in New Mexico|Section 27-15-1 - Short title.

This act [27-15-1 to 27-15-5 NMSA 1978] may be cited as the "Money Follows the Person in New Mexico Act". History: Laws 2006, ch. 112, § 1. ANNOTATIONSEffective dates. — Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.