reglab/housing_qa huggingface dataset:
NM Stat § 27-7A-3 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 7A - Employee Abuse Registry Act|Section 27-7A-3 - Employee abuse registry.

A. The department shall establish an "employee abuse registry" of employees and enter into the registry names of employees with substantiated abuse, neglect or exploitation charges as determined by the department pursuant to the Employee Abuse Registry Act. B. Before a provider hires or contracts with an employee, the provider shall inquire of the department's registry as to whether the employee is included in the registry. C. When the department's registry receives an inquiry, the department shall inform the provider whether an employee is included in the employee abuse registry. D. Providers that hire employees shall document that they have checked the abuse registry for each applicant being considered for employment or contract. E. A provider shall not hire or contract with an employee in a direct care setting who is included in the employee abuse registry. F. The department or other governmental agency may, at its discretion, terminate or not enter into or renew a contract with a provider that fails to comply with the provisions of Subsection E of this section. G. A provider, including its administrators and employees, is not civilly liable to an applicant or an employee for a good faith decision to employ, not employ or terminate employment pursuant to the Employee Abuse Registry Act. H. After a period of three years, an employee placed on the employee abuse registry may petition the department for removal of the employee's name from the employee abuse registry. Petitions for removal shall be in writing and mailed or hand delivered to the department. Within thirty days of the department's receipt of a petition, the secretary shall issue a written decision on the petition and provide that decision to the employee in person or by certified mail. If the secretary denies the petition, the employee may, within ten days of receipt of that decision, request a hearing. If an employee requests a hearing, that hearing shall be conducted by an independent hearing officer. An employee aggrieved by the final decision following a hearing shall have the right to judicial review pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 2005, ch. 256, § 3. ANNOTATIONSEffective dates. — Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 27-7A-4 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 7A - Employee Abuse Registry Act|Section 27-7A-4 - Investigation and substantiation of abuse, neglect or exploitation by the department.

A. In addition to other actions required by law, the department shall review all reports of abuse, neglect or exploitation against employees of providers that are licensed by or under contract with the department and shall investigate such reports as necessary to determine whether there is a reasonable basis to believe that an employee committed abuse, neglect or exploitation. B. If the department determines that abuse, neglect or exploitation has occurred, the department shall notify the employee and the provider of that determination, and such determination shall include a determination of whether the abuse, neglect or exploitation was the result of conduct by the employee, the provider or both. History: Laws 2005, ch. 256, § 4. ANNOTATIONSEffective dates. — Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 27-7A-5 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 7A - Employee Abuse Registry Act|Section 27-7A-5 - Adult protective services division report of abuse, neglect or exploitation.

A. The adult protective services division of the aging and long-term services department shall investigate allegations of abuse, neglect and exploitation consistent with its statutory responsibilities. B. If the adult protective services division determines that abuse, neglect or exploitation has occurred, it shall notify the employee and the provider of that determination, and such determination shall include a determination of whether the abuse, neglect or exploitation was the result of conduct by the employee, the provider or both. C. The adult protective services division shall report to the department of health any substantiated finding of abuse, neglect or exploitation made against an employee of a provider under waiver or other programs administered by the aging and long-term services department and not otherwise licensed by or under contract with the department. History: Laws 2005, ch. 256, § 5. ANNOTATIONSCross reference. — For the adult protective services division of the aging and long-term services department, see Sections 9-23-1 through 9-23-12 NMSA 1978. Effective dates. — Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 27-7A-7 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 7A - Employee Abuse Registry Act|Section 27-7A-7 - Adoption of rules.

By January 1, 2006, the department of health and the aging and long-term services department shall jointly establish and adopt rules necessary to carry out the provisions of the Employee Abuse Registry Act, including procedures for determining abuse, neglect and exploitation that consider the severity of the alleged abuse, neglect and exploitation and procedures for reporting for the administrative hearing process and for sanctions for failure to comply with the Employee Abuse Registry Act. History: Laws 2005, ch. 256, § 7. ANNOTATIONSCross reference. — For the department of health, see Sections 9-7-1 through 9-7-17 NMSA 1978. For the secretary of health, see Section 9-7-5 NMSA 1978. Effective dates. — Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 27-7A-8 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 7A - Employee Abuse Registry Act|Section 27-7A-8 - Penalties.

The department shall administer sanctions for a provider's failure to comply with the Employee Abuse Registry Act, including a directed plan of correction or civil monetary penalty not to exceed five thousand dollars ($5,000) per instance. History: Laws 2005, ch. 256, § 8. ANNOTATIONSEffective dates. — Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 27-8-1 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 8 - Community Action|Section 27-8-1 - Short title.

This act [27-8-1 to 27-8-9 NMSA 1978] may be cited as the "Community Action Act". History: Laws 1983, ch. 139, § 1. ANNOTATIONSLegislator contracting with agency must ascertain how agency organized. — A legislator contracting with a community action agency will have to ascertain how the agency is organized to determine whether the prohibitions of N.M. Const., art. IV, § 28 will apply. If it is a county, county agency or a private agency, the contract will not be covered by the provision, but if it is a municipality or municipal agency, the contract will be prohibited if it was authorized by law during the legislator's term. 1989 Op. Att'y Gen. No. 89-34.
NM Stat § 27-8-2 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 8 - Community Action|Section 27-8-2 - Policy; purpose.

Although in recent years New Mexico has shown improvement in indices such as personal income and the number of families below the poverty level, the state continues to compare poorly with other states. New Mexico has risen from 48th in 1974 to 41st in per capita personal income; however, poverty continues to be the lot of a substantial number of New Mexicans. New Mexico can achieve its full economic and social potential only if every individual has the opportunity to contribute to the full extent of his capabilities and to participate in the working of our society. It is, therefore, the policy of this state to eliminate the paradox of poverty in the midst of plenty in this state by opening to everyone the opportunity to live in decency and dignity. It is the purpose of the Community Action Act to strengthen, supplement and coordinate efforts in furtherance of that policy. History: Laws 1983, ch. 139, § 2.
NM Stat § 27-8-3 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 8 - Community Action|Section 27-8-3 - Definitions.

As used in the Community Action Act: A. "poverty level" means the official poverty level established by the federal director of the office of management and budget and revised periodically by the federal secretary of health and human services; and B. "secretary" means the secretary of human services. History: Laws 1983, ch. 139, § 3.
NM Stat § 27-8-4 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 8 - Community Action|Section 27-8-4 - Financial assistance for community action agencies.

A. The secretary may provide financial assistance to community action agencies for the planning, conduct, administration and evaluation of community action programs as described in the Community Action Act in accordance with state and federal law and regulations. B. No funds provided pursuant to Subsection A of this section shall be distributed to a community action agency unless the agency has submitted to the secretary a plan on the proposed use of the funds and the secretary has approved that plan. C. Subject to applicable federal law or regulation, community action agencies shall be eligible to receive federal funds, including but not limited to community services block grant funds, which have been previously designated as antipoverty funds. D. Each community action agency receiving funds pursuant to this section shall report annually to the secretary concerning the use of the funds. E. The secretary shall provide annually for an audit of funds distributed pursuant to this section to community action agencies and shall make any requirements necessary to insure fiscal responsibility and accountability and effective, efficient handling of funds. History: Laws 1983, ch. 139, § 4.
NM Stat § 27-8-5 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 8 - Community Action|Section 27-8-5 - Community action agencies; designation; powers.

A. A community action agency is a political subdivision of the state, a combination of political subdivisions or a public or private nonprofit agency that: (1) has the power and authority to enter into contracts with public and private nonprofit agencies and organizations in fulfilling the purposes of the Community Action Act; (2) is capable of planning, conducting, administering and evaluating a community action program; (3) has a service area at least equivalent to the geographic boundaries of a county; and (4) is designated a community action agency by the governor or by federal law or was officially designated a community action agency, community action program or limited purpose agency under the provisions of the federal Economic Opportunity Act of 1964 on September 30, 1981. B. The governor is empowered to declare that an entity designated as a community action agency under Subsection A of this section is no longer a community action agency upon a determination that such entity is unable or unwilling to carry out its responsibilities under the Community Action Act. C. A community action agency is empowered to: (1) receive, administer and transfer funds in support of a community action program under the Community Action Act; and (2) delegate powers to other agencies and programs subject to the powers of its governing board and its overall program responsibilities. History: Laws 1983, ch. 139, § 5. ANNOTATIONSCross references. — For the federal Economic Opportunity Act of 1964, see 42 U.S.C.S. § 2704 et seq.
NM Stat § 27-8-6 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 8 - Community Action|Section 27-8-6 - Community action agencies; board; local participation.

A. Each community action agency shall administer its community action program through a community action board. Board members shall be selected as follows:(1) one-third of the members of the board shall be elected public officials currently holding office in the geographical area to be served by the community action agency or their representatives, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointive officials may be counted in meeting this one-third requirement;(2) at least one-third of the members shall be persons chosen in accordance with democratic selection procedures adequate to ensure that they are representative of the poor in the area served; and(3) the other members shall be officials or members of business, industry, labor, religious, welfare, education or other major groups and interests in the community.B. Each member of the board selected to represent a specific geographic area within a community shall reside in the area represented.C. No person selected under Paragraph (2) or (3) of Subsection A of this section shall serve for more than five consecutive years. History: Laws 1983, ch. 139, § 6; 2021, ch. 105, § 1 ANNOTATIONSThe 2021 amendment, effective June 18, 2021, changed the structure of community action boards, and revised the term limit provision; in Subsection A, after "community action board", deleted "consisting of fifteen members"; and in Subsection C, after "more than five consecutive years", deleted "or more than a total of ten years".
NM Stat § 27-8-7 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 8 - Community Action|Section 27-8-7 - Community action programs.

Each community action agency shall use available funds for a community action program which: A. provides a range of services and activities which have a measurable and potentially major impact on causes of poverty in the community; B. provides activities designed to assist low-income participants, including the elderly poor, to: (1) secure and retain meaningful employment; (2) attain an adequate education; (3) make better use of available income; (4) provide and maintain adequate housing and a suitable living environment; (5) obtain emergency assistance through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment-related assistance; (6) remove obstacles and solve problems which block the achievement of self-sufficiency; (7) achieve greater participation in the affairs of the community; and (8) make more effective use of other programs related to the purposes of the Community Action Act; C. provides on an emergency basis for the provision of such supplies and services, nutritious food and related services as may be necessary to counteract conditions of starvation and malnutrition among the poor; D. coordinates and establishes linkages between governmental and other social services programs to assure the effective delivery of such services to low-income individuals; E. encourages the use of entities in the private sector of the community in efforts to alleviate poverty in the community; and F. furthers any other purpose consistent with federal or state law or regulations. History: Laws 1983, ch. 139, § 7.
NM Stat § 27-8-8 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 8 - Community Action|Section 27-8-8 - Regulations.

The secretary shall adopt such rules and regulations as may be necessary to carry out the provisions of the Community Action Act. History: Laws 1983, ch. 139, § 8.
NM Stat § 27-8-9 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 8 - Community Action|Section 27-8-9 - Financial assistance; limitations.

The secretary, consistent with federal law, shall make grants of not less than ninety percent of the annual allocation of funds available under the community services block grant to community action agencies defined in Subsection A of Section 5 [27-8-5 NMSA 1978] of the Community Action Act. The human services department is authorized to implement, by regulation or contract, a limitation on the amount of community services block grant funds allocated to administrative costs. History: Laws 1983, ch. 139, § 9.
NM Stat § 27-9-1 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 9 - Community Care|Section 27-9-1 - Program; demonstrations.

The human services department, in cooperation with the department of health, is authorized to administer demonstration programs that provide in-home and coordinated community care services to the frail elderly and to persons with a disability who would otherwise require institutionalization. The programs authorized by this section shall serve both those eligible and not eligible for federal medical assistance programs. History: Laws 1983, ch. 323, § 1; 2007, ch. 46, § 22. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, made non-substantive language changes.
NM Stat § 27-9-2 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 9 - Community Care|Section 27-9-2 - Implementation.

The secretary of human services shall, by regulation, specify the areas in which the programs shall operate, specify the services to be provided, establish eligibility criteria of persons to be served and provide for cost sharing, where possible, with individuals and participating communities. History: Laws 1983, ch. 323, § 2.
NM Stat § 27-10-1 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 10 - Statewide Health Care|Section 27-10-1 - Short title.

Sections 1 through 4 [27-10-1 to 27-10-4 NMSA 1978] of this act may be cited as the "Statewide Health Care Act". History: Laws 1991, ch. 212, § 1. ANNOTATIONSCross references. — For County Local Option Gross Receipts Tax Act, see Chapter 7, Article 20E NMSA 1978. For imposition of intermediate sanctions and civil penalty for health facility's noncompliance with any departmental licensing requirement, see 24-1-5.2 NMSA 1978.
NM Stat § 27-10-2 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 10 - Statewide Health Care|Section 27-10-2 - Findings and purpose.

A. Access to health care reduces long-term medical and social costs. The effectiveness of statewide health care has been decreased by excessive fragmentation and failure to maximize the use of existing in-state revenues and to develop effective ways of drawing upon potential federal revenue sources. An effective statewide health care system must retain local health care efforts, stimulate local innovations for meeting particular health care needs and use existing resources to expand health care options, especially for those citizens unable to pay for their own care. B. The purpose of the county-supported medicaid fund is to leverage existing resources to better address the state's health care needs. The county-supported medicaid fund will be used to accomplish this purpose by using local revenues to support the state medicaid program and to institute or support primary care health care services pursuant to Section 24-1A-3.1 NMSA 1978. Money appropriated from the county-supported medicaid fund to institute or support primary care health care services pursuant to Section 24-1A-3.1 NMSA 1978 shall be supplemental to general fund appropriations. History: Laws 1991, ch. 212, § 2; 1993, ch. 321, § 19; 1996, ch. 29, § 5. ANNOTATIONSThe 1996 amendment, effective May 15, 1996, in Subsection B, inserted "or support" in the second sentence and added the last sentence. The 1993 amendment, effective July 1, 1993, substituted "to support the state medicaid program" for "solely to expand eligibility for federal medicaid optional coverages in supplementation to mandated federal medicaid services" in the second sentence of Subsection B.
NM Stat § 27-10-4 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 10 - Statewide Health Care|Section 27-10-4 - Alternative revenue source to imposition of county health care gross receipts tax; transfer to county-supported medicaid fund.

A. In the event a county does not enact an ordinance imposing a county health care gross receipts tax pursuant to Section 7-20D-3 [7-20E-18] NMSA 1978, the county shall, by ordinance to be effective July 1, 1993, dedicate to the county-supported medicaid fund an amount equal to a gross receipts tax rate of one-sixteenth of one percent applied to the taxable gross receipts reported during the prior fiscal year by persons engaging in business in the county. For purposes of this subsection, a county may use funds from any existing authorized revenue source of the county. B. For each county that has in effect an ordinance enacted pursuant to Subsection A of this section on July 1 of each year, the taxation and revenue department shall certify to the county by September 15, 1993 and by September 15 of each subsequent fiscal year the amount of gross receipts reported for the county for purposes of the gross receipts tax during the prior fiscal year. Upon certification by the department, any county enacting an ordinance pursuant to Subsection A of this section shall transfer to the county-supported medicaid fund by the last day of March, June, September and December of each year an amount equal to a rate of one-sixty-fourth of one percent applied to the certified amount. C. The requirements of an ordinance enacted pursuant to this section may be terminated for a county only on the effective date of an ordinance enacted by the county imposing the county health care gross receipts tax; provided that if the effective date of the ordinance imposing the tax is January 1, the termination does not apply to the payments required for September and December of that year. History: Laws 1991, ch. 212, § 4; 1992, ch. 31, § 3; 1993, ch. 321, § 21. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 7-20D-3 NMSA 1978 was recompiled as 7-20E-18 NMSA 1978 by Laws 1993, ch. 354, § 18. The 1993 amendment, effective July 1, 1993, deleted "except as may be otherwise provided in Section 27-5-7 NMSA 1978" from the end of Subsection A. The 1992 amendment, effective May 20, 1992, substituted references to fiscal year for calendar year in three places; in Subsection A, substituted "pursuant to Section 7-20D-3 NMSA 1978" for "pursuant to Section 3 of the County Health Care Gross Receipts Tax Act and if no balance remains in the county indigent hospital claims fund for the current fiscal year" and "July 1, 1993" for "January 1, 1992"; in Subsection B, substituted "July 1 of each year" for "January 1 of each year", "by September 15, 1993 and by September 15" for "by March 15, 1992 and by March"; and, in Subsection C, substituted "January 1" for "July 1" and "payments required for September and December" for "payments required for March and June".
NM Stat § 27-11-1 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 11 - Medicaid Providers|Section 27-11-1 - Short title.

Chapter 27, Article 11 NMSA 1978 may be cited as the "Medicaid Provider and Managed Care Act". History: Laws 1998, ch. 30, § 1; 2019, ch. 215, § 1.ANNOTATIONSThe 2019 amendment, effective January 1, 2020, changed "This act" to "Chapter 27, Article 11 NMSA 1978", and after "Medicaid Provider", added "and Managed Care".Severability. — Laws 2019, ch. 215, § 19, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.Temporary provisions. — Laws 2019, ch. 215, § 18 provided that as of the effective date of this act, all references in law to the Medicaid Provider Act shall be deemed to be references to the Medicaid Provider and Managed Care Act.