reglab/housing_qa huggingface dataset:
NM Stat § 27-2-21 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-21 - Assistance not assignable.

Assistance granted under this act shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this act shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law. History: Laws 1937, ch. 18, § 11g; 1941 Comp., § 73-118; 1953 Comp., § 13-1-19. ANNOTATIONSCompiler's notes. — The words "this act" refer to Laws 1937, ch. 18. Cross references. — For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively. For form for claim of exemptions on executions, see Rule 4-803 NMRA. For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA. For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA. For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA. For form for claim of exemption from garnishment, see Rule 4-809 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare Laws § 101. 81 C.J.S. Social Security and Public Welfare §§ 100, 202, 222.
NM Stat § 27-2-22 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-22 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 8, § 28 and Laws 1998, ch. 9, § 28 repealed 27-2-22 NMSA 1978, as enacted by Laws 1937, ch. 18, § 11h, relating to recovery from a recipient, effective February 18, 1998. For provisions of former section, see the 1997 NMSA 1978 on NMOneSource.com.
NM Stat § 27-2-23.1 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-23.1 - Employee Retirement Income Security Act employee health benefit plans; clauses to exclude medicaid coverage prohibited.

No employee health benefit plan established under the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1144, that provides payments for health care on behalf of individuals residing in the state shall contain any provisions excluding or limiting coverage or payment for any health care for an individual who would otherwise be covered or entitled to benefits or services under the terms of the employee health benefit plan, because that individual is provided, or is eligible for, benefits under the medicaid program of this state pursuant to Title XIX of the federal Social Security Act, 42 U.S.C. 1396, et seq. History: 1978 Comp., § 27-2-23.1, enacted by Laws 1989, ch. 184, § 1.
NM Stat § 27-2-24 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-24 - [Federal government entitled to share recovery.]

The federal government shall be entitled to a share of any amounts recovered under the preceding two sections [27-2-22, 27-2-23 NMSA 1978] if required as a condition to federal financial participation. The federal government's share shall be limited to a percentage of the net recovery equal to the percentage of federal participation claimed by the state for the payments when originally made. The amount due the United States shall be paid promptly from the funds so collected to the United States government. History: Laws 1937, ch. 18, § 11i; 1941, ch. 116, § 6; 1941 Comp., § 73-120; 1953 Comp., § 13-1-21; Laws 1969, ch. 232, § 2. ANNOTATIONSCompiler's notes. — The words "preceding two sections," which first appeared in this section as amended by Laws 1969, ch. 232, § 2, apparently were intended to refer to 13-1-20 and 13-1-20.1, 1953 Comp., which at that time were the two sections immediately preceding this section in the 1953 Compilation. Sections 13-1-20 and 13-1-20.1, 1953 Comp., were compiled as 27-2-22 and 27-2-23 NMSA 1978. Section 27-2-22 was repealed by Laws 1998, ch. 9, § 28, effective February 28, 1998.
NM Stat § 27-2-25 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-25 - Funeral expenses.

A. On the death of: (1) a recipient of financial assistance under Section 27-2-6 NMSA 1978 [repealed] or Section 27-2-7 NMSA 1978 or under the federal supplemental security income program; or (2) an individual living in a nursing home or an intermediate care facility the payment for whose care is made in whole or in part pursuant to Title 19 of the federal act; funeral expenses up to two hundred dollars ($200) shall be paid by the health and social services department if the deceased's available resources, as defined by regulation of the board, are insufficient to pay the funeral expenses, the persons legally responsible for the support of the deceased are unable to pay the funeral expenses, and no other person will undertake to pay said expenses. B. No payment shall be made by the department when resources available from all sources to pay the funeral expenses total six hundred dollars ($600) or more. When the resources are less than six hundred dollars ($600), the department shall pay the difference between six hundred dollars ($600) and the resources, or two hundred dollars ($200), whichever is less. History: Laws 1937, ch. 18, § 11j; 1941 Comp., § 73-121; 1953 Comp., § 13-1-22; Laws 1959, ch. 49, § 1; 1969, ch. 234, § 1; 1975, ch. 220, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 27-2-6 NMSA 1978 was repealed by Laws 1998, ch. 9, § 28, effective February 28, 1998. Compiler's notes. — "Title 19 of the federal act," referred to in Subsection A(2), means Title XIX of the federal Social Security Act, which appears as 42 U.S.C. § 1396 et seq. See 27-2-2 NMSA 1978. Cross references. — For burial of indigents, see 24-13-1 NMSA 1978 et seq. Funeral expenses of a child of the recipient are not covered by this section. 1943 Op. Att'y Gen. No. 43-4389. Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare Laws §§ 41, 101. 81 C.J.S. Social Security and Public Welfare § 36.
NM Stat § 27-2-26 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-26 - Money received from other sources; duty and liability of funeral director.

Should any funeral director accept payment from sources other than the department for burial of a deceased person for whom a claim for burial expenses has been made to the department, he shall immediately notify the department of said payment. The department will consider said payment in determining the amount of any funeral expense payment it makes. If the department has already made payment, the funeral director shall refund to the department any excess over the amount which the department would have paid had it known of the payment from other sources. If any funeral director shall fail to notify the department of any such payment from other sources, he shall be liable to the department in an amount double the amount paid or to be paid by the department. History: 1953 Comp., § 13-1-22.1, enacted by Laws 1975, ch. 220, § 2.
NM Stat § 27-2-29 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-29 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 90, § 4 repealed 27-2-29 NMSA 1978, as enacted by Laws 1969, ch. 182, § 2, relating to procedure for the enforcement of support by the district attorney, effective March 21, 1981.
NM Stat § 27-2-29.1 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-29.1 - Compensation under contingent fee contracts; suspense fund created.

A. For the purpose of making disbursements and distributions pursuant to this section, the "human services department reimbursement suspense fund" is created in the state treasury. B. When pursuing a claim arising under Section 27-2-23 or 27-2-28 NMSA 1978, in addition to other available alternatives, the department may contract with a person to represent the department on a contingent fee basis if the contract: (1) is approved by the attorney general; (2) provides that all amounts received by the contractor as satisfaction of the claim shall be transferred to the department and deposited into the human services department reimbursement suspense fund to the credit of the department; and (3) provides that, upon the direction of the secretary of human services, the compensation due to the contractor shall be disbursed from the suspense fund to the contractor. C. After a disbursement to a contractor pursuant to Paragraph (3) of Subsection B of this section, the balance of each deposit into the human services department reimbursement suspense fund shall be distributed to the general fund and shall be appropriated to the department for the purpose of reimbursing the department for the public assistance from which the claim arose and, if required, for reimbursing the federal government. History: Laws 2010, ch. 80, § 1. ANNOTATIONSEmergency clauses. — Laws 2010, ch. 80, § 21 contained an emergency clause and was approved March 8, 2010.
NM Stat § 27-2-30 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-30 - [Enforcement of support;] orders.

The court in term time or judge in vacation may make and enforce by attachment or otherwise such order to restrain the use or disposition of the property of the defendant to provide for the support of the dependents during the pendency of the suit as in his discretion may seem just and proper. History: 1953 Comp., § 13-1-27.3, enacted by Laws 1965, ch. 66, § 3.
NM Stat § 27-2-31 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-31 - Judgments and proceeds.

Upon final hearing, judgment for the department shall include all sums expended during the pendency of the action. When the department of public welfare [human services department] recovers judgments under this act [27-2-30, 27-2-31 NMSA 1978], it may enforce, compromise or settle the judgments in any way considered by the board of public welfare to be in the public interest. Any proceeds of judgments or settlements shall be retained by the department for its authorized activities and required reimbursements to the federal government. History: 1953 Comp., § 13-1-27.4, enacted by Laws 1965, ch. 66, § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law. Laws 1968, ch. 37, § 3 transferred the powers, duties and property of the department of public welfare to the department of health and social services. Laws 1977, ch. 252, § 5, abolished the department of health and social services, and § 4 of said act created the human services department. See 27-1-1 NMSA 1978.
NM Stat § 27-2-32 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-32 - Duty of agencies to cooperate.

All state, county and municipal agencies, departments, bureaus and divisions shall cooperate in the location of absent parents who are not fulfilling their obligation to support their children and shall on request supply the department with all information on hand relative to the location, social security number, income and property of such absent parents, notwithstanding any other provision of law making the information confidential. The department shall use such information only for the purpose of enforcing the support liability of such absent parents and shall not use the information or disclose it for any other purpose. History: 1953 Comp., § 13-1-28, enacted by Laws 1969, ch. 182, § 3; 1981, ch. 90, § 3; 1985, ch. 105, § 14.
NM Stat § 27-2-33 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-33 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 8, § 28 and Laws 1998, ch. 9, § 28 repealed 27-2-33 NMSA 1978, as enacted by Laws 1937, ch. 18, § 21, relating to method of handling funds, effective February 18, 1998. For provisions of former section, see the 1997 NMSA 1978 on NMOneSource.com.
NM Stat § 27-2-34 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-34 - Limitations of act.

All assistance granted under this act shall be deemed to be granted and to be held subject to the provisions of any amending or repealing act that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing act. History: Laws 1937, ch. 18, § 22; 1941, ch. 116, § 7; 1941 Comp., § 73-132; 1953 Comp., § 13-1-35. ANNOTATIONSCompiler's notes. — The words "this act" refer to Laws 1937, ch. 18.
NM Stat § 27-2-35 to 27-2-40 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-35 to 27-2-40 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 8, § 28 and Laws 1998, ch. 9, § 28 repealed 27-2-35 through 27-2-40 NMSA 1978, amended by Laws 1995 (S.S.), ch. 2, § 1, relating to custody of records and disclosure of information, effective February 18, 1998. For provisions of former sections, see the 1997 NMSA 1978 on NMOneSource.com.
NM Stat § 27-2-41 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-41 - Short title.

This act [27-2-41 to 27-2-47 NMSA 1978] may be cited as the "Indigent Catastrophic Illness Hospital Funding Act". History: Laws 1990, ch. 93, § 1.
NM Stat § 27-2-42 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-42 - Legislative findings; purpose.

A. The legislature finds that twenty-five percent of New Mexicans have no health insurance. When such individuals suffer a catastrophic illness, the large hospital bills that are incurred can often result in indigency for that sick person and his family. B. The purpose of the Indigent Catastrophic Illness Hospital Funding Act [27-2-41 to 27-2-47 NMSA 1978] is to reduce the impact of medical indigency on the cost of health care in New Mexico by providing for payment of some portion of large hospital bills incurred by medically indigent patients. History: Laws 1990, ch. 93, § 2.
NM Stat § 27-2-43 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-43 - Definitions.

As used in the Indigent Catastrophic Illness Hospital Funding Act [27-2-41 to 27-2-47 NMSA 1978]: A. "department" means the human services department; B. "fund" means the indigent catastrophic illness hospital fund; C. "hospital" means any general or special hospital that is licensed by the health and environment department [department of health] and that has annual gross charges for medicare, medicaid and indigent patients greater than ten percent of the hospital's total annual gross charges; and D. "medically indigent patient" means an individual who is a New Mexico resident who incurs hospital charges, who is not eligible for medicaid or medicare and whose family or household income does not exceed two hundred fifty percent of the federal poverty level. History: Laws 1990, ch. 93, § 3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the department of health and environment, and enacted a new 9-7-4 NMSA 1978, creating the department of health.
NM Stat § 27-2-44 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-44 - Indigent catastrophic illness hospital fund created.

There is created in the state treasury the "indigent catastrophic illness hospital fund". Money in the fund is appropriated to the department for the purpose of reimbursing hospitals for eligible claims for hospital charges incurred by medically indigent patients and for paying administrative costs of the department not to exceed three percent of the annual appropriation or other distribution or transfer to the fund. Money in the fund shall be invested as provided for other state funds and income earned on the fund shall be credited to the fund. No balance remaining at the end of any fiscal year shall revert to the general fund. History: Laws 1990, ch. 93, § 4.
NM Stat § 27-2-45 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-45 - Hospitals; claims for payment.

A. A hospital may submit eligible claims to the department on or before April 1 of each year for payment from the fund by June 30 of each year in an amount determined pursuant to this section. B. A claim submitted by a hospital for payment from the fund shall be deemed an eligible claim if it is for: (1) uncovered hospital charges of five thousand dollars ($5,000) or more for an illness of a medically indigent patient; (2) hospital charges incurred within the twelve months immediately prior to the applicable April 1 closing deadline; and (3) an amount determined by subtracting from the base claim the medically indigent patient's deductible and then reducing the resulting balance, based on the hospital's medicare cost-to-charge ratio, to an amount equal to medicare allowable costs. C. The department shall pay from the fund to each hospital the amount of each eligible claim if there is sufficient money in the fund. If there is not sufficient money in the fund to pay all eligible claims of hospitals for that year, the amount of each claim that shall be paid shall be an amount derived from multiplying the full amount of the eligible claim by the percentage derived from dividing the balance in the fund, after administrative costs have been subtracted, by the sum of the eligible claims. History: Laws 1990, ch. 93, § 5.
NM Stat § 27-2-46 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-46 - Medically indigent patient deductible.

A medically indigent patient's deductible shall be an amount determined by the hospital that the medically indigent patient is able to pay the hospital in monthly installments over an eighteen-month period. That determination shall be made pursuant to department rules and regulations and shall include, but not be limited to, consideration of the medically indigent patient's family size, household income and obligations. History: Laws 1990, ch. 93, § 6.
NM Stat § 27-2-47 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-47 - Department; regulations.

The department shall adopt and promulgate by September 30, 1990 rules and regulations necessary to implement and administer the Indigent Catastrophic Illness Hospital Funding Act [27-2-41 to 27-2-47 NMSA 1978]. History: Laws 1990, ch. 93, § 7.
NM Stat § 27-2A-1 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2A - Medicaid Estate Recovery|Section 27-2A-1 - Short title.

This act [27-2A-1 to 27-2A-9 NMSA 1978] may be cited as the "Medicaid Estate Recovery Act". History: Laws 1994, ch. 87, § 1.
NM Stat § 27-2A-2 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2A - Medicaid Estate Recovery|Section 27-2A-2 - Purpose of act.

The purpose of the Medicaid Estate Recovery Act is to authorize and require the department to seek recovery of medical assistance payments made by the department for certain individuals, under certain circumstances, as provided in Title XIX of the Social Security Act. History: Laws 1994, ch. 87, § 2. ANNOTATIONSCross references. — For Title XIX of the federal Social Security Act, see 42 U.S.C. § 1396 et seq.
NM Stat § 27-2A-3 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2A - Medicaid Estate Recovery|Section 27-2A-3 - Definitions.

As used in the Medicaid Estate Recovery Act: A. "department" means the human services department; B. "estate" means real and personal property and other assets of the individual subject to probate or administration pursuant to the provisions of the Uniform Probate Code [45-1-1 NMSA 1978]; and C. "medical assistance" means amounts paid by the department as medical assistance pursuant to Title XIX of the Social Security Act. History: Laws 1994, ch. 87, § 3. ANNOTATIONSCross references. — For Title XIX of the federal Social Security Act, see 42 U.S.C. § 1396 et seq.
NM Stat § 27-2A-4 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2A - Medicaid Estate Recovery|Section 27-2A-4 - Department to seek recovery of medical assistance payments restriction.

A. The department shall seek recovery from the estate of an individual: (1) for medical assistance paid on behalf of an individual who was an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution if the individual was required, as a condition of receiving services in the facility or institution pursuant to the state plan, to spend for costs of services all but a minimal amount of the individual's income required for personal needs, and with respect to whom the department determined, after opportunity for a hearing in accordance with procedures established by the department, could not reasonably have been expected to have been discharged from the facility or institution to return home; and (2) for medical assistance payments made for nursing facility services, home- and community-based services and related hospital and prescription drug services on behalf of an individual who was fifty-five years of age or older when the individual received medical assistance. B. In the case of an individual who has participated in the state's qualified state long-term care insurance partnership program pursuant to Section 2 of this 2013 act [27-2-12.17 NMSA 1978], the department shall seek recovery of medical assistance paid on behalf of the individual only of the value of the individual's estate that exceeds the amount that the department has disregarded from the individual's countable resources pursuant to Paragraph (2) of Subsection A of Section 2 of this 2013 act in making its eligibility determination for medical assistance for institutional care or a medical assistance home- and community-based long-term care program. History: Laws 1994, ch. 87, § 4; 2013, ch. 139, § 3. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, provided a restriction on the recovery of medical assistance payments; in the title, added "restriction"; and added Subsection B.
NM Stat § 27-2A-5 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2A - Medicaid Estate Recovery|Section 27-2A-5 - Administration; recovery from estates.

A. The department shall administer the estate recovery program. B. The department shall adopt and promulgate rules and regulations to implement the provisions of the Medicaid Estate Recovery Act. C. The department may compromise, settle or waive recovery pursuant to the Medicaid Estate Recovery Act when deemed by the department to be in the best interests of the state. History: Laws 1994, ch. 87, § 5.
NM Stat § 27-2A-6 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2A - Medicaid Estate Recovery|Section 27-2A-6 - Hardship waiver.

The department shall waive the application of the provisions of the Medicaid Estate Recovery Act if application of the provisions would work an undue hardship as determined pursuant to regulations adopted and promulgated by the secretary of human services. The regulations shall include a provision for special consideration when an asset subject to recovery is the sole income-producing asset or is a homestead of modest value. History: Laws 1994, ch. 87, § 6.