reglab/housing_qa huggingface dataset:
NM Stat § 27-2-12.17 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.17 - Qualified state long-term care insurance partnership program; establishment; rulemaking.

A. Consistent with the federal act and subject to the appropriation and availability of federal and state funds, the secretary shall amend the state medicaid plan to establish a qualified state long-term care insurance partnership program pursuant to Section 1917(b) of the federal act. The program shall: (1) provide incentives for an individual to obtain or maintain qualified insurance to cover the cost of long-term care; and (2) provide a mechanism for an individual to qualify for medical assistance for institutional care or a medical assistance home- and community-based long-term care program on the basis of countable resources. Pursuant to the qualified state long-term care insurance partnership program: (a) an individual who otherwise qualifies for medical assistance for institutional care or a medical assistance home- and community-based long-term care program shall qualify on the basis of countable resources when the individual is the beneficiary of a qualified insurance policy, insurance plan, certificate of insurance or rider; and (b) for purposes of determining eligibility, the individual's total countable resources shall be reduced by an amount equal to the qualified insurance benefits that are made to or on behalf of the individual. B. The secretary shall consult with the superintendent of insurance in the adoption and promulgation of rules regarding the implementation and operation of the qualified state long-term care partnership insurance program. These rules shall provide for reciprocity with respect to individuals who have purchased qualified insurance in another state participating in a qualified state long-term care insurance partnership program and shall provide that the amount of that individual's countable resources shall be disregarded with respect to that qualified insurance. C. As used in this section: (1) "qualified insurance" means an insurance policy, insurance plan, certificate of insurance or rider that the superintendent has certified as qualified long-term care partnership program insurance pursuant to Section 4 [59A-23A-12 NMSA 1978] of this 2013 act; and (2) "rider" means a long-term care coverage provision added to any type of insurance plan, insurance policy or certificate of insurance. History: Laws 2013, ch. 139, § 2. ANNOTATIONSEffective dates. — Laws 2013, ch. 139 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
NM Stat § 27-2-12.18 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.18 - Medical assistance; prescription drugs; prior authorization request form; prior authorization protocols.

A. Beginning January 1, 2014, the department shall require its medicaid contractors to accept the uniform prior authorization form developed pursuant to Sections 2 [59A-2-9.8 NMSA 1978] and 3 [61-11-6.2 NMSA 1978] of this 2013 act. The department shall require its medicaid contractors to accept the uniform prior authorization form as sufficient to request prior authorization for prescription drug benefits on behalf of recipients. B. The department shall require its medicaid contractors to respond within three business days upon receipt of a uniform prior authorization form. The department shall require each of its medicaid contractors to deem a prior authorization as having been granted if the contractor has failed to respond to the prior authorization request within three business days. History: Laws 2013, ch. 170, § 1. ANNOTATIONSEffective dates. — Laws 2013, ch. 170 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
NM Stat § 27-2-12.19 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.19 - Former foster-care recipients; medical assistance coverage until age twenty-six.

The department shall cover individuals who are residents of New Mexico and who are former recipients of foster care, regardless of the state where the foster care was received, until those individuals reach the age of twenty-six years. History: Laws 2015, ch. 31, § 1. ANNOTATIONSEffective dates. — Laws 2015, ch. 31 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
NM Stat § 27-2-12.20 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.20 - Crisis triage center; medical assistance reimbursement.

A. In accordance with federal law, the secretary shall adopt and promulgate rules to establish a reimbursement rate for services provided to recipients of state medical assistance at a crisis triage center. B. As used in this section, "crisis triage center" means a health facility that: (1) is licensed by the department of health; and (2) provides stabilization of behavioral health crises and may include residential and nonresidential stabilization. History: Laws 2015, ch. 61, § 2; 2018, ch. 34, § 2. ANNOTATIONSThe 2018 amendment, effective March 1, 2018, revised the definition of "crisis triage center"; in Subsection B, at the end of Paragraph B(1), added "and", deleted former Paragraph B(2) and redesignated former Paragraph B(3) as Paragraph B(2), and in Paragraph B(2), after "health crises", deleted "including" and added "and may include residential and nonresidential". Temporary provisions. — Laws 2015, ch. 61, § 3 provided that by July 1, 2016, the department of health shall adopt and promulgate rules relating to the licensure of crisis triage centers pursuant to Laws 2015, ch. 61, §§ 1 and 2.
NM Stat § 27-2-12.21 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.21 - Medical assistance; pharmacy benefits; prescription synchronization.

A. In accordance with federal law, the secretary shall adopt and promulgate rules that allow a recipient to fill or refill a prescription for less than a thirty-day supply of a prescription drug and apply a prorated daily copayment or coinsurance, if applicable, for the fill or refill, if: (1) the prescribing practitioner or the pharmacist determines the fill or refill to be in the best interest of the patient; (2) the recipient requests or agrees to receive less than a thirty-day supply of the prescription drug; and (3) the reduced fill or refill is made for the purpose of synchronizing the recipient's prescription drug fills. B. Medical assistance coverage shall not: (1) deny coverage for the filling of a chronic medication when the fill is made in accordance with a plan to synchronize multiple prescriptions for the recipient pursuant to Subsection A of this section established among the department or the recipient's managed care plan, the prescribing practitioner and a pharmacist. The medical assistance coverage shall allow a pharmacy to override any denial indicating that a prescription is being refilled too soon for the purposes of medication synchronization; and (2) prorate a dispensing fee to a pharmacy that fills a prescription with less than a thirty-day supply of prescription drug pursuant to Subsection A of this section. The medical assistance coverage shall pay in full a dispensing fee for a partially filled or refilled prescription for each prescription dispensed, regardless of any prorated copayment or coinsurance that the recipient may pay for prescription synchronization services. History: Laws 2015, ch. 65, § 2. ANNOTATIONSEffective dates. — Laws 2015, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
NM Stat § 27-2-12.24 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.24 - Medical assistance; plan of care; participation required.

A. By January 1, 2020, the secretary shall require medical assistance plans to establish, in consultation with the department, hospitals, birthing centers, the children, youth and families department and the department of health, a process for the creation and implementation of a plan of care for a substance-exposed newborn and the relatives, parents, guardians or caretakers of a substance-exposed newborn as provided for in the Children's Code [Chapter 32A NMSA 1978].B. As used in this section, "plan of care" means a plan created by a health care professional pursuant to the Children's Code that is intended to ensure the safety and well-being of a substance-exposed newly born child by addressing the treatment needs of the child and any of the child's parents, relatives, guardians, family members or caregivers to the extent those treatment needs are relevant to the safety of the child.History: 1978 Comp., § 27-2-12.24, as enacted by Laws 2019, ch. 190, § 5 ANNOTATIONSEffective dates. — Laws 2019, ch. 190 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 27-2-12.25 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.25 - Prior authorization for gynecological or obstetrical ultrasounds prohibited.

A. The department shall prohibit its medicaid managed care and fee-for-service contractors from requiring prior authorization for gynecological or obstetrical ultrasounds. B. Nothing in this section shall be construed to require payment for a gynecological or obstetrical ultrasound that is not: (1) medically necessary; or (2) a covered benefit. C. As used in this section, "prior authorization" means advance approval that is required as a condition precedent to payment for medical care or related benefits rendered to a covered person, including prospective or utilization review conducted prior to the provision of covered medical care or related benefits. History: Laws 2019, ch. 182, § 2 ANNOTATIONSEmergency clauses. — Laws 2019, ch. 182, § 7 contained an emergency clause and was approved April 3, 2019.
NM Stat § 27-2-12.26 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.26 - Qualified medicare beneficiary recipients; medicare part B coverage automatic enrollment.

A. The department shall provide for the automatic enrollment into medicare part B coverage of individuals:(1) whom it deems eligible for participating in the qualified medicare beneficiary program; and(2) who are not enrolled in medicare part B coverage.B. By August 1, 2019, the secretary shall adopt and promulgate rules to provide for informing, in writing, applicants for and recipients of qualified medicare beneficiary coverage that, if they are enrolled in the qualified medicare beneficiary program and, at the time of enrollment they are not enrolled in medicare part B, they are eligible for automatic enrollment in medicare part B coverage, regardless of whether general or "open" enrollment of medicare part B beneficiaries is allowed under federal law at the time a qualified medicare beneficiary program recipient enrolls in the qualified medicare beneficiary program.C. As used in this section:(1) "medicare part B" means the supplemental medical insurance program provided under part B of Title 18 of the federal Social Security Act; and(2) "qualified medicare beneficiary program" means the joint state-federal medical assistance program that provides for payment of recipients' premiums under part A of Title 18 of the federal Social Security Act and recipients' coinsurance and deductible amounts on services covered under medicare part B. History: Laws 2019, ch. 136, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 136 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 27-2-12.27 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.27 - Medical assistance; managed care organization contracts; applicability of Prior Authorization Act.

The secretary shall ensure that contracts with managed care organizations to provide medical assistance to medicaid recipients are subject to and comply with the Prior Authorization Act. History: Laws 2019, ch. 187, § 2. ANNOTATIONSEffective dates. — Laws 2019, ch. 187 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 27-2-12.29 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.29 - Medical assistance; reimbursement for a one-year supply of covered prescription contraceptive drugs or devices.

A. In providing coverage for family planning services and supplies under the medical assistance program, the department shall ensure that a recipient is permitted to fill or refill a prescription for a one-year supply of a covered, self-administered contraceptive at one time, as prescribed.B. Nothing in this section shall be construed to limit a recipient's freedom to choose or change the method of family planning to be used, regardless of whether the recipient has exhausted a previously dispensed supply of contraceptives. History: Laws 2019, ch. 263, § 2. ANNOTATIONSEffective dates. — Laws 2019, ch. 263 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 27-2-12.30 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.30 - Pharmacist prescriptive authority services; reimbursement parity.

A medical assistance program or its contractor shall reimburse a participating provider that is a certified pharmacist clinician or pharmacist certified to provide a prescriptive authority service who provides a service at the standard contracted rate that the medical assistance program reimburses, for the same service under that program, any licensed physician or physician assistant licensed pursuant to the Medical Practice Act [Chapter 41, Article 5 NMSA 1978] or any advanced practice certified nurse practitioner licensed pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978].History: Laws 2020, ch. 58, § 2; 2021, ch. 54, § 10. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, after "Medical Practice Act", deleted "or the Osteopathic Medicine Act".
NM Stat § 27-2-12.31 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-12.31 - Heart artery calcium scan coverage.

A. In accordance with federal law, the secretary shall adopt and promulgate rules that provide medical assistance coverage for eligible enrollees to receive a heart artery calcium scan.B. Medical assistance coverage provided pursuant to this section shall:(1) be limited to the provision of a heart artery calcium scan to an eligible enrollee to be used as a clinical management tool;(2) be provided every five years if an eligible enrollee has previously received a heart artery calcium score of zero; and(3) not be required for future heart artery calcium scans if an eligible enrollee receives a heart artery calcium score greater than zero.C. At its discretion or as required by law, a managed care organization providing medical assistance may offer or refuse coverage for further cardiac testing or procedures for eligible enrollees based upon the results of a heart artery calcium scan.D. The provisions of this section shall not apply to short-term travel, accident-only or limited or specified-disease policies, plans or certificates of health insurance.E. As used in this section:(1) "eligible enrollee" means an enrollee who:(a) is a person between the ages of forty-five and sixty-five; and(b) has an intermediate risk of developing coronary heart disease as determined by a health care provider based upon a score calculated from an evidence-based algorithm widely used in the medical community to assess a person's ten-year cardiovascular disease risk, including a score calculated using a pooled cohort equation;(2) "health care provider" means a physician, physician assistant, nurse practitioner or other health care professional authorized to furnish health care services within the scope of the professional's license; and(3) "heart artery calcium scan" means a computed tomography scan measuring coronary artery calcium for atherosclerosis and abnormal artery structure and function.History: Laws 2020, ch. 79, § 2. ANNOTATIONSEffective dates. — Laws 2020, ch. 79 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.Applicability. — Laws 2020, ch. 79, § 6 provided that the provisions of Laws 2020, ch. 79, are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2021.
NM Stat § 27-2-13 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-13 - Conflict in federal and state laws.

Any section of the NMSA 1978 relating to public assistance which is in conflict with the provisions of the federal act or the federal Food Stamp Act, as may be amended from time to time, and federal regulations issued pursuant thereto, shall be suspended in its operation if the attorney general certifies that such conflict exists. History: 1953 Comp., § 13-17-16, enacted by Laws 1973, ch. 376, § 17. ANNOTATIONSCross references. — For the federal Food Stamp Act, see 7 U.S.C. § 2011 et seq.
NM Stat § 27-2-14 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-14 - Continuing effect of regulations and standards.

Regulations and standards of the board and department adopted prior to the effective date of the Public Assistance Act are continued in full force and effect, unless modified or revoked. History: 1953 Comp., § 13-17-17, enacted by Laws 1973, ch. 376, § 18.
NM Stat § 27-2-15 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-15 - Cooperation with United States.

The state department is hereby designated as the state agency to cooperate with the federal government in the administration of the provisions of Title 1, Title 4, Part 2 and 3 of Title 5, and Title 10 of the federal Social Security Act. The state board is hereby authorized and directed to cooperate with the proper departments of the federal government, and with all other departments of the state and local governments in the enforcement and administration of such provisions of the federal Social Security Act, and any amendments thereto and the rules and regulations issued thereunder, and in compliance therewith in the manner prescribed in this act, or as otherwise provided by law. The department shall also make reports in such form and containing such information as any agency or instrumentality of the United States, with which it is cooperating, may from time to time require, and shall comply with such provisions as any such agency or instrumentality may from time to time find necessary to assure the correctness and verification of such reports. History: Laws 1937, ch. 18, § 9; 1941 Comp., § 73-109; 1953 Comp., § 13-1-9. ANNOTATIONSCompiler's notes. — The words "this act", referred to near the end of the first paragraph, refer to Laws 1937, ch. 18. Cross references. — For Titles 1, 4, 5 and 10 of the federal Social Security Act, see 42 U.S.C. §§ 301 et seq., 601 et seq., 701 et seq., and 1201 et seq., respectively. Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare Laws §§ 15, 32 to 41, 43. Constitutionality of old-age pension or assistance acts, 37 A.L.R. 1524, 86 A.L.R. 912, 101 A.L.R. 1215. Old-age assistance benefits under federal and state Social Security Act, 121 A.L.R. 1002. Reimbursement of public for financial assistance to aged persons, 29 A.L.R.2d 731. Residence required for purposes of old-age assistance, 43 A.L.R.2d 1427. What constitutes "disability" within federal Social Security Act, 77 A.L.R.2d 641. 81 C.J.S. Social Security and Public Welfare §§ 94 to 112.
NM Stat § 27-2-17 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-17 - Custodian of funds.

The state department is hereby designated as the custodian, subject to the provisions of Section 21 [repealed] of this act, of any and all monies which may be received by the state of New Mexico, which the state board of public welfare is authorized to administer, from any appropriations made by the congress of the United States for the purpose of cooperating with the several states in the enforcement and administration of the provisions of the federal Social Security Act, referred to in Section 9 [27-2-15 NMSA 1978], and all monies received from any other source for the purposes set forth in this act. The state department is hereby authorized to receive such monies, provide for the proper custody thereof, and to make disbursements therefrom under such rules and regulations as the state board may prescribe. History: Laws 1937, ch. 18, § 10; 1941 Comp., § 73-110; 1953 Comp., § 13-1-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 21 of Laws 1937, ch. 18, formerly compiled as 27-2-33 NMSA 1978, was repealed by Laws 1998, ch. 9, § 28, effective February 18, 1998. Cross references. — For the federal Social Security Act, see 42 U.S.C. § 301 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare §§ 15, 32 to 41, 50, 67, 103, 111 to 113. Unemployment or other unusual conditions, power of state or municipality to appropriate funds or incur indebtedness, in excess of poor funds, for relief of distress due to, 87 A.L.R. 371. 81 C.J.S. Social Security and Public Welfare §§ 2, 6, 9, 94 to 112, 116.
NM Stat § 27-2-18 to 27-2-20 (2021)
2021 New Mexico Statutes|Chapter 27 - Public Assistance|Article 2 - Public Assistance Act|Section 27-2-18 to 27-2-20 - Repealed.

ANNOTATIONSRepeals. — Laws 1998, ch. 8, § 28 and Laws 1998, ch. 9, § 28, repealed 27-2-18 through 27-2-20 NMSA 1978, amended by Laws 1963, ch. 220, § 1, relating to application for public assistance, effective February 18, 1998. For provisions of former sections, see the 1997 NMSA 1978 on NMOneSource.com.