reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 3 - Drug Product Selection › Section 26-3-2 - Purpose.

It is the purpose of the Drug Product Selection Act to assure that all New Mexico citizens continue to receive high quality drugs at a reasonable cost.
History:
1953 Comp., § 54-6-28.2, enacted by Laws 1976, ch. 60, § 3.
ANNOTATIONS
Cross references.
— For provisions relating to the New Mexico Drug Device and Cosmetic Act,
see
26-1-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 4 - Wholesale Prescription Drug Importation › Section 26-4-1 - Short title.

This act [26-4-1 to 26-4-10 NMSA 1978] may be cited as the "Wholesale Prescription Drug Importation Act".
History:
Laws 2020, ch. 45, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 4 - Wholesale Prescription Drug Importation › Section 26-4-2 - Definitions.

As used in the Wholesale Prescription Drug Importation Act:
A. "Canadian supplier" means a manufacturer, wholesale distributor or pharmacy that is appropriately licensed or permitted under Canadian federal or provincial laws and rules to manufacture, distribute or dispense prescription drugs;
B. "committee" means the prescription drug importation advisory committee;
C. "department" means the department of health;
D. "eligible prescription drug" means a drug eligible for importation that:
(1) meets the United States federal food and drug administration's standards related to safety, effectiveness, misbranding and adulteration;
(2) does not violate federal patent laws;
(3) is expected to generate cost savings; and
(4) is not a controlled substance;
E. "program" means the wholesale prescription drug importation program; and
F. "state drug wholesaler" means a licensed wholesale drug distributor that contracts with the state to import eligible prescription drugs from a Canadian supplier.
History:
Laws 2020, ch. 45, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 4 - Wholesale Prescription Drug Importation › Section 26-4-3 - Advisory committee created; membership; duties.

A. The "prescription drug importation advisory committee" is created as an interagency advisory committee of the department. The committee consists of:
(1) the secretary of health, who shall serve as the chair of the committee;
(2) the executive director of the board of pharmacy;
(3) the superintendent of insurance;
(4) the secretary of human services; and
(5) the secretary of general services.
B. Members may appoint designees.
C. The committee shall advise the department in developing and implementing the program. The committee shall consult with interested stakeholders and appropriate federal officials as necessary in shaping its advice to the department. The department shall hold a public hearing on the proposed program prior to submitting the program for federal approval.
History:
Laws 2020, ch. 45, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 4 - Wholesale Prescription Drug Importation › Section 26-4-4 - Wholesale prescription drug importation program created.

The department, in consultation with the committee, shall design a "wholesale prescription drug importation program" that complies with the applicable requirements of 21 U.S.C. Section 384, including the requirements regarding safety and cost savings. The department shall explore all potential mechanisms, to the extent allowable under law, for the importation of eligible prescription drugs. The program design shall:
A. contract with one or more state drug wholesalers to seek federal certification and approval to import safe, eligible prescription drugs from Canadian suppliers and provide significant prescription drug cost savings to New Mexico consumers;
B. allow the importation of eligible prescription drugs sold by Canadian suppliers;
C. ensure that only eligible prescription drugs meeting the United States food and drug administration's safety, effectiveness and other standards are imported by or on behalf of the state;
D. import only those eligible prescription drugs expected to generate substantial savings for New Mexico consumers;
E. ensure that, with respect to eligible prescription drugs to be imported pursuant to the program, the program and the state drug wholesaler comply with the tracking, tracing, verification and identification requirements of 21 U.S.C. Sections 360eee and 360eee-1;
F. prohibit the distribution, dispensing or sale of eligible prescription drugs imported pursuant to the Wholesale Prescription Drug Importation Act outside the exterior boundaries of the state;
G. recommend a charge per prescription or another method of support to ensure that the program is funded adequately in a manner that does not jeopardize significant consumer savings; and
H. include an audit function.
History:
Laws 2020, ch. 45, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 4 - Wholesale Prescription Drug Importation › Section 26-4-5 - Monitoring for anti-competitive behavior.

The department shall consult with the attorney general to identify the potential, and to monitor, for anti-competitive behavior in industries that would be affected by the program.
History:
Laws 2020, ch. 45, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 4 - Wholesale Prescription Drug Importation › Section 26-4-6 - Federal compliance.

On or before December 15, 2020, the department shall submit a formal request to the secretary of the United States department of health and human services for certification of the state's program.
History:
Laws 2020, ch. 45, § 6.
ANNOTATIONS
Emergency clauses.
— Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 4 - Wholesale Prescription Drug Importation › Section 26-4-7 - Implementation.

Upon certification of approval by the secretary of the United States department of health and human services, the department shall begin implementing the program and begin operating the program within six months of that approval. As part of the implementation process, the department shall:
A. enter into contracts in accordance with the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] with one or more state drug wholesalers and New Mexico licensed drug distributors and contract with one or more approved Canadian suppliers;
B. consult with interested stakeholders, including the committee, the legislature, health insurance plans, employers, pharmacies, health care providers and consumers;
C. develop a registration process for health insurance plans, pharmacies and prescription drug administering health care providers who choose to participate in the program;
D. make a list of imported eligible prescription drugs and their prices and make that list available to all participating entities and the general public;
E. create an outreach and marketing plan to generate program awareness;
F. create and staff a helpline to answer questions and address the needs of consumers, employers, health insurance plans, pharmacies, health care providers and other affected sectors;
G. require annual and special audits of the program; and
H. carry out other duties in accordance with the Wholesale Prescription Drug Importation Act that the department, in consultation with the board of pharmacy, determines to be necessary for successful implementation of the program.
History:
Laws 2020, ch. 45, § 7.
ANNOTATIONS
Emergency clauses.
— Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 4 - Wholesale Prescription Drug Importation › Section 26-4-8 - Annual reporting.

Annually, after implementation, the department shall report to the governor and the legislature regarding the operation of the program during the previous year, including:
A. which eligible prescription drugs and Canadian suppliers are included in the program;
B. the number of participating pharmacies, health care providers and health insurance plans;
C. the number of prescriptions dispensed through the program;
D. the estimated savings to consumers, health plans, employers and the state during the previous year and to date;
E. information regarding implementation of the audit plan and the correction plans for audit findings; and
F. any other information requested by the governor or the legislature or that the secretary of health deems relevant.
History:
Laws 2020, ch. 45, § 8.
ANNOTATIONS
Emergency clauses.
— Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 4 - Wholesale Prescription Drug Importation › Section 26-4-9 - Wholesale prescription drug importation fund.

The "wholesale prescription drug importation fund" is created as a nonreverting fund in the state treasury. The fund consists of money received by the state through the implementation of the program pursuant to the Wholesale Prescription Drug Importation Act and appropriations, gifts, grants, donations to the fund and income from investment of the fund. The department shall administer the fund, and money in the fund is subject to appropriation by the legislature and shall be expended only as provided in the appropriation. Expenditures shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of health or the secretary's authorized representative.
History:
Laws 2020, ch. 45, § 9.
ANNOTATIONS
Emergency clauses.
— Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 4 - Wholesale Prescription Drug Importation › Section 26-4-10 - Countries other than Canada allowed by federal law.

The provisions of the Wholesale Prescription Drug Importation Act may be extended to any other country allowed by federal law to import prescription drugs into the United States, at the discretion of the department.
History:
Laws 2020, ch. 45, § 10.
ANNOTATIONS
Emergency clauses.
— Laws 2020, ch. 45, § 11 contained an emergency clause and was approved March 4, 2020.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 1 - General Provisions › Section 27-1-1 - Definitions.

As used in Articles 1 and 2 of Chapter 13 NMSA 1953, "department," "department of public welfare," "state department of public welfare," "New Mexico department of public welfare," "state board of public welfare," "board of public welfare," "state board," "state department," "health and social services department," "department of health and social services," "health and social services board" and "board" mean the human services department [health care authority department].
History:
1953 Comp., § 13-1-1, enacted by Laws 1977, ch. 252, § 16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Compiler's notes.
— The provisions formerly appearing in Chapter 13, Articles 1 and 2, 1953 Comp., are compiled as 24-13-1 to 24-13-8, 27-1-1 to 27-1-3, 27-1-4, 27-2-15, 27-2-17 to 27-2-26, 27-2-30 to 27-2-36, 27-5-1 to 27-5-12, 27-5-13 to 27-5-18 and 28-4-1 to 28-4-3 NMSA 1978.
For definitions of "department" and "board" applicable to some of the provisions listed in the previous note,
see
27-2-2 NMSA 1978.
The powers, duties and property of the department of public welfare were transferred to the department of health and social services by Laws 1968, ch. 37, § 3. Laws 1977, ch. 252, § 5, abolished the department of health and social services, and § 4 of said act created the human services department [health care authority department].
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 1 - General Provisions › Section 27-1-3.1 - Acute care bed usage; funding authorization.

The human services department [health care authority department] is authorized to accept and use federal grants or matching funds for the purpose of reimbursement to certain rural hospitals for using empty acute care beds for intermediate care and skilled nursing care, as defined in federal statutes and regulations, subject to federal approval and the availability of funds. The department is authorized to use funds from existing appropriations for matching federal funds for the purposes of this act.
History:
Laws 1980, ch. 83, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 1 - General Provisions › Section 27-1-4 - Status of assistance payments.

Payments received by a displaced person under the Relocation Assistance Act [42-3-1 NMSA 1978] shall not be considered as income or resources to any recipient of public assistance, and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under the laws of this state.
History:
1953 Comp., § 13-1-20.2, enacted by Laws 1972, ch. 41, § 22.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 1 - General Provisions › Section 27-1-5 to 27-1-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 101, § 9 repealed 27-1-5 through 27-1-7 NMSA 1978, as enacted by Laws 1983, ch. 74, §§ 1 through 3, the Citizen Substitute Care Review Act, effective April 2, 1985. For present comparable provisions,
see
32A-8-1 to 32A-8-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 1 - General Provisions › Section 27-1-10 - Collection and use of social security numbers for use in child support enforcement.

A. For applicants or persons who have been assigned a social security number, the state shall have and use procedures requiring that the social security number of any:
(1) applicant for a professional license, commercial driver's license or occupational license be recorded on the application;
(2) applicant for a marriage license be collected and placed in the records maintained by the county clerk;
(3) person who is subject to a divorce decree, support order or paternity determination or acknowledgment be placed in the records relating to the matter; and
(4) person who has died be placed in the records relating to the death and be recorded on the death certificate.
B. The collection and use of social security numbers shall be made available to the human services department [health care authority department] for use in child support enforcement.
History:
Laws 1997, ch. 237, § 15; 2013, ch. 144, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2013 amendment,
effective June 14, 2013, required counties to obtain social security numbers from applicants for marriage licenses; in Subsection A, in the introductory sentence, at the beginning of the sentence, added "For applicants or persons who have been assigned a social security number", in Paragraph (1), after "occupational license", deleted "or marriage license", and added Paragraph (2); and in Subsection B, after "made available to the" deleted "state Title IV-D agency" and added "human services department".
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 1 - General Provisions › Section 27-1-12 - Work requirement for persons owing past-due child support.

The state Title IV-D agency must have and use procedures under which the state has the authority, in any case in which an individual owes past-due support with respect to a child receiving assistance under a state program funded under temporary assistance for needy families, to issue an order or to request that a court or an administrative process established pursuant to state law issue an order that requires the individual to:
A. pay such support in accordance with a plan approved by the court, or at the option of the state, a plan approved by the state Title IV-D agency; or
B. if the individual is subject to such a plan and is not incapacitated, participate in such work activities as the court, or at the option of the state, the state Title IV-D agency, deems appropriate.
History:
Laws 1997, ch. 237, § 22.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 1 - General Provisions › Section 27-1-14 - Enforcement of orders for health care.

A. All Title IV-D agency cases shall include a provision for the health care coverage of each child. In the case in which a medical support obligor parent provides such coverage and changes employment and the new employer provides such coverage, the state Title IV-D agency shall transfer notice of the provision to the employer, which notice shall operate to enroll each child in the medical support obligor's health plan unless the medical support obligor successfully contests the notice.
B. For purposes of this section, "medical support obligor" means a person owing a duty to provide health support, or against whom a proceeding for the enforcement of such a duty of support is commenced or for registration of a support order that includes provisions for such support for each minor child.
History:
Laws 1997, ch. 237, § 34; 2007, ch. 165, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added Subsection B defining "medical support obligor"..
Severability.
— Laws 1997, ch. 237, § 35 provides for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 1 - General Provisions › Section 27-1-15 - Repealed.

History:
Laws 2005, ch. 160, § 1; repealed by Laws 2006, ch. 26, § 4.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 26, § 4 repealed 27-1-15 NMSA 1978, as enacted by Laws 2005, ch. 160, § 1, relating to the prescription drug discount card program, effective May 17, 2006. For provisions of former section,
see
the 2005 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-1 - Short title.

Sections 27-2-1 through 27-2-34 NMSA 1978 may be cited as the "Public Assistance Act".
History:
1953 Comp., § 13-17-1, enacted by Laws 1973, ch. 376, § 1; 2013, ch. 139, § 1.
ANNOTATIONS
Cross references.
— For public assistance appeals,
see
Chapter 27, Article 3 NMSA 1978.
For programs for persons with special medical needs,
see
Chapter 27, Article 4 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, after "Section", added "27-2-1 through 27-2-34 NMSA 1978".
Law reviews.
— For symposium, "The Equal Rights Amendment and the Administration of Income Assistance Programs in New Mexico," see 3 N.M.L. Rev. 84 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Welfare Laws §§ 1 to 74.
81 C.J.S. Social Security and Public Welfare § 1 et seq.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-2 - Definitions.

As used in the Public Assistance Act:
A. "department" means the human services department [health care authority department];
B. "board" means the human services department [health care authority department];
C. "director" means the secretary of human services;
D. "local office" means the county or district office of the human services department [health care authority department];
E. "medicaid advisory committee" means the body, established by federal law, that advises the New Mexico medicaid program on policy development and program administration;
F. "medicaid forward plan" means a health care coverage plan that leverages the medicaid program to provide a state-administered health care coverage option;
G. "public welfare" or "public assistance" means any aid or relief granted to or on behalf of an eligible person under the Public Assistance Act and regulations issued pursuant to that act;
H. "applicant" means a person who has applied for assistance or services under the Public Assistance Act;
I. "recipient" means a person who is receiving assistance or services under the Public Assistance Act;
J. "federal act" means the federal Social Security Act, as may be amended from time to time, and regulations issued pursuant to that act; and
K. "secretary" means the secretary of human services.
History:
1953 Comp., § 13-17-2, enacted by Laws 1973, ch. 376, § 2; 1977, ch. 252, § 21; 1978 Comp., § 27-2-2; 1987, ch. 78, § 1; 1991, ch. 155, § 1; 2023, ch. 198, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Compiler's notes.
— Laws 1937, ch. 18, § 1 enacted definitions for a public welfare act. Laws 1937, ch. 18, § 1 was repealed by Laws 1968, ch. 37, § 7. Laws 1968, ch. 37, § 2 enacted the health and social services department. Laws 1973, ch. 376, § 19 also repealed Laws 1937, ch. 18, § 1.
Cross references.
— For the federal Social Security Act,
see
42 U.S.C. § 301 et seq.
The 2023 amendment,
effective June 16, 2023, defined "medicaid advisory" and "medicaid forward plan" as used in the Public Assistance Act; and added new Subsections E and F and redesignated former Subsections E through I as Subsections G through K, respectively.
The 1991 amendment,
effective June 14, 1991, added "or services" following "assistance" in Subsections F and G.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-3 - Standard of need; income determination.

A. Consistent with the federal act and subject to the availability of federal and state funds, the board shall adopt a standard of need which shall establish a reasonable level of subsistence.
B. Consistent with the federal act, the board shall define by regulation exempt and nonexempt income and resources. Medical expenses shall not be deducted from either income or resources in determining eligibility.
History:
1953 Comp., § 13-17-3, enacted by Laws 1973, ch. 376, § 3; 1975, ch. 187, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Welfare Laws §§ 15, 33, 35, 40, 53 to 60.
81 C.J.S. Social Security and Public Welfare §§ 37 to 44, 97 to 112.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 8, § 28 and Laws 1998, ch. 9, § 28 repealed 27-2-5 and 27-2-6 NMSA 1978, as enacted by Laws 1973, ch. 376, §§ 5 and 9, and amended by Laws 1982, ch. 24, §§ 1 and 2, relating to amount of grant and aid to families with dependent children, effective February 18, 1998. For provisions of former sections,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-6.1 - Supplemental postnatal assistance.

The department shall establish a program of supplemental postnatal assistance for those developmentally or intellectually disabled persons who during pregnancy received temporary assistance for needy families but whose assistance was revoked upon relinquishment of the newly born child for adoption. The supplemental postnatal assistance provided for in this section shall be at the same rate as temporary assistance for needy families, but supplemental postnatal assistance shall not exceed a period of sixty days. The department shall promulgate rules to carry out the provisions of this section.
History:
1978 Comp., § 27-2-6.1, enacted by Laws 1978, ch. 30, § 1; 2023, ch. 113, § 3.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, updated terms relating to developmental and intellectual disabilities; deleted "health and social services", deleted "mentally retarded" and added "developmentally or intellectually disabled", and deleted "aid to families with dependent children" and added "temporary assistance for needy families".
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-6.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 8, § 28 and Laws 1998, ch. 9, § 28, repealed 27-2-6.2 NMSA 1978, enacted by Laws 1988, ch. 122, § 1, relating to public assistance, employment and training requirements, effective February 18, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-7.1 - Eligible person entitled to information.

A recipient shall be provided with information about expiration of medicaid or general assistance benefits when the recipient or the recipient's guardian, custodian or other authorized representative files a request for such information with the human services department [health care authority department]. The department shall respond to the request within five business days of receipt of the request made on a form the department shall devise and make available to a recipient. The response shall be by physical mail, electronic mail or facsimile or by access into a department-authorized web site.
History:
Laws 2007, ch. 88, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Cross references.
— For medical assistance programs,
see
27-2-12 NMSA 1978.
Effective dates.
— Laws 2007, ch. 88, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 8, § 28 and Laws 1998, ch. 9, § 28 repealed 27-2-8 NMSA 1978, amended by Laws 1975, ch. 187, § 5, relating to granting of assistance, effective February 18, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-9 - Payment for hospital care.

A. Consistent with the federal act, the department shall provide necessary hospital care for recipients of public assistance other than those eligible under the general assistance program authorized by Section 10 [27-2-7 NMSA 1978] of the Public Assistance Act. The rate of payment for in-patient hospital services shall be based either on the reasonable cost or the customary cost of such services, whichever is less. In determining reasonable cost under this section, the board shall adopt regulations establishing a formula consistent with the federal act. The department shall apply that formula to determine the amount to which each hospital is entitled as reimbursement for providing in-patient hospital services.
B. To receive reimbursement for providing in-patient hospital services, a hospital shall file annually with the department such information as the department may reasonably require to determine reasonable costs or the hospital's customary cost of in-patient hospital services.
C. Any hospital entitled to reimbursement for in-patient hospital services shall be entitled to a hearing, pursuant to regulations of the board consistent with applicable state law, if the hospital disagrees with the department's determination of the reimbursement the hospital is to receive.
History:
1953 Comp., § 13-17-12, enacted by Laws 1973, ch. 376, § 13.
ANNOTATIONS
Cross references.
— For medical assistance programs generally,
see
27-2-12 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Welfare Laws §§ 4, 32, 38 to 41, 87, 88, 105.
Medical or surgical services rendered to poor person in emergency, without express authority, liability of governmental agency for, 93 A.L.R. 900.
Nature of care contemplated by statute imposing general duty to care for indigent relatives, 92 A.L.R.2d 348.
Limitation on right of chiropractors and osteopathic physicians to participate in public medical welfare programs, 8 A.L.R.4th 1056.
81 C.J.S. Social Security and Public Welfare §§ 102, 122, 128, 133.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-9.1 - Administration of shelter care supplement.

A. A shelter care supplement shall be provided to those individuals who are recipients of supplemental security income under Title 16 of the federal Social Security Act and who reside in shelter care homes licensed pursuant to regulations of the health and environment department [department of health].
B. The human services department [health care authority department] is authorized to determine eligibility, compute payment, make payments and otherwise administer the shelter care supplement program.
C. The amount of the shelter care supplement payment shall be established by the secretary of human services subject to the availability of general funds.
History:
Laws 1979, ch. 401, § 1; 1983, ch. 174, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department, and enacted a new 9-7-4 NMSA 1978, creating the department of health.
Cross references.
— For Title 16 of the federal Social Security Act,
see
42 U.S.C. § 1381 et seq.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-11 - Scope of assistance programs.

Any public assistance program conducted by the department under the federal act is effective in all political subdivisions if the federal act so requires.
History:
1953 Comp., § 13-17-14, enacted by Laws 1973, ch. 376, § 15.
ANNOTATIONS
Cross references.
— For meaning of "federal act",
see
27-2-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 330, § 1, repealed 27-2-12.1 NMSA 1978, enacted by Laws 1978, ch. 94, § 1, relating to medicaid institutional care computation.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.2 - Medical assistance program; eligibility of married individuals.

For the purpose of determining medical assistance for institutional care program eligibility under the Public Assistance Act, the community spouse resource allowance for a community spouse as defined and authorized by the federal Medicare Catastrophic Coverage Act of 1988 shall be a minimum of thirty thousand dollars ($30,000).
History:
Laws 1987, ch. 16, § 1; 1989, ch. 74, § 1.
ANNOTATIONS
Cross references.
— For the federal Medicare Catastrophic Coverage Act of 1988 (Public Law 100-360),
see
Titles 26 and 42 of the United States Code.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.3 - Medicaid reimbursement; equal pay for equal physicians', dentists', optometrists', podiatrists' and psychologists' services.

The human services department [health care authority department] shall establish a rate for the reimbursement of physicians, dentists, optometrists, podiatrists and psychologists for services rendered to medicaid patients that provides equal reimbursement for the same or similar services rendered without respect to the date on which such physician, dentist, optometrist, podiatrist or psychologist entered into practice in New Mexico, the date on which the physician, dentist, optometrist, podiatrist or psychologist entered into an agreement or contract to provide such services or the location in which such services are to be provided in the state; provided, however, that the requirements of this section shall not apply when the human services department [health care authority department] contracts with entities pursuant to Section 27-2-12.6 NMSA 1978 to negotiate a rate for the reimbursement for services rendered to medicaid patients in the medicaid managed care system.
History:
1978 Comp., § 27-2-12.2, enacted by Laws 1987, ch. 269, § 1; 1996, ch. 70, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Cross references.
— For the Medicaid Fraud Act,
see
Chapter 30, Article 44 NMSA 1978.
The 1996 amendment,
effective May 15, 1996, added the provisio at the end of the section.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.5 - Medicaid-certified nursing facilities; retroactive eligibility; refunds; penalty.

A. Medicaid payment for a medicaid-eligible patient shall be accepted by a medicaid-certified nursing facility from the first month of medicaid eligibility, regardless of whether the eligibility is retroactive. The nursing facility shall refund to the patient or responsible party all out-of-pocket money except for required medical-care credits paid to the nursing facility for that patient's care on and after the date of medicaid eligibility for services covered by the medicaid program. Within thirty days after notification by the human services department [health care authority department] of the patient's medicaid eligibility, the nursing facility shall make any necessary refund to the patient or responsible party required under this section.
B. In any cause of action brought against a nursing facility because of its failure to make a refund to the patient or responsible party as required under Subsection A of this section, the patient or responsible party may be awarded triple the amount of the money not refunded or three hundred dollars ($300), whichever is greater, and reasonable attorneys' fees and court costs.
History:
Laws 1989, ch. 83, § 1; 1991, ch. 211, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 1991 amendment,
effective June 14, 1991, added "Penalty" in the section heading; designated the formerly undesignated provision as Subsection A; and added Subsection B.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.6 - Medicaid payments; managed care.

A. The department shall provide for a statewide, managed care system to provide cost-efficient, preventive, primary and acute care for medicaid recipients by July 1, 1995.
B. The managed care system shall ensure:
(1) access to medically necessary services, particularly for medicaid recipients with chronic health problems;
(2) to the extent practicable, maintenance of the rural primary care delivery infrastructure;
(3) that the department's approach is consistent with national and state health care reform principles; and
(4) to the maximum extent possible, that medicaid-eligible individuals are not identified as such except as necessary for billing purposes.
C. The department may exclude nursing homes, intermediate care facilities for individuals with developmental or intellectual disabilities, medicaid in-home and community-based waiver services and residential and community-based mental health services for children with serious emotional disorders from the provisions of this section.
History:
Laws 1994, ch. 62, § 22; 2023, ch. 113, § 4.
ANNOTATIONS
Cross references.
— For Money Follows the Person in New Mexico Act,
see
27-15-1 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, updated a term relating to developmental and intellectual disabilities; and in Subsection C, deleted "mentally retarded" and added "individuals with developmental or intellectual disabilities".
Subsection B of Section 27-1-16 does not apply to New Mexico's managed health care system or managed care organizations.
Starko, Inc. v. N.M. Human Servs. Dep't
, 2014-NMSC-033,
rev'g
2012-NMCA-053, 276 P.3d 252.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.8 - Mammograms for medicaid recipients.

In providing coverage for mammograms under the medicaid program, the department shall ensure that:
A. patients will not be routinely solicited for mammograms; and that mammograms will only be performed based on nationally recognized standards; and
B. any fee for service payment that shall be made on behalf of the medicaid program for a mammogram of a medicaid recipient shall be consistent with and not exceed the usual and customary charge that reflects the reasonable fair market value of the cost of a mammogram.
History:
Laws 1997, ch. 264, § 1.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.9 - Medicaid; personal spending allowances; increases.

For fiscal year 2001, the medicaid personal spending allowance shall be forty-five dollars ($45.00) per month for each eligible recipient. Thereafter, the medicaid personal spending allowance shall be increased at the beginning of each fiscal year by the annual percentage increase in the consumer price index for all urban consumers for all items for the preceding calendar year.
History:
Laws 2000, ch. 9, § 1.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.10 - Clinical nurse specialists.

The department shall recognize clinical nurse specialists as mid-level providers in the medicaid program provided that the clinical nurse specialists comply with the requirements for licensure pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978] and that the services provided by the clinical nurse specialists are covered and reimbursable in accordance with Title 19 or Title 21 of the federal act.
History:
Laws 2001, ch. 304, § 1.
ANNOTATIONS
Compiler's notes.
— Titles 19 and 21 of the federal act, referred to at the end of the section, are Titles 19 and 21 of the Social Security Act, codified as 42 U.S.C.S. § 1396 et seq. and 42 U.S.C.S. § 1397 et seq., respectively.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.11 - Prescription drug waiver program; purpose; eligibility.

Subject to the availability of state funds and consistent with the federal Social Security Act, the human services department [health care authority department] shall create a medicaid waiver program and may by regulation provide prescription drugs to persons whose incomes are less than one hundred eighty-five percent of the federal poverty level and who:
A. are sixty-five years of age or older; or
B. have been determined to be disabled under the criteria established under the federal social security administration's disability determination rules as applied by the department.
History:
Laws 2003, ch. 34, § 1 and by Laws 2003, ch. 278, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Cross references.
— For the federal Social Security Act,
see
7 U.S.C. § 301 et seq.
Compiler's notes.
— Laws 2003, ch. 34, § 1 and Laws 2003, ch. 278, § 1 enacted identical new sections, both effective June 20, 2003.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.12 - Human services department [health care authority department]; managed care contract credentialing provisions.

The human services department [health care authority department] shall negotiate with medicaid contractors to ensure that the contractors' credentialing requirements are coordinated with other credentialing processes required of individual providers.
History:
Laws 2003, ch. 235, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Effective dates.
— Laws 2003, ch. 235 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
Legislative findings.
— Laws 2003, ch. 235, § 1, effective June 20, 2003, provided: "The legislature finds that licensed professionals in New Mexico, particularly those in the health care field are severely burdened by multiple layers of mandatory credentialing obligations, costing them, their patients and third-party payers needless expense and wasted time. Further, the legislature notes that New Mexico's health care licensure provisions may be contributing to harmful delays in access to health care throughout the state, particularly in areas with acute professional shortages. The legislature believes that efforts begun pursuant to House Joint Memorial 61 of the second session of the forty-fifth legislature and the continued cooperation among respective licensing boards, the regulation and licensing department, various statewide professional associations and societies, insurers and national accrediting and standard setting organizations will produce a system satisfactory to all concerned while maintaining the primary goal of ensuring the health and safety of New Mexico residents".
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-12.14 - Brain injury; services authorized.

Subject to the availability of state funds and consistent with Title 19 of the federal Social Security Act, the department shall provide services to persons with brain injuries, with emphasis on long-term disability services provided through home- and community-based programs.
History:
Laws 2005, ch. 243, § 1.
ANNOTATIONS
Cross reference.
— For Title 19 of the Social Security Act,
see
42 USC Sections 1901
et seq
.
Effective dates.
— Laws ch. 243, § 3 made the act effective April 6, 2005.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.