reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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
ANNOTATIONS
Effective 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.
2023 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
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 182, § 7 contained an emergency clause and was approved April 3, 2019.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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 61, Article 6 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.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, after "Medical Practice Act", deleted "or the Osteopathic Medicine Act".
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Cross references.
— For the federal Food Stamp Act,
see
7 U.S.C. § 2011 et seq.
2023 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-18 to 27-2-20 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Compiler'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.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-22 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-29 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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 [health care authority 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 [health care authority 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 [health care authority 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.
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.
Emergency clauses.
— Laws 2010, ch. 80, § 21 contained an emergency clause and was approved March 8, 2010.
2023 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.
2023 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 [health care authority 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it 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 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 [health care authority department].
See
27-1-1 NMSA 1978.
2023 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.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-33 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Compiler's notes.
— The words "this act" refer to Laws 1937, ch. 18.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2 - Public Assistance Act › Section 27-2-35 to 27-2-40 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
2023 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.
2023 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 [health care authority 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.
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 department of health and environment, and enacted a new 9-7-4 NMSA 1978, creating the department of health.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For Title XIX of the federal Social Security Act,
see
42 U.S.C. § 1396 et seq.
2023 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 [health care authority 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.
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 Title XIX of the federal Social Security Act,
see
42 U.S.C. § 1396 et seq.
2023 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 individuals with developmental or intellectual disabilities 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 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 27-2-12.17 NMSA 1978 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; 2023, ch. 113, § 5.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, updated terms relating to developmental and intellectual disabilities, and updated statutory references; in Subsection A, Paragraph A(1), deleted "the mentally retarded" and added "individuals with developmental or intellectual disabilities"; and in Subsection B, deleted "2 of this 2013 act" and added "27-2-12.17 NMSA 1978".
The 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.
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2A - Medicaid Estate Recovery › Section 27-2A-7 - Restrictions on recovery from estates.

Any recovery from an estate may be made only after the death of the decedent's surviving spouse, if any, and only at a time when the decedent has no surviving child who is less than twenty-one years of age or is blind or disabled as defined in 42 U.S.C. 1383C.
History:
Laws 1994, ch. 87, § 7.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2A - Medicaid Estate Recovery › Section 27-2A-9 - Department exempt from bond requirement for personal representative.

If the department seeks appointment as a personal representative of a decedent to enforce its rights as a creditor of the decedent pursuant to the provisions of the Medicaid Estate Recovery Act, it is exempt from any requirement for posting a bond.
History:
Laws 1994, ch. 87, § 9.
ANNOTATIONS
Cross references.
— For personal representative bond requirements,
see
45-3-603 NMSA 1978.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-1 - Short title.

Chapter 27, Article 2B NMSA 1978 may be cited as the "New Mexico Works Act".
History:
Laws 1998, ch. 8, § 1; 1998, ch. 9, § 1; 2009, ch. 186, § 1.
ANNOTATIONS
Cross references.
— For liability for repayment of public assistance,
see
27-2-28 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, changed the reference to the act to the chapter and article of NMSA 1978.
Applicability.
— Laws 2009, ch. 186, § 7 provided that the provisions of Laws 2009, ch. 186 apply beginning August 1, 2009.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-2 - Legislative findings; purpose of act.

A. The legislature finds that:
(1) the poverty rate in New Mexico is the highest in the nation and has exceeded more than twenty percent of the population for most of the past twenty-five years;
(2) having a job does not provide a guarantee of avoiding poverty as demonstrated by the high percentage of persons in the civilian labor force over sixteen years of age with reported incomes in 1989 that were below the poverty level; and
(3) the diversity of the state, with its residents living in rural and metropolitan areas, reservations and border areas, requires the state to adjust state policies governing economic and social programs for the poor and the working poor to reflect the particular needs of particular locales, not just to create a generic one-size-fits-all program.
B. The legislature finds that education and training are essential to long-term career development.
C. The legislature finds that employment improves the quality of life for parents and children by increasing family income, developing the discipline necessary for self-sufficiency and improving self-esteem, and thus, it is in the public interest to fundamentally alter the state's financial assistance program for needy families with children so both cash and services, including education, job training, child care and transportation provided in accordance with the New Mexico Works Act assist recipients to obtain and keep employment that is sufficient to sustain their families, ensure the dignity of those who receive assistance and strengthen families and families' support for their children.
D. The legislature finds that although most New Mexicans want to work, and in fact New Mexico has been cited as a "like to work" state, not all families can move quickly into the labor force and that regular assessments and key intervention and follow-up can help persons connect to the work force to obtain meaningful work and achieve self-sufficiency.
E. The legislature further finds that the federal act envisions that state and tribal governments will work together to serve participants residing in Indian country, and it is important that the state and the tribal governments work, government to government, to address the issues of availability and delivery of service to the twenty-two tribes and pueblos.
F. The purpose of the New Mexico Works Act is to increase family income through family employment and child support and, by viewing financial assistance as a support service to enable and assist parents to participate in employment rather than as an entitlement, to enable New Mexico to change the culture of the welfare office, both on the part of the department and on the part of the recipients, so that all parties can focus on addressing the barriers to participation in work activities and putting New Mexicans to work.
History:
Laws 1998, ch. 8, § 2 and Laws 1998, ch. 9, § 2.
ANNOTATIONS
Duplicate laws.
— Laws 1998, ch. 8, § 2 and Laws 1998, ch. 9, § 2 enacted identical new sections.