reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-5.1 - Work activities; workers' compensation coverage.

A. For the purposes of the Workers' Compensation Act [52-1-1 NMSA 1978]:
(1) cash assistance and services paid to participants engaged in any work activity described in Section 27-2B-5 NMSA 1978 shall not be considered wages and shall not be deemed to create an employer-employee or co-employer-employee relationship between the participant and the state; and
(2) payment of a wage subsidy to an employer of a participant shall not be deemed to be payment of wages by the state and shall not be deemed to create an employer-employee or co-employer-employee relationship between the participant and the state.
B. Workers' compensation claims by participants shall be separately recorded and maintained in the calculation of the experience modification factor used to calculate premiums for the participating employer so that the experience modification factor attributable to claims by participants can be separated from the remainder of the employer's experience modification factor.
C. The separately calculated experience modification factor for the first year of employment of each participant shall not be considered as part of the experience modification factor of any employer. The superintendent of insurance shall promulgate rules to implement this section.
D. The department shall ensure that participants undergo safety training prior to employment.
E. Participants in an unpaid work activity described in Section 27-2B-5 NMSA 1978 shall be considered trainees and shall not be eligible for workers' compensation benefits.
History:
Laws 1999, ch. 181, § 2.
ANNOTATIONS
Compiler's note.
— Sections 27-2B-5.1 and 27-2B-5.2 NMSA 1978 were enacted as new sections of the New Mexico Works Act.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-5.2 - Work program; public schools.

The department and the state department of public education may establish a work program for participants to engage in a work activity pursuant to Subsection A of Section 27-2B-5 NMSA 1978 at public schools.
History:
Laws 1999, ch. 27, § 1.
ANNOTATIONS
Compiler's note.
— Sections 27-2B-5.1 and 27-2B-5.2 NMSA 1978 were enacted as new sections of the New Mexico Works Act.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-7.1 - Repealed.

History:
Laws 2003, ch. 160, § 1; repealed by Laws 2007, ch. 350, § 11.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 350, § 11 repealed 27-2B-7.1 NMSA 1978, as enacted by Laws 2003, ch. 160, § 1, providing for the use of head start funds, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-8 - Resources.

A. Liquid and nonliquid resources owned by the benefit group shall be counted in the eligibility determination.
B. A benefit group may at a maximum own the following resources:
(1) two thousand dollars ($2,000) in nonliquid resources;
(2) one thousand five hundred dollars ($1,500) in liquid resources, excluding funds deposited in an individual development account established pursuant to the Individual Development Account Act or a qualified tuition program, as defined in Section 529 of the Internal Revenue Code of 1986;
(3) the value of the principal residence of the participant;
(4) the value of burial plots and funeral contracts for family members; and
(5) the value of work-related equipment up to one thousand dollars ($1,000).
C. Vehicles owned by the benefit group shall not be considered in the determination of resources attributed to the benefit group.
History:
Laws 1998, ch. 8, § 8 and Laws 1998, ch. 9, § 8; 2001, ch. 295, § 5; 2001, ch. 326, § 5; 2003, ch. 311, § 4; 2003, ch. 432, § 4; 2006, ch. 96, § 15; 2007, ch. 349, § 15; 2019, ch. 225, § 1.
ANNOTATIONS
Cross references.
— For Section 529 of the Internal Revenue Code of 1986,
see
26 U.S.C. § 529.
The 2019 amendment,
effective January 1, 2020, provided that funds in an individual development account shall not be considered in eligibility calculations for benefits; in Subsection B, Paragraph B(2), after "liquid resources", added "excluding funds deposited in an individual development account established pursuant to the Individual Development Account Act or a qualified tuition program, as defined in Section 529 of the Internal Revenue Code of 1986", and deleted former Paragraph B(5) and redesignated former Paragraph B(6) as Paragraph B(5).
The 2007 amendment,
effective July 1, 2007, changed "family opportunity account" to "individual development account".
The 2006 amendment,
effective July 1, 2006, in Paragraph (5) of Subsection B, changed "individual development account" to "family opportunity account".
The 2003 amendment,
effective April 10, 2003, deleted former Paragraphs B(7) and (8), concerning the maximum allowable resources in areas without and with public transportation, and added Subsection C.
The 2001 amendment,
effective June 15, 2001, deleted "household group but not by the" preceding "benefit group" and deleted "not" following "shall" in Subsection A.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-9 - Mandatory school attendance.

If a minor member of a benefit group has three unexcused absences from school during a grading period, his parent shall notify the department of the absences within fourteen days. The department may impose a sanction on the benefit group that reduces the cash assistance by the amount the minor member would otherwise receive only after the department refers the minor member to the appropriate state agency, counselor or community program for appropriate resolution of the attendance problem. The department shall not consider participation in cultural and religious activities an unexcused absence, as long as the student has parental consent.
History:
Laws 1998, ch. 8, § 9 and Laws 1998, ch. 9, § 9.
ANNOTATIONS
Duplicate laws.
— Laws 1998, ch. 8, § 9 and Laws 1998, ch. 9, § 9 enacted identical new sections.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-10 - Individual development accounts.

A participant may establish an individual development account pursuant to the Individual Development Account Act [58-30-1 NMSA 1978].
History:
Laws 1998, ch. 8, § 10 and Laws 1998, ch. 9, § 10; 2003, ch. 362, § 14; 2006, ch. 96, § 16; 2007, ch. 349, § 16.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changes the title of the act and changes "family opportunity account" to "individual development account".
The 2006 amendment,
effective July 1, 2006, changes "individual development account" to "family opportunity account" and "Individual Development Account Act" to "Family Opportunity Accounts Act".
The 2003 amendment,
effective July 1, 2003, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-12 - Services.

Subject to the availability of federal and state funds, a benefit group that is not receiving cash assistance but has an income less than one hundred percent of the federal poverty guidelines may be eligible to receive services.
History:
Laws 1998, ch. 8, § 12 and Laws 1998, ch. 9, § 12; 1999, ch. 273, § 3.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, substituted "benefit group that is" for "group of people that includes at least one dependent child living with a parent, legal guardian or relative within the fifth degree of consanguinity or a pregnant woman who is".
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-14 - Sanctions.

A. The department shall sanction a member of a benefit group for noncompliance with work requirements or child support requirements.
B. The sanction shall be applied at the following levels:
(1) twenty-five percent reduction of cash assistance for the first occurrence of noncompliance;
(2) fifty percent reduction of cash assistance for the second occurrence of noncompliance; and
(3) termination of cash assistance and ineligibility to reapply for six months for the third occurrence of noncompliance.
C. Prior to imposing the first sanction, if the department determines that a participant is not complying with the work participation requirement or child support requirements, the participant shall be required to enter into a conciliation process established by the department to address the noncompliance and to identify good cause for noncompliance or barriers to compliance. The conciliation process shall occur only once prior to the imposition of the sanction. The participant shall have ten working days from the date a conciliation notice is mailed to contact the department to initiate the conciliation process. A participant who fails to initiate the conciliation process shall have a notice of adverse action mailed to him after the tenth working day following the date on which the conciliation notice is mailed. Participants who begin but do not complete the conciliation process shall be mailed a notice of adverse action thirty days from the date the original conciliation notice was mailed.
D. Reestablishing compliance shall allow full payment to resume.
E. Noncompliance with reporting requirements may subject a participant to other sanctions, except that an adult member of the benefit group shall not be sanctioned for the failure of a dependent child to attend school.
F. Effective October 1, 2001, the department shall not terminate the medicaid benefits of any member of a benefit group due to imposition of a sanction pursuant to the provisions of this section.
History:
Laws 1998, ch. 8, § 14 and Laws 1998, ch. 9, § 14; 2001, ch. 295, § 7; 2001, ch. 326, § 7; 2003, ch. 311, § 5; 2003, ch. 432, § 5.
ANNOTATIONS
2003 amendments.
— Identical amendments to this section were enacted by Laws 2003, ch. 311, § 5, effective April 8, 2003, and Laws 2003, ch. 432, § 5, effective April 10, 2003, that added the exception in Subsection E. The section was set out as amended by Laws 2003, ch. 432, § 5.
See
12-1-8 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, in Subsection A, substituted "a member of a benefit group" for "member of the benefit group" and substituted "or" for "and" preceding "child support requirements"; in Subsection C, inserted "established by the department" and "or barriers to compliance" in the first sentence, deleted the former third sentence concerning failure to participate after notice and added the last two sentences; substituted "shall" for "will" in Subsection D; deleted former Subsection E concerning notice of action; redesignated former Subsection F as E; and added current Subsection F.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-15 - Medicaid eligibility.

A. The following are eligible for medicaid:
(1) a participant who is in transition to self-sufficiency due to employment or child support;
(2) a pregnant woman who meets the income and resource requirements for New Mexico's aid to families with dependent children as they existed on July 16, 1996;
(3) a member of a benefit group who is eighteen years of age or younger if the benefit group's income is below one hundred eighty-five percent of the federal poverty guidelines;
(4) a pregnant woman whose income is below one hundred eighty-five percent of the federal poverty guidelines;
(5) participants receiving federal supplemental security income;
(6) an aged, blind or disabled person in an institution who meets all the supplemental security income standards except for income;
(7) a person who meets all standards for institutional care but is cared for at home and meets eligibility standards for medicaid;
(8) a qualified medicare beneficiary, qualified disabled working person or specified low-income medicare beneficiary; and
(9) a foster child in the custody of the state or of an Indian pueblo, tribe or nation who meets eligibility standards for medicare.
B. Effective October 1, 2001, for the medicaid category designated "JUL medicaid" by the department, the income eligibility criteria shall be the same as the income eligibility criteria set forth in the New Mexico Works Act [27-2B-1 to 27-2B-20 NMSA 1978].
History:
Laws 1998, ch. 8, § 15 and Laws 1998, ch. 9, § 15; 2001, ch. 295, § 8; 2001, ch. 326, § 8.
ANNOTATIONS
2001 amendments.
— Identical amendments to this section were enacted by Laws 2001, ch. 295, § 8 and Laws 2001, ch. 326, § 8, effective June 15, 2001, that deleted former Subsection A describing a benefit group; redesignated the former preliminary language as current Subsection A; redesignated the former Subsections B to J as Paragraphs 1 to 9; and added Subsection B. The section was set out as amended by Laws 2001, ch. 326, § 8.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-16 - Immigrant eligibility.

An immigrant may be eligible to receive cash assistance and services if the immigrant is:
A. from one of the classes of immigrants defined in the federal act who entered the United States prior to August 22, 1996; or
B. a qualified immigrant as defined in the federal act who entered the United States after August 22, 1996.
History:
Laws 1998, ch. 8, § 16 and Laws 1998, ch. 9, § 16.
ANNOTATIONS
Cross references.
— For meaning of "federal act",
see
27-2B-3 NMSA 1978.
Duplicate laws.
— Laws 1998, ch. 8, § 16 and Laws 1998, ch. 9, § 16 enacted identical new sections.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-17 - Records; confidentiality.

A. Pursuant to the federal act, the department shall establish and enforce rules governing the custody, use and preservation of the records, papers, files and communications to restrict the use or disclosure of information contained in those documents concerning participants.
B. It is unlawful for a person, body, association, firm, corporation or other agency outside the department to solicit, disclose, receive or make use of or authorize, knowingly permit, participate in or acquiesce in the use of a name or list of names of participants for commercial or political purposes.
C. A person, body, association, firm, corporation or other agency that willfully or knowingly violates a provision of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for a definite term not to exceed sixty days or both.
History:
Laws 1998, ch. 8, § 17 and Laws 1998, ch. 9, § 17.
ANNOTATIONS
Cross references.
— For meaning of "federal act",
see
27-2B-3 NMSA 1978.
Duplicate laws.
— Laws 1998, ch. 8, § 17 and Laws 1998, ch. 9, § 17 enacted identical new sections.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-18 - Certification.

The governor shall make the certifications mandated by the federal act.
History:
Laws 1998, ch. 8, § 18 and Laws 1998, ch. 9, § 18.
ANNOTATIONS
Cross references.
— For meaning of "federal act",
see
27-2B-3 NMSA 1978.
Duplicate laws.
— Laws 1998, ch. 8, § 18 and Laws 1998, ch. 9, § 18 enacted identical new sections.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2B - New Mexico Works Act › Section 27-2B-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 151 § 1 repealed 27-2B-20 NMSA 1978, as enacted by Laws 1998, ch. 8, § 20 and Laws 1998, ch. 9, § 20, relating to child support trusts, effective June 18, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2C - Pharmaceutical Supplemental Rebate › Section 27-2C-1 - Short title.

This act [27-2C-1 to 27-2C-8 NMSA 1978] may be cited as the "Pharmaceutical Supplemental Rebate Act".
History:
Laws 2002, ch. 105, § 1.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 105, § 9 made the act effective July 1, 2002.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2C - Pharmaceutical Supplemental Rebate › Section 27-2C-2 - Definitions.

As used in the Pharmaceutical Supplemental Rebate Act:
A. "department" means the human services department [health care authority department];
B. "labeler" means a person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale, and that has a labeler code from the federal food and drug administration;
C. "manufacturer" means a manufacturer of prescription drugs as defined in 42 U.S.C. 1396r-8(k)(5), including a subsidiary or affiliate of a manufacturer;
D. "medicaid" means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act;
E. "participating retail pharmacy" means a retail pharmacy or other business licensed to dispense prescription drugs that participates in the state medicaid program;
F. "secretary" means the secretary of human services; and
G. "wholesaler" means a business licensed to distribute prescription drugs in the state.
History:
Laws 2002, ch. 105, § 2.
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 2002, ch. 105, § 9 made the act effective July 1, 2002.
Cross references.
— For Titles XIX and XXI of the Social Security Act,
see
42 U.S.C.S. §§ 1396 et seq. and 1397 et seq., respectively.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2C - Pharmaceutical Supplemental Rebate › Section 27-2C-3 - Medicaid formulary for prescription drugs.

A. The department shall develop or implement a formulary or preferred drug list, taking into consideration the clinical efficacy, safety and cost effectiveness of a product.
B. The department shall ensure that the administration or delivery of health care services and products under the medicaid program includes a formulary that will provide medically appropriate drug therapies for patients.
C. The department shall require a prior authorization before a drug not listed on the medicaid program formulary may be dispensed unless otherwise provided pursuant to Subsection C of Section 27-2C-4 NMSA 1978.
D. The department shall ensure that atypical antipsychotic medications are available in the same manner as conventional antipsychotic medications for medicaid patients for the treatment of severe mental illnesses that are listed in a current national diagnostic and statistical manual of mental disorders published by a national psychiatric association, including schizophrenia, clinical depression, bipolar disorder, anxiety-panic attack disorder and obsessive compulsive disorder.
History:
Laws 2002, ch. 105, § 3; 2003, ch. 344, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, added Subsection D.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2C - Pharmaceutical Supplemental Rebate › Section 27-2C-4 - Negotiated drug discounts and rebates.

A. The secretary shall negotiate discount prices or rebates for prescription drugs from drug manufacturers and labelers that include supplemental rebates for the medicaid program over and above those required under 42 U.S.C. 1396r-8.
B. In negotiating rebate terms, the secretary shall consider the rebate calculated under the medicaid rebate program pursuant to 42 U.S.C. 1396r-8, the price provided to eligible entities under 42 U.S.C. 256b and other available information on prescription drug prices, discounts and rebates.
C. The secretary shall prompt a review of whether to place a manufacturer's or labeler's products on the prior authorization list for the medicaid program if:
(1) the secretary and a drug manufacturer or labeler fail to reach agreement on the terms of a supplemental medicaid rebate or discount; and
(2) the discounts or rebates offered by the manufacturer or labeler are not as favorable to the state as the prices provided to eligible entities under 42 U.S.C. 256b.
D. Any prior authorization shall meet the requirements of 42 U.S.C. 1396r-8(d)(5) and be done in accordance with the Public Assistance Act [27-2-1 NMSA 1978] or department rules.
E. The names of manufacturers and labelers that do not enter into rebate agreements are public information, and the department shall release this information to the public and actively distribute it to physicians, pharmacists and other health care professionals.
History:
Laws 2002, ch. 105, § 4.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 105, § 9 made the act effective July 1, 2002.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2C - Pharmaceutical Supplemental Rebate › Section 27-2C-5 - Reporting.

The department shall report the savings from the pharmaceutical supplemental rebates for the preceding fiscal year to the legislative health and human services committee by November 1 of each year.
History:
Laws 2002, ch. 105, § 5.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 105, § 9 made the act effective July 1, 2002.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2C - Pharmaceutical Supplemental Rebate › Section 27-2C-6 - Coordination with other programs.

When the secretary finds that it is beneficial to the medicaid program and another state program to combine drug pricing negotiations to maximize drug rebates, the secretary may do so.
History:
Laws 2002, ch. 105, § 6.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 105, § 9 made the act effective July 1, 2002.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2C - Pharmaceutical Supplemental Rebate › Section 27-2C-7 - Rulemaking.

The department shall adopt rules to implement the provisions of the Pharmaceutical Supplemental Rebate Act [27-2C-1 NMSA 1978].
History:
Laws 2002, ch. 105, § 7.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 105, § 9 made the act effective July 1, 2002.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2C - Pharmaceutical Supplemental Rebate › Section 27-2C-8 - Waivers.

The department shall seek any waivers of federal law or rule necessary to implement the provisions of the Pharmaceutical Supplemental Rebate Act [27-2C-1 NMSA 1978].
History:
Laws 2002, ch. 105, § 8.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 105, § 9 made the act effective July 1, 2002.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2D - Education Works › Section 27-2D-1 - Short title.

Chapter 27, Article 2D NMSA 1978 may be cited as the "Education Works Act".
History:
Laws 2003, ch. 317, § 1; 2009, ch. 186, § 4.
ANNOTATIONS
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 2D - Education Works › Section 27-2D-4 - Education works program; eligibility; restrictions; requirements.

A. A person is eligible to receive education works services or cash assistance if the person demonstrates that:
(1) the person has been accepted or has been determined to be eligible to enroll in a two- or four-year post-secondary or graduate or post-graduate degree program; and
(2) the degree the person will receive will increase the person's ability to engage in full-time paid employment.
B. A recipient shall not receive cash assistance funded by the temporary assistance for needy families block grant during the period in which the recipient is receiving cash assistance pursuant to the Education Works Act.
C. A recipient shall apply for all financial aid available from the post-secondary, graduate or post-graduate educational institution that the recipient attends.
D. During the twenty-four months of participation in the education works program, a recipient shall engage in at least twenty hours per week of class time, studying, work, work-study or volunteering. The department shall assume that a recipient spends one and one-half hours studying for every hour of class time.
E. A recipient may participate in the education works program for no more than twenty-four months, except that a recipient may participate in the education works program for one additional academic term following the twenty-four-month participation limit, or for two additional academic terms following the twenty-four-month participation limit at the discretion of the director, if doing so will result in the recipient earning a degree.
F. The number of recipients enrolled in the education works program is limited to the number of recipients who can be served by the funds available.
G. For purposes of this section, "work" means work-study, training-related practicums, internships, paid employment, volunteering or any other activity approved by the department.
History:
Laws 2003, ch. 317, § 4; 2005, ch. 265, § 1; 2006, ch. 84, § 1.
ANNOTATIONS
The 2006 amendment,
effective May 17, 2006, deleted Paragraph (1) of Subsection A, which provided that a person must demonstrate at the time of application the person does not have a bachelor's degree; provided in Paragraph (1) (formerly Paragraph (2)) of Subsection A that the person has been accepted or is eligible to enroll in a graduate or post-graduate program; provided in Subsection C that a recipient shall apply for aid from the graduate or post-graduate institution; and deleted from Subsection G the requirement that a recipient may earn only one degree through the education works program.
The 2005 amendment,
effective June 17, 2005, provided in Subsection E that a recipient may participate in the education works program for two additional academic terms following the twenty-four month participation limit at the discretion of the director.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2D - Education Works › Section 27-2D-6 - Resources.

A. Liquid and nonliquid resources owned by the benefit group shall be counted in the eligibility determination.
B. A benefit group may at a maximum own the following resources:
(1) two thousand dollars ($2,000) in nonliquid resources;
(2) one thousand five hundred dollars ($1,500) in liquid resources, excluding funds deposited in an individual development account established pursuant to the Individual Development Account Act or a qualified tuition program, as defined in Section 529 of the Internal Revenue Code of 1986;
(3) the value of the principal residence of the participant;
(4) the value of burial plots and funeral contracts for family members; and
(5) the value of work-related equipment up to one thousand dollars ($1,000).
C. Vehicles owned by the benefit group shall not be considered in the determination of resources attributed to the benefit group.
History:
Laws 2003, ch. 317, § 6; 2006, ch. 96, § 17; 2007, ch. 349, § 17; 2019, ch. 225, § 2.
ANNOTATIONS
Cross references.
— For Section 529 of the Internal Revenue Code of 1986,
see
26 U.S.C. § 529.
The 2019 amendment,
effective January 1, 2020, provided that funds in an individual development account shall not be considered in eligibility calculations for benefits; in Subsection B, Paragraph B(2), after "liquid resources", added "excluding funds deposited in an individual development account established pursuant to the Individual Development Account Act or a qualified tuition program, as defined in Section 529 of the Internal Revenue Code of 1986", and deleted former Paragraph B(5) and redesignated former Paragraph B(6) as Paragraph B(5).
The 2007 amendment,
effective July 1, 2007, changed "family opportunity account" to "individual development account".
The 2006 amendment,
effective July 1, 2006, in Paragraph (5) of Subsection B, changed "individual development account" to "family opportunity account".
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2D - Education Works › Section 27-2D-9 - Satisfactory participation.

A. To maintain satisfactory participation in the education works program, a recipient shall be a full-time student as defined by the school that the recipient attends.
B. A recipient may demonstrate good cause for failure to maintain satisfactory participation in the education works program, and must work with the department to address the barrier, in any month of participation for the following reasons:
(1) extended illness or injury of the recipient;
(2) the recipient is the primary caretaker for a special needs child or an ill or aging parent; or
(3) the recipient has been assessed to have a learning disability or a mental or physical health problem.
C. If a recipient falls below the academic standard of the school in one academic term, he shall be placed on probationary status for one academic term to improve his grades. If a recipient's overall grade point average falls below 2.0 based on a four-point system, the department shall place him on probation for a maximum of two academic terms to allow him to bring up his overall grade point average.
D. A recipient shall:
(1) attend classes as scheduled and participate as required by the standard of the school;
(2) report to the department a change that may affect the benefit group's eligibility for or anything that may affect the recipients ability to participate in the education works program;
(3) provide the department with copies of any financial aid award letters; and
(4) provide the department with copies of his grades as they become available.
E. If a recipient does not comply with Subsection C of this section or with the provisions of the Education Works Act, the department may require the recipient to apply for public assistance pursuant to the New Mexico Works Act [27-2B-1 NMSA 1978]. This decision shall be made in writing and the recipient shall have the opportunity to appeal the decision.
History:
Laws 2003, ch. 317, § 9.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 317, § 10 contained an emergency clause and was approved April 8, 2003.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2E - Prescription Drug Pricing › Section 27-2E-1 - Average manufacturer price; filing; reporting.

A. A person who manufactures a prescription drug, including a generic prescription drug, that is sold in New Mexico shall file with the human services department [health care authority department]:
(1) the average manufacturer price for the drug;
(2) the price that each wholesaler or pharmacy benefit manager doing business in this state pays the manufacturer to purchase the drug; and
(3) the price paid to the manufacturer by any entity in an arrangement or contract that sells or provides prescription drugs in New Mexico without the services of a wholesaler.
B. The information required under Subsection A of this section shall be filed annually or more frequently, as determined by the human services department [health care authority department]. The information required under Subsection A of this section is confidential and shall not be disclosed pursuant to Section 3 [27-2E-3 NMSA 1978] of this act and shall not be subject to public inspection pursuant to the provisions of Section 14-2-1 NMSA 1978.
C. A person who engages in the wholesale distribution of prescription drugs in New Mexico shall file with the human services department [health care authority department] information showing the actual price at which the wholesaler or distributor sells a particular drug to a pharmacy.
D. As used in this section, "average manufacturer price" means the average price paid to the manufacturer for the drug in New Mexico, including rebates, discounts and market incentives, after deducting customary prompt-pay discounts.
History:
Laws 2003, ch. 381, § 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.
Effective dates.
— Laws 2003, ch. 381, § 5 made this act effective January 1, 2004.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2E - Prescription Drug Pricing › Section 27-2E-2 - Unlawful disclosure; penalties.

A. It is unlawful for an employee, former employee, contractor or former contractor of the human services department [health care authority department] to reveal to another person, except to another employee or contractor of the department as required by the employee's or contractor's duties or responsibilities or by state or federal court order, information acquired pursuant to Section 1 [27-2E-1 NMSA 1978] of this act or any other information about a prescription drug manufacturer acquired as a result of his employment or contract by the department and not available from public sources.
B. An employee, former employee, contractor or former contractor of the human services department [health care authority department] who reveals to another person information that he is prohibited from lawfully revealing is guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000) or imprisoned not more than one year, or both, together with costs of prosecution, and shall not be employed by the state for a period of five years after the date of the conviction.
History:
Laws 2003, ch. 381, § 2.
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. 381, § 5 made this section effective January 1, 2004.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 2E - Prescription Drug Pricing › Section 27-2E-3 - Enforcement.

The office of the attorney general may take action to investigate and enforce the requirements of Sections 1 and 2 [27-2E-1 and 27-2E-2 NMSA 1978] of this act.
History:
Laws 2003, ch. 381, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 381, § 5 made this section effective January 1, 2004.
Severability.
— Laws 2003, ch. 381, § 4 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 3 - Public Assistance Appeals › Section 27-3-1 - Short title.

This act [27-3-1 to 27-3-4 NMSA 1978] may be cited as the "Public Assistance Appeals Act".
History:
1953 Comp., § 13-18-1, enacted by Laws 1973, ch. 256, § 1.
ANNOTATIONS
Law reviews.
— For article, "The Use of the Substantial Evidence Rule to Review Administrative Findings of Fact in New Mexico," see 10 N.M.L. Rev. 103 (1979-1980).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Propriety of telephone testimony or hearings in public welfare proceedings, 88 A.L.R.4th 1094.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 3 - Public Assistance Appeals › Section 27-3-2 - Definitions.

As used in the Public Assistance Appeals Act:
A. "department" means the income support division, the medical assistance division or the social services division of the human services department [health care authority department];
B. "board" means the income support division, the medical assistance division or the social services division of the human services department [health care authority department]; and
C. "director" means the director of the income support division, the medical assistance division or the social services division of the human services department [health care authority department].
History:
1953 Comp., § 13-18-2, enacted by Laws 1973, ch. 256, § 2; 1977, ch. 252, § 22; 1991, ch. 155, § 2.
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, inserted "the medical assistance division" in Subsections A and C and "the medical assistance division or the social services division" in Subsection B.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 3 - Public Assistance Appeals › Section 27-3-5 - [Expenditures for programs.]

Nothing in the Public Assistance Act [27-2-1 NMSA 1978] or the Fair Hearing Act shall be construed as authorizing or allowing expenditures for the affected programs in excess of the amounts previously appropriated by the legislature for such programs.
History:
Laws 1991, ch. 155, § 4.
ANNOTATIONS
Compiler's notes.
— The reference to the Fair Hearing Act appears to be a reference to the Public Assistance Appeals Act, 27-3-1 to 27-3-4 NMSA 1978, and specifically 27-3-3 NMSA 1978.
Durational limit on receipt of benefits.
— The human services department [health care authority department] had the implied authority to limit the receipt of general assistance to twelve continuous months by regulation.
Howell v. Heim
, 1994-NMSC-103, 118 N.M. 500, 882 P.2d 541, but
see
Weaver v. N.M. Human Servs. Dep't
, 1997-NMSC-039, 123 N.M. 705, 945 P.2d 70.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 4 - Special Medical Needs › Section 27-4-1 - Short title.

Sections 1 through 7 of this act [27-4-1 to 27-4-5 NMSA 1978] may be cited as the "Special Medical Needs Act".
History:
1953 Comp., § 13-15-1, enacted by Laws 1973, ch. 311, § 1.
ANNOTATIONS
Cross references.
— For public assistance generally,
see
Chapter 27, Article 2 NMSA 1978.
Law reviews.
— For note, "Medical Benefits Awarded to an Illegal Alien: Perez v. Health and Social Services," see 9 N.M.L. Rev. 89 (1978-79).
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 4 - Special Medical Needs › Section 27-4-2 - Definitions.

As used in the Special Medical Needs Act [27-4-1 NMSA 1978]:
A. "department" or "division" means the income support division of the human services department [health care authority department];
B. "board" means the division;
C. "aged person" means a person who has attained the age of sixty-five years and does not have a spouse financially able, according to regulations of the division, to furnish support;
D. "person with a disability" means a person who has attained the age of eighteen years and is determined to have a permanent and total disability, according to regulations of the division; and
E. "blind person" means a person who is determined to be blind according to regulations of the division.
History:
1953 Comp., § 13-15-2, enacted by Laws 1973, ch. 311, § 2; 1977, ch. 252, § 20; 2007, ch. 46, § 20.
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 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 4 - Special Medical Needs › Section 27-4-3 - Persons with special needs.

A. The division shall by regulation establish a program to provide essential medical care for persons who are elderly or blind or who have a disability and who are not eligible for public assistance under the Public Assistance Act [27-2-1 NMSA 1978] and who have a serious medical condition that will as a reasonable medical probability lead to death in the near future.
B. Such medical condition shall be certified by an individual licensed under state law to practice medicine or osteopathy. The medical care shall be reviewed and approved according to regulations of the division.
History:
1953 Comp., § 13-15-3, enacted by Laws 1973, ch. 311, § 3; 2007, ch. 46, § 21.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
Law reviews.
— For note, "Medical Benefits Awarded to an Illegal Alien: Perez v. Health and Social Services," see 9 N.M.L. Rev. 89 (1978-79).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Welfare Laws §§ 32 to 41.
81 C.J.S. Social Security and Public Welfare §§ 97, 102, 103, 126.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 4 - Special Medical Needs › Section 27-4-4 - Standard of need; income determination.

A. Standard of need for purposes of the Special Medical Needs Act [27-4-1 NMSA 1978] shall be determined in accordance with regulations adopted by the board.
B. 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., § 13-15-4, enacted by Laws 1973, ch. 311, § 4; 1975, ch. 187, § 1.
ANNOTATIONS
Community property principles should determine definition of income
under section, as property acquired during marriage by either husband or wife, or both, is presumed to be community property pursuant to Section 40-3-12A NMSA 1978.
Herrera v. Health & Soc. Servs.
, 1978-NMCA-118, 92 N.M. 331, 587 P.2d 1342, cert. denied, 92. N.M. 353, 588 P.2d 554.
Law reviews.
— For note, "Medical Benefits Awarded to an Illegal Alien: Perez v. Health and Social Services," see 9 N.M.L. Rev. 89 (1978-79).
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 4 - Special Medical Needs › Section 27-4-5 - Eligibility requirements.

A person is eligible for medical care under the Special Medical Needs Act [27-4-1 NMSA 1978] if:
A. pursuant to Section 27-4-4 NMSA 1978, the total amount of his nonexempt income is less than the applicable standard of need; and
B. nonexempt specific and total resources are less than the level of maximum permissible resources established by the board; and
C. he meets all qualifications for persons with special needs, pursuant to Section 27-4-3 NMSA 1978; and
D. within two years immediately prior to the filing of an application for assistance, he has not made an assignment or transfer of real property unless he has received a reasonable return for the real property; or, if he has not received such reasonable return, he is willing to attempt to obtain such return and, if such attempt proves futile, he is willing to attempt to regain title to the property; and
E. he is not an inmate of any public nonmedical institution at the time of receiving assistance; and
F. he is a resident of New Mexico.
History:
1953 Comp., § 13-15-5, enacted by Laws 1973, ch. 311, § 5; 1975, ch. 187, § 2.
ANNOTATIONS
Undocumented alien living in state is resident
and is entitled to the benefits of the Special Medical Needs Act, provided he meets the statutory eligibility requirements.
Perez v. Health & Soc. Servs.
, 1977-NMCA-140, 91 N.M. 334, 573 P.2d 689, cert. denied, 91 N.M. 491, 576 P.2d 297.
Law reviews.
— For note, "Medical Benefits Awarded to an Illegal Alien: Perez v. Health and Social Services," see 9 N.M.L. Rev. 89 (1978-79).
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-1 - Short title.

Chapter 27, Article 5 NMSA 1978 may be cited as the "Indigent Hospital and County Health Care Act".
History:
1953 Comp., § 13-2-12, enacted by Laws 1965, ch. 234, § 1; 1993, ch. 321, § 1.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "Chapter 27, Article 5 NMSA 1978" for "This act" and "and County Health Care" for "Claims".
Compiler's notes.
— Section 13-2-21, 1953 Comp., authorizing suit against a county on hospital claim with judgment to be collected through a levy, was held unconstitutional in Board of Dirs. of Mem. Gen. Hosp. v. County Indigent Hosp. Claims Bd., 77 N.M. 475, 423 P.2d 994 (1967). The court held that the provision was an unconstitutional attempt to circumvent N.M. Const., art. VIII, § 2 since such a judgment would not create a "public debt" and thus did not fall within exception to constitutional limitation on property tax levies.
See also
1968 Op. Att'y Gen. No. 68-107.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Welfare Laws §§ 38 to 41.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-4.1 - Repealed.

History:
1953 Comp., § 13-2-15.1, enacted by Laws 1978, ch. 123, § 2; repealed by Laws 2012, ch. 18, § 4.
ANNOTATIONS
Repeals.
— Laws 2012, ch. 18, § 4 repealed 27-5-4.1 NMSA 1978, as enacted by Laws 1978, ch. 123, § 2, relating to applicability, effective March 1, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-5 - Repealed.

History:
1953 Comp., § 13-2-16, enacted by Laws 1965, ch. 234, § 5; 1993, ch. 321, § 5; repealed by Laws 2014, ch. 79, § 22.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 79, § 22 repealed 27-5-5 NMSA 1978, as enacted by Laws 1965, ch. 234, § 5, relating to county indigent hospital and county health care board, effective March 12, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-5.1 - Indigent health care report; required.

Every county in New Mexico shall file an annual report on all indigent health care funding by the county with the commission. The report shall contain the county's eligibility criteria for indigent patients, services provided to indigent patients, restrictions on services provided to indigent patients, conditions for reimbursement to providers of health care, revenue sources used to pay for indigent health care and other related information as determined by the commission. The report shall be submitted by October 1 of each year on a form provided by the commission. The commission shall make the report available to interested parties.
History:
Laws 1993, ch. 321, § 17; 1999, ch. 37, § 2.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, in the first sentence inserted "all", substituted "funding" for "funded in whole or in part" and "commission" for "local government division of the department of finance and administration"; substituted "commission" for "local government division" at the end of the second sentence; in the third sentence substituted "October 1" for "July 31" and substituted "commission" for "local government division and shall provide information from the previous fiscal year" at the end of the sentence; and in the last sentence substituted "commission" for "local government division" and "to" for "for analysis by".
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-5.2 - Nondiscrimination; indigent patients.

Qualifying hospitals and hospitals with which a county contracts to provide for the services of indigent patients shall provide those services for indigent patients, including financial assistance, to all non-citizens, regardless of immigration status, if they meet all other qualifying criteria for such services.
History:
Laws 2021, ch. 127, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 127 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.