2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-4 - Department established.

A. The "health care authority department" is created in the executive branch. The department is a cabinet department and consists of:
(1) the office of the secretary of health care authority;
(2) the administrative services division;
(3) the information technology division;
(4) the behavioral health services division;
(5) the developmental disabilities division;
(6) the health improvement division;
(7) the medical assistance division;
(8) the state health benefits division;
(9) the child support enforcement division; and
(10) the income support division.
B. All references in the law to the behavioral health services division of the department of health or to the mental health division of the department of health in Sections 29-11-1 through 29-11-7 NMSA 1978 or to the department of health in Sections 43-2-1.1 through 43-2-23 NMSA 1978 shall be construed as referring to the health care authority department.
History:
1978 Comp., § 9-8-4, enacted by Laws 1977, ch. 252, § 4; 1981, ch. 88, § 2; 2005, ch. 110, § 5; 2007, ch. 325, § 3; 2023, ch. 205, § 4.
ANNOTATIONS
Cross references.
— For executive cabinet,
see
9-1-3 NMSA 1978.
For public assistance generally,
see
Chapter 27 NMSA 1978.
For human rights generally,
see
Chapter 28 NMSA 1978.
For veterans' services,
see
Chapter 9. Article 22 NMSA 1978.
For delinquent, abused and neglected children,
see
32A-2-1 to 32A-2-33 and 32A-4-1 to 32A-4-34 NMSA 1978.
For adoption generally,
see
32A-5-1 to 32A-5-45 NMSA 1978.
For the Mandatory Medical Support Act,
see
40-4C-1 NMSA 1978 et seq.
The 2023 amendment,
effective June 16, 2023, changed the name of the humans services department to the health care authority department, reorganized the department, adding four new divisions; in Subsection A, deleted "There is created in the executive branch"; after "The", deleted "human services" and added "'health care authority'"; after "department", added is created in the executive branch"; after "cabinet department and", deleted "shall consist of, but not be limited to, six divisions as follows"; deleted former Paragraphs A(1) through A(6); and added new Paragraphs A(1) through A(10); and in Subsection B, after "referring to the", deleted "human services" and added "health care authority".
Temporary provisions.
— Laws 2023, ch. 205, § 16 provided:
A. The governor may issue an executive order that further delineates the organizational structure, power and duties of the health care authority department and moves divisions and programs to or from other departments to accomplish the reorganizational goals of this act. The governor shall report the reorganizational changes and recommend statutory changes to the legislative health and human services committee and the legislative finance committee by November 1, 2023 and provide a final reorganization report to the legislature by January 1, 2024.
B. On July 1, 2023, statutory references to the human services department shall be deemed to be references to the health care authority department, and contractual obligations of the human services department shall be binding on the health care authority department. Rules of the human services department shall be the rules of the health care authority department until amended or repealed. As functions of government are transferred to the health care authority department as specified in Section 9-8-4 NMSA 1978, statutory references shall be deemed to be references to the health care authority department, contractual obligations shall be binding on the department and existing pertinent rules shall be the rules of the department until amended or repealed.
C. The department of finance and administration, the secretary of health care authority, the secretary of health, the secretary of general services, members of the governor's staff and other persons assigned by the governor shall develop a transition plan that includes:
(1) what units of the executive department shall be transferred to or from the health care authority department and working and final organizational charts for all affected units of the executive departments;
(2) how and when functions, personnel, money, appropriations, equipment, supplies and other property of the human services department, the department of health, the general services department and other units of the executive department shall be transferred to or from the health care authority department; and
(3) proposed statutory changes, including changes in Chapters 9, 10 and 24 NMSA 1978 and the creation of a new chapter of the NMSA 1978 to include sections of Chapters 9 and 24 NMSA 1978 and other provisions of law pertaining to health care purchasing and regulation.
The 2007 amendment,
effective June 15, 2007, added Paragraphs (3) through (5) of Subsection A and added Subsection B.
The 2005 amendment,
effective June 17, 2005, created the information technology division within the human services department.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 79 Am. Jur. 2d Welfare Laws §§ 45 to 82.
Construction and application of state social security or unemployment compensation as affected by terms of Federal Social Security Act or judicial or administrative rulings thereunder, 139 A.L.R. 892.
43 C.J.S. Infants §§ 31, 32.