reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-6.2 - Transfer to safety net care pool fund.

A. A county shall, by ordinance to be effective July 1, 2014, dedicate to the safety net care pool fund an amount equal to a gross receipts tax rate of one-twelfth percent applied to the taxable gross receipts reported during the prior fiscal year by persons engaging in business in the county. For purposes of this subsection, a county may use public funds from any existing authorized revenue source of the county.
B. A county enacting an ordinance pursuant to Subsection A of this section shall transfer to the safety net care pool fund by the last day of March, June, September and December of each year an amount equal to one-fourth of the county's payment to the safety net care pool fund.
History: Laws 2014, ch. 79, § 16.
ANNOTATIONS
Emergency clauses.
— Laws 2014, ch. 79, § 23, contained an emergency clause and was approved March 12, 2014.
Compiler's notes.
— The governor partially vetoed Laws 2014, ch. 79, § 16. In the first sentence of Subsection A, after "July 1, 2014", the governor vetoed "through June 30, 2017".
To view the chaptered bill in its entirety,
see
the 2014 session laws on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-8 - Repealed.

History:
1953 Comp., § 13-2-19, enacted by Laws 1965, ch. 234, § 8; 1993, ch. 321, § 8; repealed by Laws 2014, ch. 79, § 22.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 79, § 22 repealed 27-5-8 NMSA 1978, as enacted by Laws 1965, ch. 234, § 8, relating to board certification to county commissioners, effective March 12, 2014.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Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-10 - Repealed.

History:
1953 Comp., § 13-2-22, enacted by Laws 1965, ch. 234, § 11; repealed by Laws 2014, ch. 79, § 22.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 79, § 22 repealed 27-5-10 NMSA 1978, as enacted by Laws 1965, ch. 234, § 11, relating to subrogation of claim, effective March 12, 2014.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 27-5-12 - Payment of claims.

A. A hospital, ambulance service or health care provider filing a claim with the county shall:
(1) file the claim with the county in which the indigent patient is domiciled;
(2) file the claim for each patient separately, with an itemized detail of the total cost; and
(3) file with the claim a verified statement of qualification for ambulance service, indigent hospital care or care from a health care provider signed by the patient or by the parent or person having custody of the patient to the effect that the patient qualifies under the provisions of the Indigent Hospital and County Health Care Act as an indigent patient and is unable to pay the cost for the care administered and listing all assets owned by the patient or any person legally responsible for the patient's care. The statement shall constitute an oath of the person signing it, and any false statements in the statement made knowingly constitute a felony.
B. A hospital, ambulance service or health care provider that has contracted with a county for provision of health care services shall provide evidence of health care services rendered for payment for services in accordance with the procedures specified in the contract.
History:
1953 Comp., § 13-2-24, enacted by Laws 1965, ch. 234, § 13; 1983, ch. 234, § 5; 1984, ch. 101, § 2; 1993, ch. 321, § 11; 1997, ch. 51, § 4; 2014, ch. 79, §13.
ANNOTATIONS
The 2014 amendment,
effective March 12, 2014, clarified that the county, not the board, administers payment of claims; in Subsection A, in the introductory sentence, after "claim with the", deleted "board" and added "county"; in Subsection A, Paragraph (1), after "claim with the", deleted "board of the"; and in Subsection B, after "contracted with a", deleted "board" and added "county".
The 1997 amendment,
effective June 20, 1997, designated the introductory paragraph as Subsection A; redesignated former Subsections A, B, and C as Paragraphs A(1), A(2), and A(3); and added Subsection B.
The 1993 amendment,
effective July 1, 1993, substituted "ambulance service or health care provider" for "or ambulance service" in the introductory language and "ambulance service, indigent hospital care or care from a health care provider" for "indigent hospital care" and "and County health Care" for "Claims" in Subsection C.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-12.1 - Appeal.

Any hospital or ambulance service aggrieved by any decision of the county may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1978 Comp., § 27-5-12.1, enacted by Laws 1979, ch. 146, § 3; 1983, ch. 234, § 6; 1998, ch. 55, § 38; 1999, ch. 265, § 40; 2014, ch. 79, § 14.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 2014 amendment,
effective March 12, 2014, clarified that appeals are from the decision of the county, not the board; and after "decision of the", deleted "board" and added "county".
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-12.2 - Repealed.

History:
Laws 1993, ch. 321, § 15; 2003, ch. 413, § 5; 2012, ch. 18, § 3; repealed by Laws 2014, ch. 79, § 22.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 79, § 22 repealed 27-5-12.2 NMSA 1978, as enacted by Laws 1993, ch. 321, § 15, relating to duties of the county, sole community provider hospital payments, 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 27-5-13 - Repealed.

History:
1953 Comp., § 13-2-25, enacted by Laws 1965, ch. 234, § 14; 1978, ch. 123, § 3; 1983, ch. 234, § 7; repealed by Laws 2014, ch. 79, § 22.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 79, § 22 repealed 27-5-13 NMSA 1978, as enacted by Laws 1965, ch. 234, § 14, relating to claims not to expire because of lack of funds, priority of claims, 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 27-5-14 - Repealed.

History:
1953 Comp., § 13-2-26, enacted by Laws 1965, ch. 234, § 15; 1975, ch. 178, § 1; 1987, ch. 88, § 4; 1993, ch. 321, § 12; repealed by Laws 2014, ch. 79, § 22.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 79, § 22 repealed 27-5-14 NMSA 1978, as enacted by Laws 1965, ch. 234, § 15, relating to board to recover costs, presumption of payment, 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 27-5-15 - Repealed.

History:
1953 Comp., § 13-2-26.1, enacted by Laws 1971, ch. 72, § 2; 1975, ch. 178, § 2; repealed by Laws 2014, ch. 79, § 22.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 79, § 22 repealed 27-5-15 NMSA 1978, as enacted by Laws 1971, ch. 72, § 2, relating to limitation on liens, 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 27-5-16 - Department; payments; cooperation; reporting.

A. The department shall not decrease the amount of any assistance payments made to the hospitals or health care providers of this state pursuant to law because of any financial reimbursement made to ambulance services, hospitals or health care providers for indigent or medicaid eligible patients as provided in the Indigent Hospital and County Health Care Act.
B. The department shall cooperate with each county in furnishing information or assisting in the investigation of any person to determine whether the person meets the qualifications of an indigent patient as defined in the Indigent Hospital and County Health Care Act.
C. The department shall provide an annual report to each county and each qualifying hospital on the previous calendar year's payments from the safety net care pool for uncompensated care to qualifying hospitals and estimated payments of enhanced medicaid base rates. The annual report for the previous year shall be provided by July 1 of the succeeding year.
History:
1953 Comp., § 13-2-27, enacted by Laws 1965, ch. 234, § 16; 1987, ch. 88, § 5; 1993, ch. 321, § 13; 2013, ch. 151, § 1; 2014, ch. 79, § 15.
ANNOTATIONS
The 2014 amendment,
effective March 12, 2014, required the department to give an annual report to each county and qualifying hospital on the previous year's payments from the safety net care pool fund; in the catchline, after "cooperation", added "reporting"; in Subsection B, after "cooperate with each", deleted "board" and added "county"; and in Subsection C, deleted all of the former language which required the department to ensure that payments did not exceed amounts that would be paid under medicare payment principles and if payments exceeded medicare payment principles, to reduce the sole community provider payment prior to any reduction in payments to hospitals under the state medicaid program, and added the current language of the subsection.
Compiler's notes.
— The governor partially vetoed Laws 2014, ch. 79, § 15. In the first sentence of Subsection C, the governor vetoed the word "fund" after "safety net care pool".
To view the chaptered bill in its entirety,
see
the 2014 session laws on
NMOneSource.com
.
The 2013 amendment,
effective June 14, 2013, provided additional sources of assistance payments; in Subsection C, in the second sentence, at the end of the sentence, after "state medicaid program" added the remainder of the sentence.
The 1993 amendment,
effective July 1, 1993, deleted "human services" before "department" near the beginning and substituted "and County Health Care" for "Claims" near the end in Subsections A and B; inserted "or health care providers" before "of this state" and substituted "ambulance services, hospitals or health care providers for indigent or medicaid eligible patients" for "hospitals for indigent or welfare patients" in Subsection A; and added Subsection C.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 20, § 136A repealed 27-5-17 NMSA 1978, as amended by Laws 1975, ch. 44, § 2, relating to exclusion of class A counties from the provisions of the Indigent Hospital Claims Act, effective July 1, 1986.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 5 - Indigent Hospital and County Health Care › Section 27-5-18 - Repealed.

History:
1953 Comp., § 13-2-29, enacted by Laws 1965, ch. 234, § 20; 1993, ch. 321, § 14; repealed by Laws 2014, ch. 79, § 22.
ANNOTATIONS
Repeals.
— Laws 2014, ch. 79, § 22 repealed 27-5-18 NMSA 1978, as enacted by Laws 1965, ch. 234, § 20, relating to date of implementation, 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 6 - Utility Supplements and Assistance › Section 27-6-1 to 27-6-10 - Deleted.

ANNOTATIONS
Compiler's notes.
— Sections 27-6-1 to 27-6-10, the Utility Supplement Act, were enacted by Laws 1975, Chapter 300, contingent upon the passage and approval of the Electrical Energy Tax Act. The Electrical Energy Tax Act was enacted by Laws 1975, Chapter 263 and approved April 10, 1975. Laws 1975, ch. 300, § 10, compiled as 27-6-10 NMSA 1978, provides that no payments shall be made under the Utility Supplement Act if the Electrical Energy Tax Act is held invalid in any suit. The Electrical Energy Tax Act was held invalid under the Supremacy Clause of the United States Constitution in Arizona Pub. Serv. Co. v. Snead, 441 U.S. 141, 99 S. Ct. 1629, 60 L. Ed. 2d 106 (1979). Laws 1982, ch. 18, § 27 later repealed the Electrical Energy Tax Act, effective July 1, 1982. The provisions of 27-6-1 to 27-6-10 NMSA 1978, the Utility Supplement Act, have been deleted from the statutes compilation as they no longer have any force or effect.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6 - Utility Supplements and Assistance › Section 27-6-11 - Short title.

Chapter 27, Article 6 NMSA 1978 may be cited as the "Low Income Utility Assistance Act".
History:
Laws 1979, ch. 290, § 1; 2009, ch. 232, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed the reference of the act to the chapter and article of NMSA 1978.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6 - Utility Supplements and Assistance › Section 27-6-12 - Legislative intent and purpose.

It is the intent of the legislature and the purpose of the Low Income Utility Assistance Act to assist indigent residents to meet the increased costs for gas and electrical utilities, liquefied petroleum fuel, wood and coal to the maximum extent possible, particularly the cost of fuel adjustments and the cost of service indexing.
History:
Laws 1979, ch. 290, § 2; 1980, ch. 118, § 1.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6 - Utility Supplements and Assistance › Section 27-6-13 - Administration of Low Income Utility Assistance Act.

A. As used in the Low Income Utility Assistance Act:
(1) "department" means the agency of the state designated by the governor; and
(2) "utility" means a publicly, privately or municipally owned utility or a distribution cooperative utility for the rendition of electric power or gas.
B. The department shall determine eligibility, establish payment amounts, make utility assistance payments to or on behalf of eligible recipients and otherwise administer the Low Income Utility Assistance Act.
C. The department shall use funds appropriated under the Low Income Utility Assistance Act to the maximum extent to generate available federal and local government funds and to mobilize other resources that may be applied to the concepts of the Low Income Utility Assistance Act.
History:
Laws 1979, ch. 290, § 3; 1980, ch. 118, § 2; 2009, ch. 232, § 2.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added Paragraph (2) of Subsection A.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6 - Utility Supplements and Assistance › Section 27-6-14 - Persons eligible for utility assistance.

A. Utility assistance supplements shall be paid to or on behalf of those individuals who are determined to be eligible by regulation of the department.
B. The department shall determine the amount of payment to be made; provided that no payment shall be made if a payment for the same services or incurred bills has been made to the household under a federal program for a similar purpose.
History:
Laws 1979, ch. 290, § 4; 1980, ch. 118, § 3; 1984, ch. 94, § 1.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6 - Utility Supplements and Assistance › Section 27-6-15 - Utility assistance supplement program established; distribution to eligible recipients.

A. The department is authorized to establish a utility assistance supplement program for purposes of the Low Income Utility Assistance Act.
B. Beginning on July 1, 1980 and each year thereafter the department shall pay utility assistance supplement payments, subject to the availability of funds from the low income utility assistance fund created under the provisions of Section 27-6-16 NMSA 1978.
History:
Laws 1979, ch. 290, § 5; 1980, ch. 118, § 4.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6 - Utility Supplements and Assistance › Section 27-6-16 - Fund created.

There is created in the state treasury the "low income utility assistance fund." Payments shall be made from the low income utility assistance fund upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the head of the department. Such payments shall be made for the costs and administration of the Low Income Utility Assistance Act.
History:
Laws 1979, ch. 290, § 6; 1980, ch. 118, § 5.
ANNOTATIONS
Partial veto valid.
— Governor's partial veto of the provision in Laws 1981, ch. 168, designating the income support division of the human services department [health care authority department] as the agency responsible for administering this fund, is valid. 1981 Op. Att'y Gen. No. 81-12.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6 - Utility Supplements and Assistance › Section 27-6-18 - Repealed.

History:
Laws 2005 (1st S.S.) ch. 2, § 2; repealed by Laws 2007, ch. 231, § 2.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 231, § 2 repealed 27-6-18 NMSA 1978, as enacted by Laws 2005 (1st.S.S.), ch. 2, § 2, 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 6A - Low Income Water, Sewer and Solid Waste Service Assistance › Section 27-6A-1 - Short title.

This act [27-6A-1 to 27-6A-5 NMSA 1978] may be cited as the "Low Income Water, Sewer and Solid Waste Service Assistance Act".
History:
Laws 1993, ch. 206, § 1.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6A - Low Income Water, Sewer and Solid Waste Service Assistance › Section 27-6A-2 - Purpose.

It is the purpose of the Low Income Water, Sewer and Solid Waste Service Assistance Act:
A. to assure that water, sewer or solid waste user rate increases do not force many low-income individuals to discontinue necessary water, sewer or solid waste service; and
B. to increase the availability or affordability of basic water, sewer and solid waste service to low-income individuals by providing assistance to meet the cost of basic water, sewer and solid waste service.
History:
Laws 1993, ch. 206, § 2.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6A - Low Income Water, Sewer and Solid Waste Service Assistance › Section 27-6A-3 - Definitions.

As used in the Low Income Water, Sewer and Solid Waste Service Assistance Act:
A. "department" means the human services department [health care authority department]; and
B. "utility" means any individual, firm, partnership, company, district, including but not limited to solid waste district, water and sanitation district and special district, cooperative, association, public or private corporation, lessee, trustee or receiver appointed by any court, municipality and municipal utility as defined in the Municipal Code [3-3-1 NMSA 1978], incorporated county or county that may or does own, operate, lease or control any plant, property or facility for:
(1) the supply, storage, distribution or furnishing of water to or for the public;
(2) the supply and furnishing of sanitary sewer service to or for the public; or
(3) the supply and furnishing of collection, transportation, treatment or disposal of solid waste to or for the public. "Utility" does not include a public utility subject to the jurisdiction of the New Mexico public service commission [public regulation commission].
History:
Laws 1993, ch. 206, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler. It was not enacted by the legislature 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 New Mexico public service commission was a predecessor of the public utility commission, which was succeeded by the public regulation commission. Laws 1998, ch. 108, § 80 provided that references to the public utility commission be construed as references to the public regulation commission.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6A - Low Income Water, Sewer and Solid Waste Service Assistance › Section 27-6A-4 - Low income assistance rates.

A utility may provide assistance in the form of reduced or subsidized rates to or on behalf of those individuals who meet the eligibility criteria of one or more need-based assistance programs administered by the department and who are not living in nursing homes or intermediate care facilities or not living in circumstances that do not require them to pay, directly or indirectly, for water, sewer or solid waste service.
History:
Laws 1993, ch. 206, § 4.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 6A - Low Income Water, Sewer and Solid Waste Service Assistance › Section 27-6A-5 - Department cooperation.

Subject to state and federal statutes and regulations governing the sharing of confidential information, the department shall cooperate with a participating utility in identifying those persons eligible for assistance pursuant to the Low Income Water, Sewer and Solid Waste Service Assistance Act.
History:
Laws 1993, ch. 206, § 5.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-1 to 27-7-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 389, § 20 repealed 27-7-1 through 27-7-13 NMSA 1978, as enacted by Laws 1982, ch. 36, §§ 1, 2, and 4 to 13, and as amended by Laws 1987, ch. 72, § 1, relating to adult protective services, effective June 16, 1989. For present comparable provisions,
see
27-7-14 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-14 - Short title.

Sections 27-7-14 through 27-7-31 NMSA 1978 may be cited as the "Adult Protective Services Act".
History:
Laws 1989, ch. 389, § 1; 1990, ch. 79, § 1.
ANNOTATIONS
Cross references.
— For criminal records screening for caregivers employed by care providers,
see
29-17-2 to 29-17-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
41 Am. Jur. 2d Incompetent Persons § 31 et seq.
57 C.J.S. Mental Health §§ 45 et seq., 108 et seq.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-15 - Legislative findings; purpose.

A. The legislature recognizes that many adults in the state are unable to manage their own affairs or protect themselves from abuse, neglect or exploitation. The legislature further recognizes that the state should protect adults by providing for the detection, correction and elimination of abuse, neglect or exploitation through a program of short-term services for adults in need of protective services or protective placement.
B. It is the purpose of the Adult Protective Services Act to establish a system of protective services and protective placement and to ensure the availability of those services or placement to all adults in need of them. It is also the purpose of the Adult Protective Services Act to authorize only the least possible restriction on the exercise of personal and civil rights and religious beliefs consistent with the adult's need for protective services or protective placement and to require that due process be followed in imposing those restrictions.
C. Nothing in the Adult Protective Services Act shall be construed to mean an adult, including an incapacitated adult or a protected adult, is abused, neglected, or exploited if the adult relies upon or is being furnished with spiritual treatment through prayer alone in accordance with the express or implied intent of the adult; nor shall anything in that act be construed to authorize or require any medical care or treatment in contravention of the express or implied wish of that adult.
History:
Laws 1989, ch. 389, § 2; 1997, ch. 132, § 1; 2007, ch. 91, § 1.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, inserted "and religious beliefs" in Subsection B and added Subsection C.
The 2007 amendment,
effective July 2, 2007, recognizes that the state should protect adults by providing for the detection, correction and elimination of abuse, neglect or exploitation and for protective placement.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-17 - Adult protective services system.

A. Subject to the availability of funds, the department shall develop a coordinated system of protective services or protective placement for incapacitated or protected adults who have been abused, neglected or exploited. In planning this system, the department shall obtain the advice of agencies, corporations, boards and associations involved in the provision of social, health, legal, nutritional and other services to adults, as well as of organizations of adults.
B. The department shall ensure that the adult protective services system for incapacitated or protected adults who have been abused, neglected or exploited includes:
(1) a process for the collection and analysis of data relating to adult protective services or protective placement and for the provision of an annual findings and recommendations report to the governor and the appropriate interim committee;
(2) the establishment and use of multidisciplinary teams to develop treatment strategies, ensure maximum coordination with existing community resources and provide comprehensive assessment and case consultation on difficult or complex cases, provided that the adults' privacy and confidentiality rights in such cases are protected;
(3) coordination among the various state or local agencies that serve incapacitated or protected adults; and
(4) an emphasis on the need for prevention of abuse, neglect or exploitation of adults.
C. Upon establishment of the adult protective services system, the department shall be responsible for continuing coordination and supervision of the system. In carrying out these duties, the department shall:
(1) adopt rules necessary to implement and operate the system;
(2) monitor and evaluate the effectiveness of the system; and
(3) use to the extent available grants from federal, state and other public and private sources to support the system.
D. The department shall administer a public information program regarding the problem of abuse, neglect and exploitation of adults; reporting and prevention of adult abuse, neglect or exploitation; and the availability of treatment and protective services or protective placement for those adults.
History:
Laws 1989, ch. 389, § 4; 1997, ch. 132, § 3; 2007, ch. 91, § 3.
ANNOTATIONS
The 2007 amendment,
effective July 2, 2007, added a new Subsection B that required the department to develop a system of protective placement for adults who have been abused, neglected or exploited and to ensure that the protective services system includes information gathering, use of multidisciplinary teams to develop treatment and coordination of resource and agencies, and prevention of abuse, neglect and exploitation of adults.
The 1997 amendment,
effective June 20, 1997, inserted "or protected" in the first sentence of Subsection A.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-18 - Repealed.

History:
Laws 1989, ch. 389, § 5; 1997, ch. 132, § 4; repealed Laws 2005, ch. 321, § 14.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 321, § 14 repealed 27-7-18 NMSA 1978, as enacted by Laws 1989, ch. 389, § 5, relating to creation of adult protective services advisory board, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-20 - Repealed.

History:
Laws 1989, ch. 389, § 7; 1990, ch. 79, § 3; 1997, ch. 132, § 6; 2007, ch. 91, § 14.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 91, § 14 repealed 27-7-20 NMSA 1978, as enacted by Laws 1989, ch. 389, § 7, relating to protective services agencies, effective July 2, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-21 - Nature of protective services; costs.

A. Protective services are short-term services furnished by the department or under arrangement through the department to an incapacitated or protected adult who has been abused, neglected or exploited and with the adult's consent or appropriate legal authority.
B. The protective services furnished in a protective services system may include social, psychiatric, health, legal and other services provided on a short-term basis that, if appropriate, transition to other ongoing or long-term services outside the protective services system and that detect, correct or eliminate abuse, neglect or exploitation consistent with the Adult Protective Services Act. The adult protective services system established by the department may include outreach, public information and education, prevention programs, referral for health or legal services and other activities consistent with the Adult Protective Services Act.
C. The costs of providing protective services shall be borne by the department or other appropriate agency, unless the adult agrees to pay for them or a court authorizes the provider or the department or other agency to receive reasonable reimbursement from the adult's assets after a finding that the adult is financially able to make payment. As appropriate and as permitted by law, the department may bill the adult or a third party to receive reasonable reimbursement for protective services rendered.
History:
Laws 1989, ch. 389, § 8; 1990, ch. 79, § 4; 1997, ch. 132, § 7; 2007, ch. 91, § 5.
ANNOTATIONS
The 2007 amendment,
effective July 2, 2007, provided that protective services are short-term services that detect, correct or eliminate abuse, neglect or exploitation and authorizes the department to bill the adult or a third party for reimbursement for protective services.
The 1997 amendment,
effective June 20, 1997, deleted "but are not limited to" preceding "social case" in Subsection B; deleted "but is not limited to" preceding "outreach" in Subsection C; and inserted "or the department or other agency" in Subsection D.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-22 - Repealed.

History:
Laws 1989, ch. 389, § 9; 1990, ch. 79, § 5; 2007, ch. 91, § 14.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 91, § 14 repealed 27-7-22 NMSA 1978, as enacted by Laws 1989, ch. 389, § 9, relating to protective placement evaluations, effective July 2, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-23 - Voluntary protective services; protective placement; penalty.

A. Any adult who has been abused, neglected or exploited and is in need of protective services or protective placement as determined by the department and who consents to those services or placement shall receive them. If the adult withdraws or refuses consent, voluntary protective services or protective placement shall not be provided. No legal rights are relinquished as a result of acceptance of voluntary protective services or protective placement.
B. A person who interferes with the provision of protective services or protective placement to an adult who consents to receive those services or placement is guilty of a misdemeanor. In the event that interference occurs, the department may petition the court to enjoin that interference, may impose a civil penalty or, at the department's discretion, may request criminal prosecution.
C. The department may assess a civil penalty not to exceed ten thousand dollars ($10,000) per violation against a person that violates the provisions of Subsection B of this section. The department may assess and collect the penalty after notice and an opportunity for hearing, before a hearing officer designated by the department to hear the matter, upon a determination that a person willfully interfered with the department pursuant to this subsection. The hearing officer has the power to administer oaths on request of any party and issue subpoenas and subpoenas duces tecum. Additionally, if the violation is against a person covered by the Personnel Act [10-9-1 NMSA 1978], the department shall refer the matter to the agency employing the person for disciplinary action. Any party may appeal a final decision by the department to the court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: Laws 1989, ch. 389, § 10; 1997, ch. 132, § 8; 2007, ch. 91, § 6.
ANNOTATIONS
The 2007 amendment,
effective July 2, 2007, added a new Subsection C that authorized the department, after a hearing, to assess a civil penalty not to exceed $10,000 against a person who violates provisions of this section.
The 1997 amendment,
effective June 20, 1997, added "Protective Placement" in the section heading; in Subsection A, inserted "or protective placement" in the first and second sentences, and added the third sentence; in Subsection B, in the first sentence, inserted "or protective placement" and added "or placement", and added the language beginning "or, at the" in the second sentence.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-25.1 - Emergency protective placement by a law enforcement officer without a court order.

A. When, from personal observation of a law enforcement officer, it appears probable that an incapacitated adult will suffer immediate and irreparable physical injury or death if not immediately placed in a facility, that the adult is unable to give consent and that it is not possible due to the emergency nature of the circumstances to follow the procedures of Section 27-7-25 NMSA 1978, the law enforcement officer making that observation may transport the adult to a facility. No court order is required to authorize the law enforcement officer to act upon the officer's observation pursuant to this section.
B. A law enforcement officer who transports an incapacitated adult to a facility pursuant to the provisions of this section shall immediately notify the department of the placement.
C. The department shall file a petition pursuant to Subsection A of Section 27-7-25 NMSA 1978 within two working days after the placement of the adult by the law enforcement officer has occurred unless the department determines that the criteria for emergency removal and placement have not been met or that there is no further need for involuntary protective services or protective placement.
D. Upon receipt of notice from a law enforcement officer that an adult has been placed in a facility pursuant to the authority of this section, the department shall give notice pursuant to Subsection G of Section 27-7-25 NMSA 1978 within two working days after the placement of the adult has taken place.
E. The court shall hold a hearing on the petition filed by the department as a result of the law enforcement officer's emergency placement within ten days of the filing of the petition, pursuant to the provisions of Section 27-7-27 NMSA 1978, to determine whether the conditions creating the need for the emergency placement have been removed and whether the adult should be released from the protective placement.
History:
1978 Comp., § 27-7-25.1, enacted by Laws 1990, ch. 79, § 7; 1997, ch. 132, § 11; 2007, ch. 91, § 9.
ANNOTATIONS
The 2007 amendment,
effective July 2, 2007, provided for emergency protective placement.
The 1997 amendment,
effective June 20, 1997, added the language beginning "unless the department" in Subsection C.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-30 - Duty to report; penalty.

A. Any person, including financial institutions, having reasonable cause to believe that an incapacitated adult is being abused, neglected or exploited shall immediately report that information to the department.
B. The report required in Subsection A of this section may be made orally or in writing. The report shall include the name, age and address of the adult, the name and address of any other person responsible for the adult's care, the nature and extent of the adult's condition, the basis of the reporter's knowledge and other relevant information.
C. Any person failing or refusing to report, or obstructing or impeding any investigation, as required by Subsection A of this section is guilty of a misdemeanor.
D. The department may assess a civil penalty not to exceed ten thousand dollars ($10,000) per violation against a person that violates the provisions of Subsection A of this section or obstructs or impedes any investigation as required pursuant to Subsection A of this section. The department may assess and collect the penalty, after notice and an opportunity for hearing before a hearing officer designated by the department to hear the matter, upon a determination that a person violated the provisions of Subsection A of this section or obstructed or impeded any investigation as required pursuant to this section. The hearing officer has the power to administer oaths on request of any party and issue subpoenas and subpoenas duces tecum. Additionally, if the violation is against a person covered by the Personnel Act [10-9-1 NMSA 1978], the department shall refer the matter to the agency employing the person for disciplinary action. Any party may appeal a final decision by the department to the court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1989, ch. 389, § 17; 1990, ch. 79, § 10; 1997, ch. 132, § 15; 2007, ch. 91, § 13.
ANNOTATIONS
The 2007 amendment,
effective July 2, 2007, included financial institutions as a "person" and authorized the department in new Subsection D, after a hearing, to assess a civil penalty of not to exceed $10,000 against a person who violates provisions of this section.
The 1997 amendment,
effective June 20, 1997, in Subsection A, inserted "incapacitated" and "immediately", and deleted "or other appropriate agency" following "department"; and inserted "or obstructing or impending any investigation" in Subsection C.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7 - Adult Protective Services › Section 27-7-31 - Immunity.

Any person making a report pursuant to Section 27-7-30 NMSA 1978, testifying in any judicial proceeding arising from the report or participating in a required evaluation pursuant to the Adult Protective Services Act or any law enforcement officer carrying out his responsibilities under that act or any person providing records or information as required under that act shall be immune from civil or criminal liability on account of that report, testimony or participation, unless the person acted in bad faith or with a malicious purpose.
History:
Laws 1989, ch. 389, § 18; 1997, ch. 132, § 16.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "Section 27-7-30 NMSA 1978" for "Section 17 of the Adult Protective Services Act", substituted "the Adult Protective Services" for "that", and inserted "or any person providing records or information as required under that act".
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7A - Employee Abuse Registry Act › Section 27-7A-1 - Short title.

This act [27-7A-1 to 27-7A-8 NMSA 1978] may be cited as the "Employee Abuse Registry Act".
History:
Laws 2005, ch. 256, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7A - Employee Abuse Registry Act › Section 27-7A-3 - Employee abuse registry.

A. The department shall establish an "employee abuse registry" of employees and enter into the registry names of employees with substantiated abuse, neglect or exploitation charges as determined by the department pursuant to the Employee Abuse Registry Act.
B. Before a provider hires or contracts with an employee, the provider shall inquire of the department's registry as to whether the employee is included in the registry.
C. When the department's registry receives an inquiry, the department shall inform the provider whether an employee is included in the employee abuse registry.
D. Providers that hire employees shall document that they have checked the abuse registry for each applicant being considered for employment or contract.
E. A provider shall not hire or contract with an employee in a direct care setting who is included in the employee abuse registry.
F. The department or other governmental agency may, at its discretion, terminate or not enter into or renew a contract with a provider that fails to comply with the provisions of Subsection E of this section.
G. A provider, including its administrators and employees, is not civilly liable to an applicant or an employee for a good faith decision to employ, not employ or terminate employment pursuant to the Employee Abuse Registry Act.
H. After a period of three years, an employee placed on the employee abuse registry may petition the department for removal of the employee's name from the employee abuse registry. Petitions for removal shall be in writing and mailed or hand delivered to the department. Within thirty days of the department's receipt of a petition, the secretary shall issue a written decision on the petition and provide that decision to the employee in person or by certified mail. If the secretary denies the petition, the employee may, within ten days of receipt of that decision, request a hearing. If an employee requests a hearing, that hearing shall be conducted by an independent hearing officer. An employee aggrieved by the final decision following a hearing shall have the right to judicial review pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 2005, ch. 256, § 3.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7A - Employee Abuse Registry Act › Section 27-7A-4 - Investigation and substantiation of abuse, neglect or exploitation by the department.

A. In addition to other actions required by law, the department shall review all reports of abuse, neglect or exploitation against employees of providers that are licensed by or under contract with the department and shall investigate such reports as necessary to determine whether there is a reasonable basis to believe that an employee committed abuse, neglect or exploitation.
B. If the department determines that abuse, neglect or exploitation has occurred, the department shall notify the employee and the provider of that determination, and such determination shall include a determination of whether the abuse, neglect or exploitation was the result of conduct by the employee, the provider or both.
History:
Laws 2005, ch. 256, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7A - Employee Abuse Registry Act › Section 27-7A-5 - Adult protective services division report of abuse, neglect or exploitation.

A. The adult protective services division of the aging and long-term services department shall investigate allegations of abuse, neglect and exploitation consistent with its statutory responsibilities.
B. If the adult protective services division determines that abuse, neglect or exploitation has occurred, it shall notify the employee and the provider of that determination, and such determination shall include a determination of whether the abuse, neglect or exploitation was the result of conduct by the employee, the provider or both.
C. The adult protective services division shall report to the department of health any substantiated finding of abuse, neglect or exploitation made against an employee of a provider under waiver or other programs administered by the aging and long-term services department and not otherwise licensed by or under contract with the department.
History:
Laws 2005, ch. 256, § 5.
ANNOTATIONS
Cross reference.
— For the adult protective services division of the aging and long-term services department,
see
Sections 9-23-1 through 9-23-12 NMSA 1978.
Effective dates.
— Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7A - Employee Abuse Registry Act › Section 27-7A-7 - Adoption of rules.

By January 1, 2006, the department of health and the aging and long-term services department shall jointly establish and adopt rules necessary to carry out the provisions of the Employee Abuse Registry Act, including procedures for determining abuse, neglect and exploitation that consider the severity of the alleged abuse, neglect and exploitation and procedures for reporting for the administrative hearing process and for sanctions for failure to comply with the Employee Abuse Registry Act.
History:
Laws 2005, ch. 256, § 7.
ANNOTATIONS
Cross reference.
— For the department of health,
see
Sections 9-7-1 through 9-7-17 NMSA 1978. For the secretary of health,
see
Section 9-7-5 NMSA 1978.
Effective dates.
— Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 7A - Employee Abuse Registry Act › Section 27-7A-8 - Penalties.

The department shall administer sanctions for a provider's failure to comply with the Employee Abuse Registry Act, including a directed plan of correction or civil monetary penalty not to exceed five thousand dollars ($5,000) per instance.
History:
Laws 2005, ch. 256, § 8.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 256 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 27 - Public Assistance › Article 8 - Community Action › Section 27-8-1 - Short title.

This act [27-8-1 to 27-8-9 NMSA 1978] may be cited as the "Community Action Act".
History:
Laws 1983, ch. 139, § 1.
ANNOTATIONS
Legislator contracting with agency must ascertain how agency organized.
— A legislator contracting with a community action agency will have to ascertain how the agency is organized to determine whether the prohibitions of N.M. Const., art. IV, § 28 will apply. If it is a county, county agency or a private agency, the contract will not be covered by the provision, but if it is a municipality or municipal agency, the contract will be prohibited if it was authorized by law during the legislator's term. 1989 Op. Att'y Gen. No. 89-34.