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Article 1 - General Provisions
Section 27-1-1 - Definitions. - As used in Articles 1 and 2 of Chapter 13...
Section 27-1-2 - Powers of human services department. - A. The human services department is an agency of the...
Section 27-1-3 - Activities of human services department. - The department shall be charged with the administration of all...
Section 27-1-3.1 - Acute care bed usage; funding authorization. - The human services department is authorized to accept and use...
Section 27-1-4 - Status of assistance payments. - Payments received by a displaced person under the Relocation Assistance...
Section 27-1-5 to 27-1-7 - Repealed. - Repeals. — Laws 1985, ch. 101, § 9 repealed 27-1-5...
Section 27-1-8 - State case registry. - A. The human services department, acting as the state's child...
Section 27-1-9 - Locator information from interstate networks. - The state Title IV-D agency is authorized to have access...
Section 27-1-10 - Collection and use of social security numbers for use in child support enforcement. - A. For applicants or persons who have been assigned a...
Section 27-1-11 - Expedited procedure. - The state Title IV-D agency shall have the authority to...
Section 27-1-12 - Work requirement for persons owing past-due child support. - The state Title IV-D agency must have and use procedures...
Section 27-1-13 - Financial institution data matches. - A. "Financial institution" means: (1) a depository institution, as defined...
Section 27-1-14 - Enforcement of orders for health care. - A. All Title IV-D agency cases shall include a provision...
Section 27-1-15 - Repealed. - History: Laws 2005, ch. 160, § 1; repealed by Laws...
Section 27-1-16 - Brain injury services fund created. - A. There is created in the state treasury the "brain...
Article 2 - Public Assistance Act
Section 27-2-1 - Short title. - Sections 27-2-1 through 27-2-34 NMSA 1978 may be cited as...
Section 27-2-2 - Definitions. - As used in the Public Assistance Act: A. "department" means...
Section 27-2-3 - Standard of need; income determination. - A. Consistent with the federal act and subject to the...
Section 27-2-4 - Eligibility requirements. - Consistent with the federal act, a person is eligible for...
Section 27-2-6 - Repealed. - Repeals. — Laws 1998, ch. 8, § 28 and Laws...
Section 27-2-6.1 - Supplemental postnatal assistance. - The health and social services department shall establish a program...
Section 27-2-6.2 - Repealed. - Repeals. — Laws 1998, ch. 8, § 28 and Laws...
Section 27-2-7 - General assistance program; qualifications and payments. - A. Subject to the availability of state funds, public assistance...
Section 27-2-7.1 - Eligible person entitled to information. - A recipient shall be provided with information about expiration of...
Section 27-2-8 - Repealed. - Repeals. — Laws 1998, ch. 8, § 28 and Laws...
Section 27-2-9 - Payment for hospital care. - A. Consistent with the federal act, the department shall provide...
Section 27-2-9.1 - Administration of shelter care supplement. - A. A shelter care supplement shall be provided to those...
Section 27-2-10 - Food stamp program. - The income support division of the human services department: A....
Section 27-2-11 - Scope of assistance programs. - Any public assistance program conducted by the department under the...
Section 27-2-12 - Medical assistance programs. - A. Consistent with the federal act and subject to the...
Section 27-2-12.1 - Repealed. - Repeals. — Laws 1979, ch. 330, § 1, repealed 27-2-12.1...
Section 27-2-12.2 - Medical assistance program; eligibility of married individuals. - For the purpose of determining medical assistance for institutional care...
Section 27-2-12.3 - Medicaid reimbursement; equal pay for equal physicians', dentists', optometrists', podiatrists' and psychologists' services. - The human services department shall establish a rate for the...
Section 27-2-12.4 - Long-term care facilities; noncompliance with standards and conditions; sanctions. - A. In addition to any other actions required or permitted...
Section 27-2-12.5 - Medicaid-certified nursing facilities; retroactive eligibility; refunds; penalty. - A. Medicaid payment for a medicaid-eligible patient shall be accepted...
Section 27-2-12.6 - Medicaid payments; managed care. - A. The department shall provide for a statewide, managed care...
Section 27-2-12.7 - Medicaid; human services department employees; standards of conduct; enforcement. - A. As used in this section: (1) "business" means a...
Section 27-2-12.8 - Mammograms for medicaid recipients. - In providing coverage for mammograms under the medicaid program, the...
Section 27-2-12.9 - Medicaid; personal spending allowances; increases. - For fiscal year 2001, the medicaid personal spending allowance shall...
Section 27-2-12.10 - Clinical nurse specialists. - The department shall recognize clinical nurse specialists as mid-level providers...
Section 27-2-12.11 - Prescription drug waiver program; purpose; eligibility. - Subject to the availability of state funds and consistent with...
Section 27-2-12.12 - Human services department; managed care contract credentialing provisions. - The human services department shall negotiate with medicaid contractors to...
Section 27-2-12.13 - Medicaid reform; program changes. - A. The department shall carry out the medicaid program changes...
Section 27-2-12.14 - Brain injury; services authorized. - Subject to the availability of state funds and consistent with...
Section 27-2-12.15 - Medicaid, state children's health insurance program and state coverage initiative program medical home waiver; rulemaking; application for waiver or state plan amendment. - A. Subject to the availability of state funds and consistent...
Section 27-2-12.16 - Medicaid recipients; cost-sharing payments for emergency medical services when non-emergency services are indicated. - A. Consistent with the federal act and subject to the...
Section 27-2-12.17 - Qualified state long-term care insurance partnership program; establishment; rulemaking. - A. Consistent with the federal act and subject to the...
Section 27-2-12.18 - Medical assistance; prescription drugs; prior authorization request form; prior authorization protocols. - A. Beginning January 1, 2014, the department shall require its...
Section 27-2-12.19 - Former foster-care recipients; medical assistance coverage until age twenty-six. - The department shall cover individuals who are residents of New...
Section 27-2-12.20 - Crisis triage center; medical assistance reimbursement. - A. In accordance with federal law, the secretary shall adopt...
Section 27-2-12.21 - Medical assistance; pharmacy benefits; prescription synchronization. - A. In accordance with federal law, the secretary shall adopt...
Section 27-2-12.22 - Incarcerated individuals; medicaid eligibility; county jail technical assistance; presumptive eligibility determiner training and certification. - A. Incarceration shall not be a basis to deny or...
Section 27-2-12.23 - Medical assistance; prescription drug coverage; step therapy protocols; clinical review criteria; exceptions. - A. By January 1, 2019, the secretary shall require any...
Section 27-2-12.24 - Medical assistance; plan of care; participation required. - A. By January 1, 2020, the secretary shall require medical...
Section 27-2-12.25 - Prior authorization for gynecological or obstetrical ultrasounds prohibited. - A. The department shall prohibit its medicaid managed care and...
Section 27-2-12.26 - Qualified medicare beneficiary recipients; medicare part B coverage automatic enrollment. - A. The department shall provide for the automatic enrollment into...
Section 27-2-12.27 - Medical assistance; managed care organization contracts; applicability of Prior Authorization Act. - The secretary shall ensure that contracts with managed care organizations...
Section 27-2-12.28 - Medical assistance; autism spectrum disorder. - A. The secretary shall ensure that medical assistance coverage provides...
Section 27-2-12.29 - Medical assistance; reimbursement for a one-year supply of covered prescription contraceptive drugs or devices. - A. In providing coverage for family planning services and supplies...
Section 27-2-12.30 - Pharmacist prescriptive authority services; reimbursement parity. - A medical assistance program or its contractor shall reimburse a...
Section 27-2-12.31 - Heart artery calcium scan coverage. - A. In accordance with federal law, the secretary shall adopt...
Section 27-2-13 - Conflict in federal and state laws. - Any section of the NMSA 1978 relating to public assistance...
Section 27-2-14 - Continuing effect of regulations and standards. - Regulations and standards of the board and department adopted prior...
Section 27-2-15 - Cooperation with United States. - The state department is hereby designated as the state agency...
Section 27-2-16 - Compliance with federal law. - A. Subject to the availability of state funds, the human...
Section 27-2-17 - Custodian of funds. - The state department is hereby designated as the custodian, subject...
Section 27-2-18 to 27-2-20 - Repealed. - Repeals. — Laws 1998, ch. 8, § 28 and Laws...
Section 27-2-21 - Assistance not assignable. - Assistance granted under this act shall not be transferable or...
Section 27-2-22 - Repealed. - Repeals. — Laws 1998, ch. 8, § 28 and Laws...
Section 27-2-23 - Third party liability. - A. The income support division of the department shall make...
Section 27-2-23.1 - Employee Retirement Income Security Act employee health benefit plans; clauses to exclude medicaid coverage prohibited. - No employee health benefit plan established under the Employee Retirement...
Section 27-2-24 - [Federal government entitled to share recovery.] - The federal government shall be entitled to a share of...
Section 27-2-25 - Funeral expenses. - A. On the death of: (1) a recipient of financial...
Section 27-2-26 - Money received from other sources; duty and liability of funeral director. - Should any funeral director accept payment from sources other than...
Section 27-2-27 - Single state agency; powers and duties. - A. The department is designated as the single state agency...
Section 27-2-28 - Liability for repayment of public assistance. - A. In cases where the department has provided cash assistance...
Section 27-2-29 - Repealed. - Repeals. — Laws 1981, ch. 90, § 4 repealed 27-2-29...
Section 27-2-29.1 - Compensation under contingent fee contracts; suspense fund created. - A. For the purpose of making disbursements and distributions pursuant...
Section 27-2-30 - [Enforcement of support;] orders. - The court in term time or judge in vacation may...
Section 27-2-31 - Judgments and proceeds. - Upon final hearing, judgment for the department shall include all...
Section 27-2-32 - Duty of agencies to cooperate. - All state, county and municipal agencies, departments, bureaus and divisions...
Section 27-2-33 - Repealed. - Repeals. — Laws 1998, ch. 8, § 28 and Laws...
Section 27-2-34 - Limitations of act. - All assistance granted under this act shall be deemed to...
Section 27-2-35 to 27-2-40 - Repealed. - Repeals. — Laws 1998, ch. 8, § 28 and Laws...
Section 27-2-41 - Short title. - This act [27-2-41 to 27-2-47 NMSA 1978] may be cited...
Section 27-2-42 - Legislative findings; purpose. - A. The legislature finds that twenty-five percent of New Mexicans...
Section 27-2-43 - Definitions. - As used in the Indigent Catastrophic Illness Hospital Funding Act...
Section 27-2-44 - Indigent catastrophic illness hospital fund created. - There is created in the state treasury the "indigent catastrophic...
Section 27-2-45 - Hospitals; claims for payment. - A. A hospital may submit eligible claims to the department...
Section 27-2-46 - Medically indigent patient deductible. - A medically indigent patient's deductible shall be an amount determined...
Section 27-2-47 - Department; regulations. - The department shall adopt and promulgate by September 30, 1990...
Article 2A - Medicaid Estate Recovery
Section 27-2A-1 - Short title. - This act [27-2A-1 to 27-2A-9 NMSA 1978] may be cited...
Section 27-2A-2 - Purpose of act. - The purpose of the Medicaid Estate Recovery Act is to...
Section 27-2A-3 - Definitions. - As used in the Medicaid Estate Recovery Act: A. "department"...
Section 27-2A-4 - Department to seek recovery of medical assistance payments restriction. - A. The department shall seek recovery from the estate of...
Section 27-2A-5 - Administration; recovery from estates. - A. The department shall administer the estate recovery program. B....
Section 27-2A-6 - Hardship waiver. - The department shall waive the application of the provisions of...
Section 27-2A-7 - Restrictions on recovery from estates. - Any recovery from an estate may be made only after...
Section 27-2A-8 - Due process. - When the department determines it will seek to recover from...
Section 27-2A-9 - Department exempt from bond requirement for personal representative. - If the department seeks appointment as a personal representative of...
Article 2B - New Mexico Works Act
Section 27-2B-1 - Short title. - Chapter 27, Article 2B NMSA 1978 may be cited as...
Section 27-2B-2 - Legislative findings; purpose of act. - A. The legislature finds that: (1) the poverty rate in...
Section 27-2B-3 - Definitions. - As used in the New Mexico Works Act: A. "applicant"...
Section 27-2B-4 - Application; resource planning session; individual responsibility plans; participation agreement; review periods. - A. Application for cash assistance or services shall be made...
Section 27-2B-5 - Work requirements; work participation rates. - A. The following qualify as work activities: (1) unsubsidized employment,...
Section 27-2B-5.1 - Work activities; workers' compensation coverage. - A. For the purposes of the Workers' Compensation Act [52-1-1...
Section 27-2B-5.2 - Work program; public schools. - The department and the state department of public education may...
Section 27-2B-6 - Durational limits. - A. Pursuant to the federal act, on or after July...
Section 27-2B-7 - Financial standard of need. - A. The secretary shall adopt a financial standard of need...
Section 27-2B-7.1 - Repealed. - History: Laws 2003, ch. 160, § 1; repealed by Laws...
Section 27-2B-8 - Resources. - A. Liquid and nonliquid resources owned by the benefit group...
Section 27-2B-9 - Mandatory school attendance. - If a minor member of a benefit group has three...
Section 27-2B-10 - Individual development accounts. - A participant may establish an individual development account pursuant to...
Section 27-2B-11 - Ineligibility. - A. The following are ineligible to be members of a...
Section 27-2B-12 - Services. - Subject to the availability of federal and state funds, a...
Section 27-2B-13 - Fair hearing; review and appeal. - A. A participant may request a hearing if: (1) an...
Section 27-2B-14 - Sanctions. - A. The department shall sanction a member of a benefit...
Section 27-2B-15 - Medicaid eligibility. - A. The following are eligible for medicaid: (1) a participant...
Section 27-2B-16 - Immigrant eligibility. - An immigrant may be eligible to receive cash assistance and...
Section 27-2B-17 - Records; confidentiality. - A. Pursuant to the federal act, the department shall establish...
Section 27-2B-18 - Certification. - The governor shall make the certifications mandated by the federal...
Section 27-2B-19 - Subsidized employment. - A. The department may administer a wage subsidy program based...
Section 27-2B-20 - Repealed. - Repeals. — Laws 1999, ch. 151 § 1 repealed 27-2B-20...
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...
Section 27-2C-2 - Definitions. - As used in the Pharmaceutical Supplemental Rebate Act: A. "department"...
Section 27-2C-3 - Medicaid formulary for prescription drugs. - A. The department shall develop or implement a formulary or...
Section 27-2C-4 - Negotiated drug discounts and rebates. - A. The secretary shall negotiate discount prices or rebates for...
Section 27-2C-5 - Reporting. - The department shall report the savings from the pharmaceutical supplemental...
Section 27-2C-6 - Coordination with other programs. - When the secretary finds that it is beneficial to the...
Section 27-2C-7 - Rulemaking. - The department shall adopt rules to implement the provisions of...
Section 27-2C-8 - Waivers. - The department shall seek any waivers of federal law or...
Article 2D - Education Works
Section 27-2D-1 - Short title. - Chapter 27, Article 2D NMSA 1978 may be cited as...
Section 27-2D-2 - Definitions. - As used in the Education Works Act: A. "applicant" means...
Section 27-2D-3 - Application; resource planning session; individual education plan; review periods. - A. Application for cash assistance or services shall be made...
Section 27-2D-4 - Education works program; eligibility; restrictions; requirements. - A. A person is eligible to receive education works services...
Section 27-2D-5 - Financial standard of need. - A. The secretary shall adopt a financial standard of need...
Section 27-2D-6 - Resources. - A. Liquid and nonliquid resources owned by the benefit group...
Section 27-2D-7 - Ineligibility. - A. The following are ineligible to be members of a...
Section 27-2D-8 - Fair hearing; review and appeal. - A. A recipient may request a hearing if: (1) an...
Section 27-2D-9 - Satisfactory participation. - A. To maintain satisfactory participation in the education works program,...
Article 2E - Prescription Drug Pricing
Section 27-2E-1 - Average manufacturer price; filing; reporting. - A. A person who manufactures a prescription drug, including a...
Section 27-2E-2 - Unlawful disclosure; penalties. - A. It is unlawful for an employee, former employee, contractor...
Section 27-2E-3 - Enforcement. - The office of the attorney general may take action to...
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...
Section 27-3-2 - Definitions. - As used in the Public Assistance Appeals Act: A. "department"...
Section 27-3-3 - Fair hearing. - A. An applicant for or recipient of assistance or services...
Section 27-3-4 - Appeal. - Within thirty days after receiving written notice of the decision...
Section 27-3-5 - [Expenditures for programs.] - Nothing in the Public Assistance Act [27-2-1 NMSA 1978] or...
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...
Section 27-4-2 - Definitions. - As used in the Special Medical Needs Act [27-4-1 NMSA...
Section 27-4-3 - Persons with special needs. - A. The division shall by regulation establish a program to...
Section 27-4-4 - Standard of need; income determination. - A. Standard of need for purposes of the Special Medical...
Section 27-4-5 - Eligibility requirements. - A person is eligible for medical care under the Special...
Article 5 - Indigent Hospital and County Health Care
Section 27-5-1 - Short title. - Chapter 27, Article 5 NMSA 1978 may be cited as...
Section 27-5-2 - Purpose of Indigent Hospital and County Health Care Act. - The purpose of the Indigent Hospital and County Health Care...
Section 27-5-3 - Public assistance provisions. - A. A hospital shall not be paid from the fund...
Section 27-5-4 - Definitions. - As used in the Indigent Hospital and County Health Care...
Section 27-5-4.1 - Repealed. - History: 1953 Comp., § 13-2-15.1, enacted by Laws 1978, ch....
Section 27-5-5 - Repealed. - History: 1953 Comp., § 13-2-16, enacted by Laws 1965, ch....
Section 27-5-5.1 - Indigent health care report; required. - Every county in New Mexico shall file an annual report...
Section 27-5-5.2 - Nondiscrimination; indigent patients. - Qualifying hospitals and hospitals with which a county contracts to...
Section 27-5-6 - Powers and duties of counties relating to indigent care. - A county: A. may budget for expenditure on ambulance services,...
Section 27-5-6.1 - Safety net care pool fund created. - A. The "safety net care pool fund" is created in...
Section 27-5-6.2 - Transfer to safety net care pool fund. - A. A county shall, by ordinance to be effective July...
Section 27-5-7 - Health care assistance fund. - A. There is created in the county treasury of each...
Section 27-5-7.1 - County health care assistance fund; authorized uses of the fund. - A. The fund may be used to pay for: (1)...
Section 27-5-8 - Repealed. - History: 1953 Comp., § 13-2-19, enacted by Laws 1965, ch....
Section 27-5-9 - Tax levies authorized. - A. Subject to the provisions of Subsection B of this...
Section 27-5-10 - Repealed. - History: 1953 Comp., § 13-2-22, enacted by Laws 1965, ch....
Section 27-5-11 - Qualifying hospital duties and reporting. - A. A qualifying hospital shall accept every indigent patient who...
Section 27-5-12 - Payment of claims. - A. A hospital, ambulance service or health care provider filing...
Section 27-5-12.1 - Appeal. - Any hospital or ambulance service aggrieved by any decision of...
Section 27-5-12.2 - Repealed. - History: Laws 1993, ch. 321, § 15; 2003, ch. 413,...
Section 27-5-13 - Repealed. - History: 1953 Comp., § 13-2-25, enacted by Laws 1965, ch....
Section 27-5-14 - Repealed. - History: 1953 Comp., § 13-2-26, enacted by Laws 1965, ch....
Section 27-5-15 - Repealed. - History: 1953 Comp., § 13-2-26.1, enacted by Laws 1971, ch....
Section 27-5-16 - Department; payments; cooperation; reporting. - A. The department shall not decrease the amount of any...
Section 27-5-17 - Repealed. - Repeals. — Laws 1986, ch. 20, § 136A repealed 27-5-17...
Section 27-5-18 - Repealed. - History: 1953 Comp., § 13-2-29, enacted by Laws 1965, ch....
Article 6 - Utility Supplements and Assistance
Section 27-6-1 to 27-6-10 - Deleted. - Compiler's notes. — Sections 27-6-1 to 27-6-10, the Utility Supplement...
Section 27-6-11 - Short title. - Chapter 27, Article 6 NMSA 1978 may be cited as...
Section 27-6-12 - Legislative intent and purpose. - It is the intent of the legislature and the purpose...
Section 27-6-13 - Administration of Low Income Utility Assistance Act. - A. As used in the Low Income Utility Assistance Act:...
Section 27-6-14 - Persons eligible for utility assistance. - A. Utility assistance supplements shall be paid to or on...
Section 27-6-15 - Utility assistance supplement program established; distribution to eligible recipients. - A. The department is authorized to establish a utility assistance...
Section 27-6-16 - Fund created. - There is created in the state treasury the "low income...
Section 27-6-17 - Utility service; procedures to follow prior to service being discontinued. - A. Unless requested by the customer, no gas or electric...
Section 27-6-18 - Repealed. - History: Laws 2005 (1st S.S.) ch. 2, § 2; repealed...
Section 27-6-18.1 - Prohibition on discontinuance or disconnection of utility service during the winter heating season; minimum payments; payment plans; exceptions. - A. Except as provided in Subsection C of this section,...
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...
Section 27-6A-2 - Purpose. - It is the purpose of the Low Income Water, Sewer...
Section 27-6A-3 - Definitions. - As used in the Low Income Water, Sewer and Solid...
Section 27-6A-4 - Low income assistance rates. - A utility may provide assistance in the form of reduced...
Section 27-6A-5 - Department cooperation. - Subject to state and federal statutes and regulations governing the...
Article 7 - Adult Protective Services
Section 27-7-1 to 27-7-13 - Repealed. - Repeals. — Laws 1989, ch. 389, § 20 repealed 27-7-1...
Section 27-7-14 - Short title. - Sections 27-7-14 through 27-7-31 NMSA 1978 may be cited as...
Section 27-7-15 - Legislative findings; purpose. - A. The legislature recognizes that many adults in the state...
Section 27-7-16 - Definitions. - As used in the Adult Protective Services Act: A. "ability...
Section 27-7-17 - Adult protective services system. - A. Subject to the availability of funds, the department shall...
Section 27-7-18 - Repealed. - History: Laws 1989, ch. 389, § 5; 1997, ch. 132,...
Section 27-7-19 - Department; duties; penalty. - A. The department shall: (1) develop, maintain and update as...
Section 27-7-20 - Repealed. - History: Laws 1989, ch. 389, § 7; 1990, ch. 79,...
Section 27-7-21 - Nature of protective services; costs. - A. Protective services are short-term services furnished by the department...
Section 27-7-22 - Repealed. - History: Laws 1989, ch. 389, § 9; 1990, ch. 79,...
Section 27-7-23 - Voluntary protective services; protective placement; penalty. - A. Any adult who has been abused, neglected or exploited...
Section 27-7-24 - Involuntary protective services and protective placement; penalty. - A. If an adult lacks the ability to consent to...
Section 27-7-25 - Ex-parte orders for emergency protective services or emergency protective placement; notice; petition. - A. Upon petition by the department, the court may issue...
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,...
Section 27-7-26 - Nonemergency protective services or protective placement; findings; petition; order. - A. Involuntary nonemergency protective services or protective placement shall not...
Section 27-7-27 - Hearing on petition. - A. The hearing on a petition for renewal of an...
Section 27-7-28 - Legal proceedings; filing. - For all legal proceedings called for in the Adult Protective...
Section 27-7-29 - Confidentiality of records; penalty. - A. All records of the department, the department's designee, including...
Section 27-7-30 - Duty to report; penalty. - A. Any person, including financial institutions, having reasonable cause to...
Section 27-7-31 - Immunity. - Any person making a report pursuant to Section 27-7-30 NMSA...
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...
Section 27-7A-2 - Definitions. - As used in the Employee Abuse Registry Act: A. "abuse"...
Section 27-7A-3 - Employee abuse registry. - A. The department shall establish an "employee abuse registry" of...
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...
Section 27-7A-5 - Adult protective services division report of abuse, neglect or exploitation. - A. The adult protective services division of the aging and...
Section 27-7A-6 - Placement on registry and hearing process. - A. If the department or the adult protective services division...
Section 27-7A-7 - Adoption of rules. - By January 1, 2006, the department of health and the...
Section 27-7A-8 - Penalties. - The department shall administer sanctions for a provider's failure to...
Article 8 - Community Action
Section 27-8-1 - Short title. - This act [27-8-1 to 27-8-9 NMSA 1978] may be cited...
Section 27-8-2 - Policy; purpose. - Although in recent years New Mexico has shown improvement in...
Section 27-8-3 - Definitions. - As used in the Community Action Act: A. "poverty level"...
Section 27-8-4 - Financial assistance for community action agencies. - A. The secretary may provide financial assistance to community action...
Section 27-8-5 - Community action agencies; designation; powers. - A. A community action agency is a political subdivision of...
Section 27-8-6 - Community action agencies; board; local participation. - A. Each community action agency shall administer its community action...
Section 27-8-7 - Community action programs. - Each community action agency shall use available funds for a...
Section 27-8-8 - Regulations. - The secretary shall adopt such rules and regulations as may...
Section 27-8-9 - Financial assistance; limitations. - The secretary, consistent with federal law, shall make grants of...
Article 9 - Community Care
Section 27-9-1 - Program; demonstrations. - The human services department, in cooperation with the department of...
Section 27-9-2 - Implementation. - The secretary of human services shall, by regulation, specify the...
Article 10 - Statewide Health Care
Section 27-10-1 - Short title. - Sections 1 through 4 [27-10-1 to 27-10-4 NMSA 1978] of...
Section 27-10-2 - Findings and purpose. - A. Access to health care reduces long-term medical and social...
Section 27-10-3 - County-supported medicaid fund created; use; appropriation by the legislature. - A. There is created in the state treasury the "county-supported...
Section 27-10-4 - Alternative revenue source to imposition of county health care gross receipts tax; transfer to county-supported medicaid fund. - A. In the event a county does not enact an...
Article 11 - Medicaid Providers
Section 27-11-1 - Short title. - Chapter 27, Article 11 NMSA 1978 may be cited as...
Section 27-11-2 - Definitions. - As used in the Medicaid Provider and Managed Care Act:...
Section 27-11-3 - Review of medicaid provider or managed care organization; contract remedies; penalties. - A. Consistent with the terms of any contract between the...
Section 27-11-4 - Retention and production of records. - A. Medicaid providers, managed care organizations and their subcontractors shall...
Section 27-11-5 - Rules. - The secretary shall adopt and promulgate rules appropriate to administer,...
Section 27-11-6 - Repealed. - History: Laws 2004, ch. 4, § 1; repealed by Laws...
Section 27-11-7 - Determination of overpayments or credible allegation of fraud; audit findings; sampling; extrapolation limited; notice of right to informal conference and expedited adjudicatory proceeding. - A. The department may audit a medicaid provider or subcontractor...
Section 27-11-8 - Informal conference; corrective action; requirements. - A. A medicaid provider or subcontractor seeking an informal conference...
Section 27-11-9 - Expedited adjudicatory proceedings; requirements. - A. A medicaid provider or subcontractor seeking an expedited adjudicatory...
Section 27-11-10 - Qualifications and selection of hearing officer for expedited adjudicatory proceedings. - A. The hearing officer presiding over the expedited adjudicatory proceeding...
Section 27-11-11 - Costs of expedited adjudicatory proceeding. - A. Each party shall be responsible for its own costs...
Section 27-11-12 - Rights of medicaid provider or subcontractor; preliminary or final determination of overpayment. - A. A medicaid provider or subcontractor may challenge: (1) the...
Section 27-11-13 - Release of suspended payment for services previously rendered; prepayment review; remedial training and education; temporary assistance. - A. The department shall direct the release of a suspended...
Section 27-11-14 - Maintenance of services; payment for ongoing services. - A. Following the referral of a medicaid provider or subcontractor...
Section 27-11-15 - Disposition of recovered medicaid funds. - A. Overpayments collected pursuant to the Medicaid Provider and Managed...
Section 27-11-16 - Credible allegation of fraud; judicial review; substantial evidence required. - A. A credible allegation of fraud determination by the department...
Section 27-11-17 - Award of costs, fees and interest. - A. If a medicaid provider or subcontractor is the prevailing...
Section 27-11-18 - Applicability of Administrative Procedures Act. - A. The department shall be subject to Sections 12-8-2, 12-8-10...
Article 12 - Child Health (Repealed.)
Section 27-12-1 to 27-12-7 - Repealed. - Repeals. — Laws 1998, ch. 52, § 9 repealed 27-12-1...
Article 13 - Consumer Direction
Section 27-13-1 - Short title. - This act [27-13-1 to 27-13-6 NMSA 1978] may be cited...
Section 27-13-2 - Purpose. - The purpose of the Consumer Direction Act is to ensure...
Section 27-13-3 - Definitions. - As used in the Consumer Direction Act: A. "attendant" means...
Section 27-13-4 - Consumer direction programs authorized. - Consistent with the federal Social Security Act and subject to...
Section 27-13-5 - Department duties. - A department shall: A. establish by rule the criteria and...
Section 27-13-6 - Report. - Annually by October 1, each department shall deliver a report...
Section 27-13-7 - Fiscal intermediary; exemptions; workers' compensation. - A. A fiscal intermediary shall not be subject to vicarious...
Article 14 - Medicaid False Claims Act
Section 27-14-1 - Short title. - This [act] may be cited as the "Medicaid False Claims...
Section 27-14-2 - Purpose. - The purpose of the Medicaid False Claims Act is to...
Section 27-14-3 - Definitions. - As used in the Medicaid False Claims Act: A. "claim"...
Section 27-14-4 - False claims against the state; liability for certain acts. - A person commits an unlawful act and shall be liable...
Section 27-14-5 - Documentary material in possession of state agency. - A. The department shall have access to all documentary materials...
Section 27-14-6 - Immunity. - Notwithstanding any other law, a person is not civilly or...
Section 27-14-7 - Civil action for false claims. - A. The department shall diligently investigate suspected violations. If the...
Section 27-14-8 - Rights of the parties to qui tam actions. - A. If the department proceeds with the action, it shall...
Section 27-14-9 - Award to qui tam plaintiff. - A. If the department proceeds with an action brought by...
Section 27-14-10 - Certain actions barred. - A. A court shall not have jurisdiction of an action...
Section 27-14-11 - Department not liable for certain expenses. - The department shall not be liable for expenses that a...
Section 27-14-12 - Employee protection. - Any employee who is discharged, demoted, suspended, threatened, harassed or...
Section 27-14-13 - False claims and reporting procedure. - A. A civil action shall be brought within the limitations...
Section 27-14-14 - Application of other law. - The application of a civil remedy pursuant to this law...
Section 27-14-15 - Use of funds. - A. Damages collected pursuant to the Medicaid False Claims Act...
Article 15 - Money Follows the Person in New Mexico
Section 27-15-1 - Short title. - This act [27-15-1 to 27-15-5 NMSA 1978] may be cited...
Section 27-15-2 - Definition. - As used in the Money Follows the Person in New...
Section 27-15-3 - Community-based living; choice of options. - An elderly or disabled individual who is identified and assessed...
Section 27-15-4 - Information. - The department shall identify and provide adequate information to a...
Section 27-15-5 - Quality improvement. - The department shall develop and implement a quality improvement system...