A. For the purpose of making disbursements and distributions pursuant to this section, the "human services department reimbursement suspense fund" is created in the state treasury.
B. When pursuing a claim arising under Section 27-2-23 or 27-2-28 NMSA 1978, in addition to other available alternatives, the department may contract with a person to represent the department on a contingent fee basis if the contract:
(1) is approved by the attorney general;
(2) provides that all amounts received by the contractor as satisfaction of the claim shall be transferred to the department and deposited into the human services department reimbursement suspense fund to the credit of the department; and
(3) provides that, upon the direction of the secretary of human services, the compensation due to the contractor shall be disbursed from the suspense fund to the contractor.
C. After a disbursement to a contractor pursuant to Paragraph (3) of Subsection B of this section, the balance of each deposit into the human services department reimbursement suspense fund shall be distributed to the general fund and shall be appropriated to the department for the purpose of reimbursing the department for the public assistance from which the claim arose and, if required, for reimbursing the federal government.
History: Laws 2010, ch. 80, § 1.
Emergency clauses. — Laws 2010, ch. 80, § 21 contained an emergency clause and was approved March 8, 2010.
Structure New Mexico Statutes
Chapter 27 - Public Assistance
Article 2 - Public Assistance Act
Section 27-2-3 - Standard of need; income determination.
Section 27-2-4 - Eligibility requirements.
Section 27-2-6.1 - Supplemental postnatal assistance.
Section 27-2-7 - General assistance program; qualifications and payments.
Section 27-2-7.1 - Eligible person entitled to information.
Section 27-2-9 - Payment for hospital care.
Section 27-2-9.1 - Administration of shelter care supplement.
Section 27-2-10 - Food stamp program.
Section 27-2-11 - Scope of assistance programs.
Section 27-2-12 - Medical assistance programs.
Section 27-2-12.2 - Medical assistance program; eligibility of married individuals.
Section 27-2-12.6 - Medicaid payments; managed care.
Section 27-2-12.8 - Mammograms for medicaid recipients.
Section 27-2-12.9 - Medicaid; personal spending allowances; increases.
Section 27-2-12.10 - Clinical nurse specialists.
Section 27-2-12.11 - Prescription drug waiver program; purpose; eligibility.
Section 27-2-12.12 - Human services department; managed care contract credentialing provisions.
Section 27-2-12.13 - Medicaid reform; program changes.
Section 27-2-12.14 - Brain injury; services authorized.
Section 27-2-12.20 - Crisis triage center; medical assistance reimbursement.
Section 27-2-12.21 - Medical assistance; pharmacy benefits; prescription synchronization.
Section 27-2-12.24 - Medical assistance; plan of care; participation required.
Section 27-2-12.25 - Prior authorization for gynecological or obstetrical ultrasounds prohibited.
Section 27-2-12.28 - Medical assistance; autism spectrum disorder.
Section 27-2-12.30 - Pharmacist prescriptive authority services; reimbursement parity.
Section 27-2-12.31 - Heart artery calcium scan coverage.
Section 27-2-13 - Conflict in federal and state laws.
Section 27-2-14 - Continuing effect of regulations and standards.
Section 27-2-15 - Cooperation with United States.
Section 27-2-16 - Compliance with federal law.
Section 27-2-17 - Custodian of funds.
Section 27-2-18 to 27-2-20 - Repealed.
Section 27-2-21 - Assistance not assignable.
Section 27-2-23 - Third party liability.
Section 27-2-24 - [Federal government entitled to share recovery.]
Section 27-2-25 - Funeral expenses.
Section 27-2-26 - Money received from other sources; duty and liability of funeral director.
Section 27-2-27 - Single state agency; powers and duties.
Section 27-2-28 - Liability for repayment of public assistance.
Section 27-2-29.1 - Compensation under contingent fee contracts; suspense fund created.
Section 27-2-30 - [Enforcement of support;] orders.
Section 27-2-31 - Judgments and proceeds.
Section 27-2-32 - Duty of agencies to cooperate.
Section 27-2-34 - Limitations of act.
Section 27-2-35 to 27-2-40 - Repealed.
Section 27-2-41 - Short title.
Section 27-2-42 - Legislative findings; purpose.
Section 27-2-43 - Definitions.
Section 27-2-44 - Indigent catastrophic illness hospital fund created.
Section 27-2-45 - Hospitals; claims for payment.