The department shall waive the application of the provisions of the Medicaid Estate Recovery Act if application of the provisions would work an undue hardship as determined pursuant to regulations adopted and promulgated by the secretary of human services. The regulations shall include a provision for special consideration when an asset subject to recovery is the sole income-producing asset or is a homestead of modest value.
History: Laws 1994, ch. 87, § 6.
Structure New Mexico Statutes
Chapter 27 - Public Assistance
Article 2A - Medicaid Estate Recovery
Section 27-2A-1 - Short title.
Section 27-2A-2 - Purpose of act.
Section 27-2A-3 - Definitions.
Section 27-2A-4 - Department to seek recovery of medical assistance payments restriction.
Section 27-2A-5 - Administration; recovery from estates.
Section 27-2A-6 - Hardship waiver.
Section 27-2A-7 - Restrictions on recovery from estates.
Section 27-2A-8 - Due process.
Section 27-2A-9 - Department exempt from bond requirement for personal representative.