Any recovery from an estate may be made only after the death of the decedent's surviving spouse, if any, and only at a time when the decedent has no surviving child who is less than twenty-one years of age or is blind or disabled as defined in 42 U.S.C. 1383C.
History: Laws 1994, ch. 87, ยง 7.
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.