Chapter 27 — Chapter 27

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,…

When the department determines it will seek to recover from an estate, it shall give written notice of that intent to the personal representative or successor in interest of the estate or the individual. History: Laws 1994, ch. 87, § 8.

representative. If the department seeks appointment as a personal representative of a decedent to enforce its rights as a creditor of the decedent pursuant to the provisions of the Medicaid Estate Recovery Act, it is exempt from any requirement for posting a bond. History: Laws 1…

Chapter 27, Article 2B NMSA 1978 may be cited as the "New Mexico Works Act". History: Laws 1998, ch. 8, § 1; 1998, ch. 9, § 1; 2009, ch. 186, § 1.

A participant may establish an individual development account pursuant to the Individual Development Account Act [58-30-1 NMSA 1978]. History: Laws 1998, ch. 8, § 10 and Laws 1998, ch. 9, § 10; 2003, ch. 362, § 14; 2006, ch. 96, § 16; 2007, ch. 349, § 16.

A. The following are ineligible to be members of a benefit group: (1) an inmate or patient of a nonmedical institution; (2) a person who, in the two years preceding application, assigned or transferred real property unless the person: (a) received or receives a reasonable return;…

Subject to the availability of federal and state funds, a benefit group that is not receiving cash assistance but has an income less than one hundred percent of the federal poverty guidelines may be eligible to receive services. History: Laws 1998, ch. 8, § 12 and Laws 1998, ch. …

A. A participant may request a hearing if: (1) an application is not acted on within a reasonable time after the filing of the application; (2) an application is denied in whole or in part; or (3) the cash assistance or services are modified, terminated or not provided. B. The de…

A. The department shall sanction a member of a benefit group for noncompliance with work requirements or child support requirements. B. The sanction shall be applied at the following levels: (1) twenty-five percent reduction of cash assistance for the first occurrence of noncompl…

A. The following are eligible for medicaid: (1) a participant who is in transition to self-sufficiency due to employment or child support; (2) a pregnant woman who meets the income and resource requirements for New Mexico's aid to families with dependent children as they existed …

An immigrant may be eligible to receive cash assistance and services if the immigrant is: A. from one of the classes of immigrants defined in the federal act who entered the United States prior to August 22, 1996; or B. a qualified immigrant as defined in the federal act who ente…

A. Pursuant to the federal act, the department shall establish and enforce rules governing the custody, use and preservation of the records, papers, files and communications to restrict the use or disclosure of information contained in those documents concerning participants. B. …

The governor shall make the certifications mandated by the federal act. History: Laws 1998, ch. 8, § 18 and Laws 1998, ch. 9, § 18.

A. The department may administer a wage subsidy program based on availability of federal and state funds. B. The wage subsidy program shall include the following requirements: (1) participating employers shall hire participants who receive cash assistance for subsidized job slots…

A. The legislature finds that: (1) the poverty rate in New Mexico is the highest in the nation and has exceeded more than twenty percent of the population for most of the past twenty-five years; (2) having a job does not provide a guarantee of avoiding poverty as demonstrated by …

ANNOTATIONS Repeals. — Laws 1999, ch. 151 § 1 repealed 27-2B-20 NMSA 1978, as enacted by Laws 1998, ch. 8, § 20 and Laws 1998, ch. 9, § 20, relating to child support trusts, effective June 18, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. ARTI…

As used in the New Mexico Works Act: A. "applicant" means a person applying for cash assistance on behalf of a benefit group; B. "benefit group" means a pregnant woman or a group of people that includes a dependent child, all of that dependent child's full, half or adopted siblin…

responsibility plans; participation agreement; review periods. A. Application for cash assistance or services shall be made to the department. The application shall be in writing or reduced to writing in the manner and on the form prescribed by the department. The application sha…

A. The following qualify as work activities: (1) unsubsidized employment, including self-employment; (2) subsidized private sector employment, including self-employment; (3) subsidized public sector employment; (4) work experience; (5) on-the-job training; (6) job search and job …

A. For the purposes of the Workers' Compensation Act [52-1-1 NMSA 1978]: (1) cash assistance and services paid to participants engaged in any work activity described in Section 27-2B-5 NMSA 1978 shall not be considered wages and shall not be deemed to create an employer-employee …

The department and the state department of public education may establish a work program for participants to engage in a work activity pursuant to Subsection A of Section 27-2B-5 NMSA 1978 at public schools. History: Laws 1999, ch. 27, § 1.

A. Pursuant to the federal act, on or after July 1, 1997 a participant may receive federally funded cash assistance or state-funded cash assistance and services pursuant to the New Mexico Works Act for up to sixty months. B. During a participant's semiannual review, the departmen…

A. The secretary shall adopt a financial standard of need based upon the availability of federal and state funds and based upon appropriations by the legislature of the available federal temporary assistance for needy families grant made pursuant to the federal act in the followi…

History: Laws 2003, ch. 160, § 1; repealed by Laws 2007, ch. 350, § 11.

A. Liquid and nonliquid resources owned by the benefit group shall be counted in the eligibility determination. B. A benefit group may at a maximum own the following resources: (1) two thousand dollars ($2,000) in nonliquid resources; (2) one thousand five hundred dollars ($1,500…

If a minor member of a benefit group has three unexcused absences from school during a grading period, his parent shall notify the department of the absences within fourteen days. The department may impose a sanction on the benefit group that reduces the cash assistance by the am…

Chapter 27, Article 2C NMSA 1978 may be cited as the "Pharmaceutical Supplemental Rebate Act". History: Laws 2002, ch. 105, § 1; 2024, ch. 39, § 89.

As used in the Pharmaceutical Supplemental Rebate Act: A. "authority" or "department" means the health care authority; B. "labeler" means a person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a la…

A. The department shall develop or implement a formulary or preferred drug list, taking into consideration the clinical efficacy, safety and cost effectiveness of a product. B. The department shall ensure that the administration or delivery of health care services and products un…

A. The secretary shall negotiate discount prices or rebates for prescription drugs from drug manufacturers and labelers that include supplemental rebates for the medicaid program over and above those required under 42 U.S.C. 1396r-8. B. In negotiating rebate terms, the secretary …

The department shall report the savings from the pharmaceutical supplemental rebates for the preceding fiscal year to the legislative health and human services committee by November 1 of each year. History: Laws 2002, ch. 105, § 5.

When the secretary finds that it is beneficial to the medicaid program and another state program to combine drug pricing negotiations to maximize drug rebates, the secretary may do so. History: Laws 2002, ch. 105, § 6.

The department shall adopt rules to implement the provisions of the Pharmaceutical Supplemental Rebate Act [27-2C-1 NMSA 1978]. History: Laws 2002, ch. 105, § 7.

The department shall seek any waivers of federal law or rule necessary to implement the provisions of the Pharmaceutical Supplemental Rebate Act [27-2C-1 NMSA 1978]. History: Laws 2002, ch. 105, § 8.

Chapter 27, Article 2D NMSA 1978 may be cited as the "Education Works Act". History: Laws 2003, ch. 317, § 1; 2009, ch. 186, § 4.

As used in the Education Works Act: A. "applicant" means a person applying for cash assistance on behalf of a benefit group; B. "benefit group" means a pregnant woman or a group of people that includes a dependent child, all of that dependent child's full, half, step- or adopted …

education plan; review periods. A. Application for cash assistance or services shall be made to the department. The application shall be in writing or reduced to writing in the manner and on the form prescribed by the department. The application shall be made under oath by an app…

requirements. A. A person is eligible to receive education works services or cash assistance if the person demonstrates that: (1) the person has been accepted or has been determined to be eligible to enroll in a two- or four-year post-secondary or graduate or post-graduate degree…

A. The secretary shall adopt a financial standard of need based upon the availability of state funds. B. The following income sources are exempt from the gross income test, the net income test and the cash payment calculation: (1) medicaid; (2) food stamps; (3) government-subsidi…

A. Liquid and nonliquid resources owned by the benefit group shall be counted in the eligibility determination. B. A benefit group may at a maximum own the following resources: (1) two thousand dollars ($2,000) in nonliquid resources; (2) one thousand five hundred dollars ($1,500…

A. The following are ineligible to be members of a benefit group: (1) an inmate or patient of a nonmedical institution; (2) a person who, in the two years preceding application, assigned or transferred real property unless he: (a) received or receives a reasonable return; (b) att…

A. A recipient may request a hearing if: (1) an application is not acted on within a reasonable time after the filing of the application; (2) an application is denied in whole or in part; or (3) the cash assistance or services are modified, terminated or not provided. B. The depa…

A. To maintain satisfactory participation in the education works program, a recipient shall be a full-time student as defined by the school that the recipient attends. B. A recipient may demonstrate good cause for failure to maintain satisfactory participation in the education wo…

A. A person who manufactures a prescription drug, including a generic prescription drug, that is sold in New Mexico shall file with the health care authority: (1) the average manufacturer price for the drug; (2) the price that each wholesaler or pharmacy benefit manager doing bus…

A. It is unlawful for an employee, former employee, contractor or former contractor of the health care authority to reveal to another person, except to another employee or contractor of the authority as required by the employee's or contractor's duties or responsibilities or by s…

The office of the attorney general may take action to investigate and enforce the requirements of Sections 27-2E-1 and 27-2E-2 NMSA 1978. History: Laws 2003, ch. 381, § 3; 2024, ch. 39, § 94.

Chapter 27, Article 3 NMSA 1978 may be cited as the "Public Assistance Appeals Act". History: 1953 Comp., § 13-18-1, enacted by Laws 1973, ch. 256, § 1; 1978 Comp., § 27-3-1; 2024, ch. 39, § 95.

As used in the Public Assistance Appeals Act: A. "authority" or "department" means the income support division or the medical assistance division of the health care authority; B. "board" means the income support division or the medical assistance division of the authority; and C.…

A. An applicant for or recipient of assistance or services under any provisions of the Public Assistance Act [27-2-1 NMSA 1978], Social Security Act or Special Medical Needs Act [Chapter 27, Article 4 NMSA 1978] or regulations of the board adopted pursuant to those acts may reque…

Within thirty days after receiving written notice of the decision of the director pursuant to Section 27-3-3 NMSA 1978, an applicant or recipient may file a notice of appeal with the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 1…