Chapter 27 — Chapter 27

Nothing in the Public Assistance Act [27-2-1 NMSA 1978] or the Fair Hearing Act shall be construed as authorizing or allowing expenditures for the affected programs in excess of the amounts previously appropriated by the legislature for such programs. History: Laws 1991, ch. 155,…

Chapter 27, Article 4 NMSA 1978 may be cited as the "Special Medical Needs Act". History: 1953 Comp., § 13-15-1, enacted by Laws 1973, ch. 311, § 1; 1978 Comp., § 27-4-1; 2024, ch. 39, § 97.

As used in the Special Medical Needs Act: A. "department" or "division" means the income support division of the health care authority; B. "board" means the division; C. "aged person" means a person who has attained the age of sixty-five years and does not have a spouse financial…

A. The division shall by regulation establish a program to provide essential medical care for persons who are elderly or blind or who have a disability and who are not eligible for public assistance under the Public Assistance Act [27-2-1 NMSA 1978] and who have a serious medical…

A. Standard of need for purposes of the Special Medical Needs Act [27-4-1 NMSA 1978] shall be determined in accordance with regulations adopted by the board. B. The board shall define by regulation exempt and nonexempt income and resources. Medical expenses shall not be deducted …

A person is eligible for medical care under the Special Medical Needs Act [27-4-1 NMSA 1978] if: A. pursuant to Section 27-4-4 NMSA 1978, the total amount of his nonexempt income is less than the applicable standard of need; and B. nonexempt specific and total resources are less …

Chapter 27, Article 5 NMSA 1978 may be cited as the "Indigent Hospital and County Health Care Act". History: 1953 Comp., § 13-2-12, enacted by Laws 1965, ch. 234, § 1; 1993, ch. 321, § 1.

History: 1953 Comp., § 13-2-22, enacted by Laws 1965, ch. 234, § 11; repealed by Laws 2014, ch. 79, § 22.

A. A qualifying hospital shall accept every indigent patient who seeks health care services from the qualifying hospital. B. Qualifying hospitals shall: have written financial assistance policies that are publicized. D. [C.] Within thirty days of receiving a payment from the safe…

A. A hospital, ambulance service or health care provider filing a claim with the county shall: (1) file the claim with the county in which the indigent patient is domiciled; (2) file the claim for each patient separately, with an itemized detail of the total cost; and (3) file wi…

Any hospital or ambulance service aggrieved by any decision of the county may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1978 Comp., § 27-5-12.1, enacted by Laws 1979, ch. 146, § 3; 1983, ch. 234, § 6; 1998, ch. 55, § 38; 1999,…

History: Laws 1993, ch. 321, § 15; 2003, ch. 413, § 5; 2012, ch. 18, § 3; repealed by Laws 2014, ch. 79, § 22.

History: 1953 Comp., § 13-2-25, enacted by Laws 1965, ch. 234, § 14; 1978, ch. 123, § 3; 1983, ch. 234, § 7; repealed by Laws 2014, ch. 79, § 22.

History: 1953 Comp., § 13-2-26, enacted by Laws 1965, ch. 234, § 15; 1975, ch. 178, § 1; 1987, ch. 88, § 4; 1993, ch. 321, § 12; repealed by Laws 2014, ch. 79, § 22.

History: 1953 Comp., § 13-2-26.1, enacted by Laws 1971, ch. 72, § 2; 1975, ch. 178, § 2; repealed by Laws 2014, ch. 79, § 22.

A. The authority shall not decrease the amount of any assistance payments made to the hospitals or health care providers of this state pursuant to law because of any financial reimbursement made to ambulance services, hospitals or health care providers for indigent or medicaid el…

ANNOTATIONS Repeals. — Laws 1986, ch. 20, § 136A repealed 27-5-17 NMSA 1978, as amended by Laws 1975, ch. 44, § 2, relating to exclusion of class A counties from the provisions of the Indigent Hospital Claims Act, effective July 1, 1986.

History: 1953 Comp., § 13-2-29, enacted by Laws 1965, ch. 234, § 20; 1993, ch. 321, § 14; repealed by Laws 2014, ch. 79, § 22.

The purpose of the Indigent Hospital and County Health Care Act is: A. to recognize that each individual county of this state is the responsible agency for ambulance transportation, hospital care or the provision of health care to indigent patients domiciled in that county, as de…

A. A hospital shall not be paid from the fund under the Indigent Hospital and County Health Care Act for costs of an indigent patient for services that have been determined by the department to be eligible for medicaid reimbursement. B. No action for collection of claims under th…

As used in the Indigent Hospital and County Health Care Act: A. "ambulance provider" or "ambulance service" means a specialized carrier based within the state authorized under provisions and subject to limitations as provided in individual carrier certificates issued by the depar…

History: 1953 Comp., § 13-2-15.1, enacted by Laws 1978, ch. 123, § 2; repealed by Laws 2012, ch. 18, § 4.

History: 1953 Comp., § 13-2-16, enacted by Laws 1965, ch. 234, § 5; 1993, ch. 321, § 5; repealed by Laws 2014, ch. 79, § 22.

Every county in New Mexico shall file an annual report on all indigent health care funding by the county with the commission. The report shall contain the county's eligibility criteria for indigent patients, services provided to indigent patients, restrictions on services provide…

Qualifying hospitals and hospitals with which a county contracts to provide for the services of indigent patients shall provide those services for indigent patients, including financial assistance, to all non-citizens, regardless of immigration status, if they meet all other qual…

A county: A. may budget for expenditure on ambulance services, burial expenses, hospital or medical expenses for indigent residents of that county and for costs of development of a countywide or multicounty health plan. The combined costs of administration and planning shall not …

A. The "safety net care pool fund" is created as a nonreverting fund in the state treasury. The safety net care pool fund, which shall be administered by the authority, shall consist of public money provided through intergovernmental transfers from counties or other public entiti…

A. A county shall, by ordinance to be effective July 1, 2014, dedicate to the safety net care pool fund an amount equal to a gross receipts tax rate of one-twelfth percent applied to the taxable gross receipts reported during the prior fiscal year by persons engaging in business …

A. There is created in the county treasury of each county a "health care assistance fund". B. Collections under the levy made pursuant to the Indigent Hospital and County Health Care Act and all payments shall be placed into the fund, and the amount placed in the fund shall be bu…

the fund. A. The fund may be used to pay for: (1) expenses of burial or cremation of an indigent person; (2) ambulance transportation, hospital care and health care services for indigent patients; (3) all or a portion of the: (a) monthly premiums of public or private health insur…

History: 1953 Comp., § 13-2-19, enacted by Laws 1965, ch. 234, § 8; 1993, ch. 321, § 8; repealed by Laws 2014, ch. 79, § 22.

A. Subject to the provisions of Subsection B of this section, the board of county commissioners, upon the certification of the county as to the amount needed to provide health care to indigent residents of the county or to support the state's medicaid program, shall impose a levy…

Chapter 27, Article 6 NMSA 1978 may be cited as the "Low Income Utility Assistance Act". History: Laws 1979, ch. 290, § 1; 2009, ch. 232, § 1.

It is the intent of the legislature and the purpose of the Low Income Utility Assistance Act to assist indigent residents to meet the increased costs for gas and electrical utilities, liquefied petroleum fuel, wood and coal to the maximum extent possible, particularly the cost of…

A. As used in the Low Income Utility Assistance Act: (1) "authority" or "department" means the health care authority; and (2) "utility" means a publicly, privately or municipally owned utility or a distribution cooperative utility for the rendition of electric power or gas. B. Th…

A. Utility assistance supplements shall be paid to or on behalf of those persons who are determined to be eligible by rule of the authority. B. The authority shall determine the amount of payment to be made; provided that no payment shall be made if a payment for the same service…

distribution to eligible recipients. A. The authority is authorized to establish a utility assistance supplement program for purposes of the Low Income Utility Assistance Act. B. Beginning on July 1, 1980 and each year thereafter, the authority shall pay utility assistance supple…

The "low income utility assistance fund" is created in the state treasury. Payments shall be made from the low income utility assistance fund upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of health care authority. …

discontinued. A. Unless requested by the customer, no gas or electric utility shall discontinue service to any residential customer for nonpayment during the period from November 15 through March 15 unless the following procedures are followed: (1) at least fifteen days prior to …

History: Laws 2005 (1st S.S.) ch. 2, § 2; repealed by Laws 2007, ch. 231, § 2.

service during the winter heating season; minimum payments; payment plans; exceptions. A. Except as provided in Subsection C of this section, unless requested by the customer, no utility shall discontinue or disconnect service to a residential customer during the heating season f…

Chapter 27, Article 6A NMSA 1978 may be cited as the "Low Income Water, Sewer and Solid Waste Service Assistance Act". History: Laws 1993, ch. 206, § 1; 2024, ch. 39, § 108.

It is the purpose of the Low Income Water, Sewer and Solid Waste Service Assistance Act: A. to assure that water, sewer or solid waste user rate increases do not force many low-income individuals to discontinue necessary water, sewer or solid waste service; and B. to increase the…

As used in the Low Income Water, Sewer and Solid Waste Service Assistance Act: A. "authority" or "department" means the health care authority; and B. "utility" means any individual, firm, partnership, company, district, including solid waste district, water and sanitation distric…

A utility may provide assistance in the form of reduced or subsidized rates to or on behalf of those individuals who meet the eligibility criteria of one or more need-based assistance programs administered by the department and who are not living in nursing homes or intermediate …

Subject to state and federal statutes and rules governing the sharing of confidential information, the authority shall cooperate with a participating utility in identifying those persons eligible for assistance in accordance with the Low Income Water, Sewer and Solid Waste Servic…

Sections 27-7-14 through 27-7-31 NMSA 1978 may be cited as the "Adult Protective Services Act". History: Laws 1989, ch. 389, § 1; 1990, ch. 79, § 1.

A. The legislature recognizes that many adults in the state are unable to manage their own affairs or protect themselves from abuse, neglect or exploitation. The legislature further recognizes that the state should protect adults by providing for the detection, correction and eli…

As used in the Adult Protective Services Act: A. "ability to consent" means an adult's ability to understand and appreciate the nature and consequences of proposed protective services or protective placement, including benefits, risks and alternatives to the proposed services or …

A. Subject to the availability of funds, the department shall develop a coordinated system of protective services or protective placement for incapacitated or protected adults who have been abused, neglected or exploited. In planning this system, the department shall obtain the a…