259 sections in this chapter.
NMSA 1978, § 27-5-16 Authority; payments; cooperation; reporting
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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…
NMSA 1978, § 27-5-2 Purpose of Indigent Hospital and County Health Care Act
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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…
NMSA 1978, § 27-5-3 Public assistance provisions
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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…
NMSA 1978, § 27-5-4 Definitions
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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…
NMSA 1978, § 27-5-5.1 Indigent health care report; required
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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…
NMSA 1978, § 27-5-5.2 Nondiscrimination; indigent patients
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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…
NMSA 1978, § 27-5-6 Powers and duties of counties relating to indigent care
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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 …
NMSA 1978, § 27-5-6.1 Safety net care pool fund created
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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…
NMSA 1978, § 27-5-6.2 Transfer to safety net care pool fund
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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 …
NMSA 1978, § 27-5-7 Health care assistance fund
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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…
NMSA 1978, § 27-5-7.1 County health care assistance fund; authorized uses of
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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…
NMSA 1978, § 27-5-9 Tax levies authorized
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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…
NMSA 1978, § 27-6-11 Short title
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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.
NMSA 1978, § 27-6-12 Legislative intent and purpose
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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…
NMSA 1978, § 27-6-13 Administration of Low Income Utility Assistance Act
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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…
NMSA 1978, § 27-6-14 Persons eligible for utility assistance
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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…
NMSA 1978, § 27-6-15 Utility assistance supplement program established;
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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…
NMSA 1978, § 27-6-16 Fund created
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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. …
NMSA 1978, § 27-6-17 Utility service; procedures to follow prior to service being
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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 …
NMSA 1978, § 27-6-18.1 Prohibition on discontinuance or disconnection of utility
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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…
NMSA 1978, § 27-6A-1 Short title
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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.
NMSA 1978, § 27-6A-2 Purpose
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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…
NMSA 1978, § 27-6A-3 Definitions
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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…
NMSA 1978, § 27-6A-4 Low income assistance rates
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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 …
NMSA 1978, § 27-6A-5 Authority cooperation
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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…
NMSA 1978, § 27-7-14 Short title
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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.
NMSA 1978, § 27-7-15 Legislative findings; purpose
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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…
NMSA 1978, § 27-7-16 Definitions
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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 …
NMSA 1978, § 27-7-17 Adult protective services system
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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…
NMSA 1978, § 27-7-19 Department; duties; penalty
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A. The department shall: (1) develop, maintain and update as needed a process to receive a report or referral of suspected abuse, neglect or exploitation of an adult; (2) assess an adult and the adult's situation to determine what immediate protective services or protective place…
NMSA 1978, § 27-7-21 Nature of protective services; costs
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A. Protective services are short-term services furnished by the department or under arrangement through the department to an incapacitated or protected adult who has been abused, neglected or exploited and with the adult's consent or appropriate legal authority. B. The protective…
NMSA 1978, § 27-7-23 Voluntary protective services; protective placement;
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penalty. A. Any adult who has been abused, neglected or exploited and is in need of protective services or protective placement as determined by the department and who consents to those services or placement shall receive them. If the adult withdraws or refuses consent, voluntary…
NMSA 1978, § 27-7-24 Involuntary protective services and protective placement;
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penalty. A. If an adult lacks the ability to consent to receive protective services or protective placement, those services or placement may be ordered by a court on an involuntary basis through an emergency order pursuant to the Adult Protective Services Act or through appointme…
NMSA 1978, § 27-7-25 Ex-parte orders for emergency protective services or
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emergency protective placement; notice; petition. A. Upon petition by the department, the court may issue an order authorizing the provision of involuntary protective services or protective placement on an emergency basis to an adult under the criteria set forth in Subsection B o…
NMSA 1978, § 27-7-25.1 Emergency protective placement by a law enforcement
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officer without a court order. A. When, from personal observation of a law enforcement officer, it appears probable that an incapacitated adult will suffer immediate and irreparable physical injury or death if not immediately placed in a facility, that the adult is unable to give…
NMSA 1978, § 27-7-26 Nonemergency protective services or protective
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placement; findings; petition; order. A. Involuntary nonemergency protective services or protective placement shall not take place unless ordered by a court after a finding on the record based on clear and convincing evidence that: (1) the adult is incapacitated and lacks the abi…
NMSA 1978, § 27-7-27 Hearing on petition
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A. The hearing on a petition for renewal of an emergency ex-parte order for protective services or protective placement or for an order for nonemergency protective services or protective placement shall be held under the following conditions: (1) the adult shall be present unless…
NMSA 1978, § 27-7-28 Legal proceedings; filing
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For all legal proceedings called for in the Adult Protective Services Act, attorneys for the department or the district attorney's office shall file all proceedings on behalf of the petitioner. History: Laws 1989, ch. 389, § 15.
NMSA 1978, § 27-7-29 Confidentiality of records; penalty
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A. All records of the department, the department's designee, including a multidisciplinary team, the court and state and local agencies that are created or maintained pursuant to investigations under the Adult Protective Services Act or for whom application has ever been made for…
NMSA 1978, § 27-7-30 Duty to report; penalty
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A. Any person, including financial institutions, having reasonable cause to believe that an incapacitated adult is being abused, neglected or exploited shall immediately report that information to the department. B. The report required in Subsection A of this section may be made …
NMSA 1978, § 27-7-31 Immunity
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Any person making a report pursuant to Section 27-7-30 NMSA 1978, testifying in any judicial proceeding arising from the report or participating in a required evaluation pursuant to the Adult Protective Services Act or any law enforcement officer carrying out his responsibilities…
NMSA 1978, § 27-7A-1 Short title
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This act [27-7A-1 to 27-7A-8 NMSA 1978] may be cited as the "Employee Abuse Registry Act". History: Laws 2005, ch. 256, § 1.
NMSA 1978, § 27-7A-2 Definitions
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As used in the Employee Abuse Registry Act: A. "abuse" means: (1) knowingly, intentionally or negligently and without justifiable cause inflicting physical pain, injury or mental anguish; or (2) the intentional deprivation by a caretaker or other person of services necessary to m…
NMSA 1978, § 27-7A-3 Employee abuse registry
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A. The department shall establish an "employee abuse registry" of employees and enter into the registry names of employees with substantiated abuse, neglect or exploitation charges as determined by the department pursuant to the Employee Abuse Registry Act. B. Before a provider h…
NMSA 1978, § 27-7A-4 Investigation and substantiation of abuse, neglect or
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exploitation by the department. A. In addition to other actions required by law, the department shall review all reports of abuse, neglect or exploitation against employees of providers that are licensed by or under contract with the department and shall investigate such reports …
NMSA 1978, § 27-7A-5 Adult protective services division report of abuse, neglect
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or exploitation. A. The adult protective services division of the aging and long-term services department shall investigate allegations of abuse, neglect and exploitation consistent with its statutory responsibilities. B. If the adult protective services division determines that …
NMSA 1978, § 27-7A-6 Placement on registry and hearing process
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A. If the department or the adult protective services division of the aging and long- term services department determines that abuse, neglect or exploitation by an employee has occurred, the department making that determination shall notify the employee and the provider, in perso…
NMSA 1978, § 27-7A-7 Adoption of rules
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By January 1, 2006, the department of health and the aging and long-term services department shall jointly establish and adopt rules necessary to carry out the provisions of the Employee Abuse Registry Act, including procedures for determining abuse, neglect and exploitation that…
NMSA 1978, § 27-7A-8 Penalties
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The department shall administer sanctions for a provider's failure to comply with the Employee Abuse Registry Act, including a directed plan of correction or civil monetary penalty not to exceed five thousand dollars ($5,000) per instance. History: Laws 2005, ch. 256, § 8.
NMSA 1978, § 27-8-1 Short title
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Chapter 27, Article 8 NMSA 1978 may be cited as the "Community Action Act". History: Laws 1983, ch. 139, § 1; 2024, ch. 39, § 111.