Chapter 27 — Chapter 27

History: Laws 1989, ch. 389, § 5; 1997, ch. 132, § 4; repealed Laws 2005, ch. 321, § 14.

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…

History: Laws 1989, ch. 389, § 7; 1990, ch. 79, § 3; 1997, ch. 132, § 6; 2007, ch. 91, § 14.

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…

History: Laws 1989, ch. 389, § 9; 1990, ch. 79, § 5; 2007, ch. 91, § 14.

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…

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…

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…

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…

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…

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…

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.

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…

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 …

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…

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.

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…

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…

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 …

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 …

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…

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…

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.

Chapter 27, Article 8 NMSA 1978 may be cited as the "Community Action Act". History: Laws 1983, ch. 139, § 1; 2024, ch. 39, § 111.

Although in recent years New Mexico has shown improvement in indices such as personal income and the number of families below the poverty level, the state continues to compare poorly with other states. New Mexico has risen from 48th in 1974 to 41st in per capita personal income; …

As used in the Community Action Act: A. "poverty level" means the official poverty level established by the federal director of the office of management and budget and revised periodically by the United States secretary of health and human services; and B. "secretary" means the s…

A. The secretary may provide financial assistance to community action agencies for the planning, conduct, administration and evaluation of community action programs as described in the Community Action Act in accordance with state and federal law and regulations. B. No funds prov…

A. A community action agency is a political subdivision of the state, a combination of political subdivisions or a public or private nonprofit agency that: (1) has the power and authority to enter into contracts with public and private nonprofit agencies and organizations in fulf…

A. Each community action agency shall administer its community action program through a community action board. Board members shall be selected as follows: (1) one-third of the members of the board shall be elected public officials currently holding office in the geographical are…

Each community action agency shall use available funds for a community action program which: A. provides a range of services and activities which have a measurable and potentially major impact on causes of poverty in the community; B. provides activities designed to assist low-in…

The secretary shall adopt such rules and regulations as may be necessary to carry out the provisions of the Community Action Act. History: Laws 1983, ch. 139, § 8.

The secretary, consistent with federal law, shall make grants of not less than ninety percent of the annual allocation of funds available under the community services block grant to community action agencies defined in Subsection A of Section 5 [27-8-5 NMSA 1978] of the Community…

The health care authority, in cooperation with the aging and long-term services department, is authorized to administer demonstration programs that provide in-home and coordinated community care services to the frail elderly and to persons with disabilities who would otherwise re…

The secretary of health care authority shall, by rule, specify the areas in which the programs shall operate, specify the services to be provided, establish eligibility criteria of persons to be served and provide for cost sharing, where possible, with persons and participating c…

Chapter 27, Article 10 NMSA 1978 may be cited as the "Statewide Health Care Act". History: Laws 1991, ch. 212, § 1; 2024, ch. 39, § 115.

A. Access to health care reduces long-term medical and social costs. The effectiveness of statewide health care has been decreased by excessive fragmentation and failure to maximize the use of existing in-state revenues and to develop effective ways of drawing upon potential fede…

appropriation by the legislature. A. The "county-supported medicaid fund" is created as a nonreverting fund in the state treasury. The fund shall be invested by the state treasurer as other state funds are invested. Income earned from investment of the fund shall be credited to t…

care gross receipts tax; transfer to county-supported medicaid fund. A. In the event a county does not enact an ordinance imposing a county health care gross receipts tax pursuant to Section 7-20D-3 [7-20E-18] NMSA 1978, the county shall, by ordinance to be effective July 1, 1993…

Chapter 27, Article 11 NMSA 1978 may be cited as the "Medicaid Provider and Managed Care Act". History: Laws 1998, ch. 30, § 1; 2019, ch. 215, § 1.

expedited adjudicatory proceedings. A. The hearing officer presiding over the expedited adjudicatory proceeding held pursuant to the Medicaid Provider and Managed Care Act shall: (1) be licensed and in good standing to practice law in New Mexico or another state; (2) have at leas…

A. Each party shall be responsible for its own costs related to the expedited adjudicatory proceeding, including costs associated with preparation for the hearing, discovery, depositions, subpoenas, service of process and witness expenses, travel expenses and investigation expens…

or final determination of overpayment. A. A medicaid provider or subcontractor may challenge: (1) the department's preliminary or final determination of overpayment as: (a) exceeding statutory authority; (b) arbitrary or capricious; (c) a failure to follow department procedure; o…

rendered; prepayment review; remedial training and education; temporary assistance. A. The department shall direct the release of a suspended payment to a medicaid provider or subcontractor that is the subject of a referral based upon a determination of a credible allegation of f…

A. Following the referral of a medicaid provider or subcontractor based on a determination of a credible allegation of fraud, and during the pendency of a dispute between the department and a medicaid provider or subcontractor regarding an alleged overpayment, including an overpa…

A. Overpayments collected pursuant to the Medicaid Provider and Managed Care Act on behalf of the state shall be remitted to the department for deposit in the general fund to be used for the state's medicaid program. B. The department shall not enter into a contract to pay any po…

evidence required. A. A credible allegation of fraud determination by the department shall be deemed a final agency decision and may be appealed pursuant to Section 39-3-1.1 NMSA 1978. B. A medicaid provider or subcontractor that is the subject of a referral to the attorney gener…

A. If a medicaid provider or subcontractor is the prevailing party in any expedited adjudicatory or court proceeding brought by the medicaid provider or subcontractor pursuant to the Medicaid Provider and Managed Care Act on or after January 1, 2020 in connection with a prelimina…

A. The department shall be subject to Sections 12-8-2, 12-8-10 through 12-8-13, 12-8-15 and 12-8-16 NMSA 1978 for expedited adjudicatory proceedings as provided by the Medicaid Provider and Managed Care Act. B. Sections 12-8-2, 12-8-10 through 12-8-13, 12-8-15 and 12-8-16 NMSA 19…

As used in the Medicaid Provider and Managed Care Act: A. "claim" means a request for payment for services; B. "clean claim" means a claim for reimbursement that: (1) contains substantially all the required data elements necessary for accurate adjudication of the claim without th…

organization; contract remedies; penalties. A. Consistent with the terms of any contract between the department and a medicaid provider or managed care organization, the secretary shall have the right to be afforded access to such of the medicaid provider's or managed care organi…