Chapter 30 — Chapter 30

Chapter 30, Article 44 NMSA 1978 may be cited as the "Medicaid Fraud Act". History: Laws 1989, ch. 286, § 1; 1997, ch. 98, § 1.

As used in the Medicaid Fraud Act: A. "benefit" means money, treatment, services, goods or anything of value authorized under the program; B. "claim" means any communication, whether oral, written, electronic or magnetic, that identifies a treatment, good or service as reimbursab…

prosecute criminal actions. A. The attorney general, the district attorneys, the unit and the department have the power and authority to investigate violations of the Medicaid Fraud Act and bring actions to enforce the civil remedies established in the Medicaid Fraud Act. B. The …

A. Falsification of documents consists of: (1) knowingly making or causing to be made a misrepresentation of a material fact required to be furnished under the program or knowingly failing or causing the failure to include a material fact required to be furnished under the progra…

A. Whoever receives payment for treatment, services or goods under the program shall retain all medical and business records relating to: (1) the treatment or care of any recipient; (2) services or goods provided to any recipient; (3) rates paid by the department under the progra…

A. Obstruction of investigation consists of: (1) knowingly providing false information to, or knowingly withholding information from, any person authorized under the Medicaid Fraud Act to investigate violations of that act or to enforce the criminal or civil remedies of that act …

A. Medicaid fraud consists of: (1) paying, soliciting, offering or receiving: (a) a kickback or bribe in connection with the furnishing of treatment, services or goods for which payment is or may be made in whole or in part under the program, including an offer or promise to, or …

limitation of action. A. Any person who receives payment for furnishing treatment, services or goods under the program, which payment the person is not entitled to receive by reason of a violation of the Medicaid Fraud Act, shall, in addition to any other penalties or amounts pro…

This act [30-45-1 to 30-45-7 NMSA 1978] may be cited as the "Computer Crimes Act". History: Laws 1989, ch. 215, § 1.

As used in the Computer Crimes Act: A. "access" means to program, execute programs on, intercept, instruct, communicate with, store data in, retrieve data from or otherwise make use of any computer resources, including data or programs of a computer, computer system, computer net…

A person who knowingly and willfully accesses or causes to be accessed a computer, computer system, computer network or any part thereof with the intent to obtain, by means of embezzlement or false or fraudulent pretenses, representations or promises, money, property or anything …

A person who knowingly, willfully and without authorization, or having obtained authorization, uses the opportunity the authorization provides for purposes to which the authorization does not extend: A. directly or indirectly alters, changes, damages, disrupts or destroys any com…

A person who knowingly, willfully and without authorization, or having obtained authorization, uses the opportunity the authorization provides for purposes to which the authorization does not extend, directly or indirectly accesses, uses, takes, transfers, conceals, obtains, copi…

A. Prosecution pursuant to the Computer Crimes Act shall not prevent any prosecutions pursuant to any other provisions of the law where such conduct also constitutes a violation of that other provision. B. A person found guilty of violating any provision of the Computer Crimes Ac…

A. The following are subject to forfeiture: (1) all computer property, equipment or products of any kind that have been used, manufactured, acquired or distributed in violation of the Computer Crimes Act; (2) all materials, products and equipment of any kind that are used or inte…

A. Ticket scalping consists of selling, offering for sale or attempting to sell any ticket, privilege, license, admission or pass to any college athletic event at a price greater than the price charged at the place of admission or printed on the ticket. B. The sale of each ticket…

This act [30-47-1 to 30-47-10 NMSA 1978] may be cited as the "Resident Abuse and Neglect Act". History: Laws 1990, ch. 55, § 1.

The department shall issue rules and regulations as necessary to implement the reporting provisions of the Resident Abuse and Neglect Act. History: Laws 1990, ch. 55, § 10.

The purpose of the Resident Abuse and Neglect Act is to provide meaningful deterrents and remedies for the abuse, neglect or exploitation of care facility residents and to provide an effective system for reporting instances of abuse, neglect or exploitation. History: Laws 1990, c…

As used in the Resident Abuse and Neglect Act: A. "abuse" means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a resident, including: (1) physical contact that harms or is likely to harm a resident of a care fa…

A. Whoever commits abuse of a care facility resident that results in no harm to the resident is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection B of Section 31-19-1 NMSA 1978. B. Whoever commits abuse of a resident tha…

A. Whoever commits neglect of a resident that results in no harm to the resident is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection B of Section 31-19-1 NMSA 1978. B. Whoever commits neglect of a resident that results …

A. Exploitation of a resident's property consists of the act or process, performed intentionally, knowingly or recklessly, of using a resident's property for another person's profit, advantage or benefit without legal entitlement to do so. B. Whoever commits exploitation of a res…

No resident who is being treated by a duly accredited religious practitioner shall be considered for that reason alone, abused or neglected. History: Laws 1990, ch. 55, § 7.

Decisions Act. A. Nothing in the Resident Abuse and Neglect Act shall be construed to preclude health care in accordance with the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978], and it shall be an affirmative defense to any charge brought under the Resident …

criminal penalty; discrimination or retaliation for filing a report prohibited. A. Any person paid in whole or part for providing to a resident any treatment, care, good, service or medication who has reasonable cause to believe that the resident has been abused, neglected or exp…

ANNOTATIONS Repeals. — Laws 1993, ch. 244, § 13 repealed 30-48-1 NMSA 1978, as enacted by Laws 1991, ch. 210, § 1, relating to sale of smokeless tobacco products, effective July 1, 1993. For present comparable provisions, see 30-49-1 NMSA 1978 et seq.

ANNOTATIONS Repeals. — Laws 1993, ch. 244, § 13 repealed 30-48-2 NMSA 1978, as enacted by Laws 1991, ch. 210, § 2, relating to purchase of smokeless tobacco products, effective July 1, 1993. For present comparable provisions, see 30-49-1 NMSA 1978 et seq.

ANNOTATIONS Repeals. — Laws 1993, ch. 244, § 13 repealed 30-48-3 NMSA 1978, as enacted by Laws 1991, ch. 210, § 3, relating to point of sale signs, effective July 1, 1993. For present comparable provisions, see 30-49-1 NMSA 1978 et seq.

ANNOTATIONS Repeals. — Laws 1993, ch. 244, § 13 repealed 30-48-4 NMSA 1978, as enacted by Laws 1991, ch. 210, § 4, relating to proof of age, effective July 1, 1993. For present comparable provisions, see 30-49-1 NMSA 1978 et seq.

ANNOTATIONS Repeals. — Laws 1993, ch. 244, § 13 repealed 30-48-5 NMSA 1978, as enacted by Laws 1991, ch. 210, §5, relating to vending machines, effective July 1, 1993. For present comparable provisions, see 30-49-1 NMSA 1978 et seq.

ANNOTATIONS Repeals. — Laws 1993, ch. 244, § 13 repealed 30-48-6 NMSA 1978, as enacted by Laws 1991, ch. 210, § 6, relating to local governments, tobacco sales regulations, effective July 1, 1993. For present comparable provisions, see 30-49-1 NMSA 1978 et seq.

ANNOTATIONS Repeals. — Laws 1993, ch. 244, § 13 repealed 30-48-7 NMSA 1978, as enacted by Laws 1991, ch. 210, § 7, relating to penalties, effective July 1, 1993. For present comparable provisions, see 30-49-1 NMSA 1978 et seq. ARTICLE 49 Tobacco Products, E-Cigarettes and Nicotin…

History: Laws 1993, ch. 244, § 1; 2015, ch. 98, § 1; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 10; 2015, ch. 98, § 9; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 11; 2015, ch. 98, § 10; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 12; 2015, ch. 98, § 11; repealed by Laws 2020, ch. 46, § 26.

History: Laws 2015, ch. 98, § 12; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 2; 2015, ch. 98, § 2; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 3; 2015, ch. 98, § 3; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 4; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 5; 2015, ch. 98, § 4; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 6; 2015, ch. 98, § 5; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 7; 2003, ch. 364, § 1; 2015, ch. 98, § 6; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 8; 2015, ch. 98, § 7; repealed by Laws 2020, ch. 46, § 26.

History: Laws 1993, ch. 244, § 9; 2015, ch. 98, § 8; repealed by Laws 2020, ch. 46, § 26.

This act [30-50-1 to 30-50-4 NMSA 1978] may be cited as the "Fraudulent Telemarketing Act". History: Laws 1995, ch. 37, § 1.

The purpose of the Fraudulent Telemarketing Act is to protect consumers from fraudulent telemarketing. History: Laws 1995, ch. 37, § 2.

As used in the Fraudulent Telemarketing Act: A. "telemarketing" means: (1) being employed by or associating with any company, organization, sole proprietorship or economic venture that uses the telephone on a regular basis as a primary instrument to obtain money from the people t…

A person who knowingly and willfully engages in telemarketing to or from a telephone located in New Mexico with the intent to embezzle or to obtain money, property or any thing of value by fraudulent pretenses, representations or promises in the course of a telephone communicatio…