Medicaid Estate Recovery

NMSA 1978 ch. 27, art. 2A

in effect

NMSA 1978, § 27-2A-1 Short title

27-2A-1. Short title Chapter 27, Article 2A NMSA 1978 may be cited as the "Medicaid Estate Recovery Act". Laws 1994, ch. 87, § 1; 2024, ch. 39, § 86.

NMSA 1978, § 27-2A-2 Purpose of act

27-2A-2. Purpose of act The purpose of the Medicaid Estate Recovery Act is to authorize and require the department to seek recovery of medical assistance payments made by the department for certain individuals, under certain circumstances, as provided in Title XIX of the Social Security Act. Laws 1994, ch. 87, § 2.

NMSA 1978, § 27-2A-3 Definitions

27-2A-3. Definitions As used in the Medicaid Estate Recovery Act: A. "authority" or "department" means the health care authority; B. "estate" means real and personal property and other assets of the individual subject to probate or administration pursuant to the provisions of the Uniform Probate Code [Chapter 45 NMSA 1978]; and C. "medical assistance" means amounts paid by the department as medical assistance pursuant to Title 19 of the Social Security Act. Laws 1994, ch. 87, § 3; 2024, ch. 39, § 87.

NMSA 1978, § 27-2A-4 Department to seek recovery of medical assistance payments restriction

27-2A-4. Department to seek recovery of medical assistance payments restriction A. The department shall seek recovery from the estate of an individual: (1) for medical assistance paid on behalf of an individual who was an inpatient in a nursing facility, intermediate care facility for individuals with developmental or intellectual disabilities or other medical institution if the individual was required, as a condition of receiving services in the facility or institution pursuant to the state plan, to spend for costs of services all but a minimal amount of the individual's income required for personal needs, and with respect to whom the department determined, after opportunity for a hearing in accordance with procedures established by the department, could not reasonably have been expected to have been discharged from the facility or institution to return home; and (2) for medical assistance payments made for nursing facility services, home- and community-based services and related hospital and prescription drug services on behalf of an individual who was fifty-five years of age or older when the individual received medical assistance. B. In the case of an individual who has participated in the state's qualified state long-term care insurance partnership program pursuant to Section 27-2-12.17 NMSA 1978, the department shall seek recovery of medical assistance paid on behalf of the individual only of the value of the individual's estate that exceeds the amount that the department has disregarded from the individual's countable resources pursuant to Paragraph (2) of Subsection A of Section 27-2-12.17 NMSA 1978 in making its eligibility determination for medical assistance for institutional care or a medical assistance home- and community-based long-term care program. Laws 1994, ch. 87, § 4; 2013, ch. 139, § 3; 2023, ch. 113, § 5.

NMSA 1978, § 27-2A-5 Administration; recovery from estates

27-2A-5. Administration; recovery from estates A. The department shall administer the estate recovery program. B. The department shall adopt and promulgate rules and regulations to implement the provisions of the Medicaid Estate Recovery Act. C. The department may compromise, settle or waive recovery pursuant to the Medicaid Estate Recovery Act when deemed by the department to be in the best interests of the state. Laws 1994, ch. 87, § 5.

NMSA 1978, § 27-2A-6 Hardship waiver

27-2A-6. Hardship waiver The department shall waive the application of the provisions of the Medicaid Estate Recovery Act if application of the provisions would work an undue hardship as determined pursuant to regulations adopted and promulgated by the secretary of human services. The regulations shall include a provision for special consideration when an asset subject to recovery is the sole income-producing asset or is a homestead of modest value. Laws 1994, ch. 87, § 6.

NMSA 1978, § 27-2A-7 Restrictions on recovery from estates

27-2A-7. Restrictions on recovery from estates 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. Laws 1994, ch. 87, § 7.

NMSA 1978, § 27-2A-8 Due process

27-2A-8. Due process 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. Laws 1994, ch. 87, § 8.

NMSA 1978, § 27-2A-9 Department exempt from bond requirement for personal representative

27-2A-9. Department exempt from bond requirement for personal 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. Laws 1994, ch. 87, § 9.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18527/index.doFetched: 10/20/2026