Special Medical Needs

NMSA 1978 ch. 27, art. 4

in effect

NMSA 1978, § 27-4-1 Short title

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

NMSA 1978, § 27-4-2 Definitions

27-4-2. Definitions 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 financially able, according to rules of the division, to furnish support; D. "person with a disability" means a person who has attained the age of eighteen years and is determined to have a permanent and total disability, according to rules of the division; and E. "blind person" means a person who is determined to be blind according to rules of the division. 1953 Comp., § 13-15-2, enacted by Laws 1973, ch. 311, § 2; 1977, ch. 252, § 20; 2007, ch. 46, § 20; 2024, ch. 39, § 98.

NMSA 1978, § 27-4-3 Persons with special needs

27-4-3. Persons with special needs 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 condition that will as a reasonable medical probability lead to death in the near future. B. Such medical condition shall be certified by an individual licensed under state law to practice medicine or osteopathy. The medical care shall be reviewed and approved according to regulations of the division. 1953 Comp., § 13-15-3, enacted by Laws 1973, ch. 311, § 3; 2007, ch. 46, § 21.

NMSA 1978, § 27-4-4 Standard of need; income determination

27-4-4. Standard of need; income determination 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 from either income or resources in determining eligibility. 1953 Comp., § 13-15-4, enacted by Laws 1973, ch. 311, § 4; 1975, ch. 187, § 1.

NMSA 1978, § 27-4-5 Eligibility requirements

27-4-5. Eligibility requirements 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 than the level of maximum permissible resources established by the board; and C. he meets all qualifications for persons with special needs, pursuant to Section 27-4-3 NMSA 1978; and D. within two years immediately prior to the filing of an application for assistance, he has not made an assignment or transfer of real property unless he has received a reasonable return for the real property; or, if he has not received such reasonable return, he is willing to attempt to obtain such return and, if such attempt proves futile, he is willing to attempt to regain title to the property; and E. he is not an inmate of any public nonmedical institution at the time of receiving assistance; and F. he is a resident of New Mexico. 1953 Comp., § 13-15-5, enacted by Laws 1973, ch. 311, § 5; 1975, ch. 187, § 2.

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