Section 27-15-4 – Information.
The department shall identify and provide adequate information to a medicaid-eligible individual residing in a nursing home and, if appropriate, the individual’s representative, of the opportunity for the individual to receive community-based services and support pursuant to the Money Follows the Person in New Mexico Act. History: Laws 2006, ch. 112, § 4. ANNOTATIONS Cross […]
Section 27-15-5 – Quality improvement.
The department shall develop and implement a quality improvement system of performance indicators and outcome measures to evaluate the level and effectiveness of participation of individuals who are eligible for community-based services and to ensure that the services and support that an individual receives pursuant to the Money Follows the Person in New Mexico Act […]
Section 27-15-1 – Short title.
This act [27-15-1 to 27-15-5 NMSA 1978] may be cited as the “Money Follows the Person in New Mexico Act”. History: Laws 2006, ch. 112, § 1. ANNOTATIONS Effective dates. — Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 […]
Section 27-15-2 – Definition.
As used in the Money Follows the Person in New Mexico Act, “department” means the aging and long-term services department [9-23-4 NMSA 1978]. History: Laws 2006, ch. 112, § 2. ANNOTATIONS Effective dates. — Laws 2006, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May […]
Section 27-15-3 – Community-based living; choice of options.
An elderly or disabled individual who is identified and assessed as eligible for community-based living shall be allowed to choose, from among all service options available, the type of service that best meets that individual’s needs. The individual’s medical assistance funds shall be made available for the individual for the service option the individual selects, […]
Section 27-14-9 – Award to qui tam plaintiff.
A. If the department proceeds with an action brought by a person pursuant to the Medicaid False Claims Act, the person shall, subject to the limitations in this subsection, receive at least fifteen percent but not more than twenty-five percent of the proceeds of the action or settlement of the claim, depending upon the extent […]
Section 27-14-10 – Certain actions barred.
A. A court shall not have jurisdiction of an action brought pursuant to the Medicaid False Claims Act against a department official if the action is substantially based on evidence or information known to the department when the action was brought. B. A person shall not bring an action pursuant to the Medicaid False Claims […]
Section 27-14-11 – Department not liable for certain expenses.
The department shall not be liable for expenses that a person incurs in bringing an action pursuant to the Medicaid False Claims Act. History: Laws 2004, ch. 49, § 11. ANNOTATIONS Effective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May […]
Section 27-14-12 – Employee protection.
Any employee who is discharged, demoted, suspended, threatened, harassed or otherwise discriminated against in the terms and conditions of employment by the employer because of lawful acts done by the employee on behalf of the employee or others in disclosing information to the department or in furthering a false claims action pursuant to the Medicaid […]
Section 27-14-13 – False claims and reporting procedure.
A. A civil action shall be brought within the limitations set forth in Section 37-1-4 NMSA 1978. B. In any action brought pursuant to the Medicaid False Claims Act, the department or the person bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance […]