Section 27-2A-1 – Short title.
This act [27-2A-1 to 27-2A-9 NMSA 1978] may be cited as the “Medicaid Estate Recovery Act”. History: Laws 1994, ch. 87, § 1.
Section 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. History: Laws 1994, ch. 87, § 2. ANNOTATIONS Cross references. — For Title […]
Section 27-2A-3 – Definitions.
As used in the Medicaid Estate Recovery Act: A. “department” means the human services department; 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 [45-1-1 NMSA 1978]; and C. “medical assistance” means amounts paid by the department […]
Section 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 the mentally retarded or other medical institution if the individual was required, as a condition of receiving services in the facility […]
Section 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 […]
Section 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 […]
Section 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. History: Laws 1994, ch. 87, […]
Section 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. History: Laws 1994, ch. 87, § 8.
Section 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. History: Laws 1994, ch. 87, § 9. ANNOTATIONS Cross references. — For personal […]