Section 27-13-6 – Report.
Annually by October 1, each department shall deliver a report to the legislative finance committee and the legislative health and human services committee on services provided pursuant to the Consumer Direction Act and a comparison of those services and services provided by the department through other means and an evaluation of the effectiveness and consumer […]
Section 27-13-7 – Fiscal intermediary; exemptions; workers’ compensation.
A. A fiscal intermediary shall not be subject to vicarious liability as an employer or principal for a wrongful act committed by a personal care attendant if the attendant: (1) is not a current or former employee of the fiscal intermediary; (2) has not received training or instruction from the fiscal intermediary with respect to […]
Section 27-11-15 – Disposition of recovered medicaid funds.
A. Overpayments collected pursuant to the Medicaid Provider and Managed Care Act on behalf of the state shall be remitted to the department for deposit in the general fund to be used for the state’s medicaid program. B. The department shall not enter into a contract to pay any portion of funds recovered by the […]
Section 27-11-16 – Credible allegation of fraud; judicial review; substantial evidence required.
A. A credible allegation of fraud determination by the department shall be deemed a final agency decision and may be appealed pursuant to Section 39-3-1.1 NMSA 1978. B. A medicaid provider or subcontractor that is the subject of a referral to the attorney general for further investigation based on a credible allegation of fraud may […]
Section 27-11-17 – Award of costs, fees and interest.
A. If a medicaid provider or subcontractor is the prevailing party in any expedited adjudicatory or court proceeding brought by the medicaid provider or subcontractor pursuant to the Medicaid Provider and Managed Care Act on or after January 1, 2020 in connection with a preliminary or final determination of overpayment or a determination of credible […]
Section 27-11-18 – Applicability of Administrative Procedures Act.
A. The department shall be subject to Sections 12-8-2, 12-8-10 through 12-8-13, 12-8-15 and 12-8-16 NMSA 1978 for expedited adjudicatory proceedings as provided by the Medicaid Provider and Managed Care Act. B. Sections 12-8-2, 12-8-10 through 12-8-13, 12-8-15 and 12-8-16 NMSA 1978 apply to Sections 5 [22-11-7 NMSA 1978], 7 [27-11-9 NMSA 1978] through 11 […]
Section 27-12-1 to 27-12-7 – Repealed.
ANNOTATIONS Repeals. — Laws 1998, ch. 52, § 9 repealed 27-12-1 to 27-12-7 NMSA 1978, the Child Health Act, as enacted by Laws 1998, ch. 52, §§ 1 to 7, effective July 1, 2002. For provisions of former sections, see the 1999 NMSA 1978 on NMOneSource.com.
Section 27-13-1 – Short title.
This act [27-13-1 to 27-13-6 NMSA 1978] may be cited as the “Consumer Direction Act”. History: Laws 2003, ch. 210, § 1. ANNOTATIONS Effective dates. — Laws 2003, ch. 210, § 7 made the act effective July 1, 2003.
Section 27-13-2 – Purpose.
The purpose of the Consumer Direction Act is to ensure a consumer the right to direct his personal assistance services if he so chooses by selecting an attendant appropriate to his needs and to maximize personal assistance service availability and satisfaction. History: Laws 2003, ch. 210, § 2. ANNOTATIONS Effective dates. — Laws 2003, ch. […]
Section 27-13-3 – Definitions.
As used in the Consumer Direction Act: A. “attendant” means a person, including an allowable family member, who provides personal assistance services; B. “consumer” means a person receiving personal assistance services through any personal assistance programs offered by the state of New Mexico; C. “department” means any department or agency of the state offering personal […]