2006 New Mexico Statutes - Section 27-2A-4 — Department to seek recovery of medical assistance payments.

27-2A-4. Department to seek recovery of medical assistance payments.

The department shall seek recovery from the estate of an individual:   

A.     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 or institution pursuant to the state plan, to spend for costs of services all but a minimal amount of his 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   

B.     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 he received medical assistance.