Medicaid Estate Recovery in New Mexico
The New Mexico Health Care Authority, Medical Assistance Division (HCA-MAD), recovers what Medicaid paid for long-term care from the estates of recipients who were 55 or older when they received those services. HCA-MAD contracts with Health Management Systems (HMS) to handle recovery cases and work with estate representatives.
Administering agency
New Mexico Health Care Authority — Medical Assistance Division, Estate Recovery Program
Authority
NMSA 1978, § 27-2A-1 et seq. (Medicaid Estate Recovery Act); 8.200.430.19 NMAC
Medicaid Estate Recovery in New Mexico: key facts
- Recovery scope
- Long-term care services — nursing facility care, home and community-based services (HCBS), and related hospital and prescription drug services — paid by Medicaid for recipients age 55 or older.
- Recovery deferred
- Only after the death of a surviving spouse, and only when there is no surviving child who is under 21, blind, or who meets the Social Security Administration definition of disability.
- Exemptions
- Certain Native American income, resources, and property; Medicare Savings Programs; and Achieving a Better Life Experience (ABLE) accounts.
- Heir liability
- Heirs are not personally liable. HCA-MAD files a claim against the estate, limited to probate assets and not exceeding the value of the estate, and does not place a lien on the recipient's property.
Governing law: NMSA 1978, § 27-2A-1 et seq. (Medicaid Estate Recovery Act); 8.200.430.19 NMAC
Frequently asked questions
New Mexico recovers Medicaid payments for long-term care — nursing facility services, home and community-based services, and related hospital and prescription drug services — for recipients who were 55 or older when they received the care.
When someone dies
Steps after a death in New Mexico
5-step process for New Mexico Health Care Authority — Medical Assistance Division, Estate Recovery Program.
View details →
Sources
Data sourced from Medicaid Estate Recovery in New Mexico primary sources (2 pages reviewed). How we research.
Administering agency
New Mexico Health Care Authority — Medical Assistance Division, Estate Recovery Program
Authority
NMSA 1978, § 27-2A-1 et seq. (Medicaid Estate Recovery Act); 8.200.430.19 NMAC