Medicaid Estate Recovery in New Mexico: when someone dies
A 5-step process for New Mexico Health Care Authority — Medical Assistance Division, Estate Recovery Program after a death in New Mexico.
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
Steps to take
- Determine whether the deceased received Medicaid long-term care at age 55 or older.
- Report the date of death to the Income Support Division (ISD) office within 10 calendar days after the death.
- Send a copy of the death certificate and the completed asset-identification form to the NM Estates Program, PO Box 10530, Phoenix, AZ 85064 (HMS), by mail, email (nmestate@gainwelltechnologies.com), or the HMS submission portal.
- Address any recovery claim as a debt of the estate before distributing assets to heirs.
- Request an undue-hardship waiver with supporting documentation if recovery would cause significant financial hardship, such as loss of a primary residence.
New Mexico Health Care Authority — Medical Assistance Division, Estate Recovery Program
Phone: 800-293-3973
Visit the agency website →Frequently asked questions
Recovery is made only after the death of a surviving spouse, and only when there is no surviving child who is under 21, blind, or disabled under the Social Security Administration definition.
No. Heirs are not personally liable. HCA-MAD files a claim against the Medicaid recipient's estate, limited to assets subject to probate and not exceeding the value of the estate. An undue-hardship waiver may be requested with supporting documentation.
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