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Home→Agencies→Medicaid Estate Recovery→New Mexico→When someone dies

Medicaid Estate Recovery in New Mexico: when someone dies

A 4-step process for New Mexico Health Care Authority — Medical Assistance Division, Estate Recovery Program after a death in New Mexico.

OverviewWhen someone dies

Medicaid Recovery

New Mexico

hca.nm.gov→

Administering agency

New Mexico Health Care Authority — Medical Assistance Division, Estate Recovery Program

Phone800-293-3973
WebsiteVisit website →

Authority

NMSA 1978, § 27-2A-1 et seq. (Medicaid Estate Recovery Act); NMAC 8.200.430.20

Verified May 2026

Steps to take

  1. Determine whether the deceased received Medicaid long-term care at age 55 or older.
  2. 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.
  3. Address any recovery claim as a debt of the estate before distributing assets to heirs.
  4. 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.

Medicaid Recovery

New Mexico

hca.nm.gov→

Administering agency

New Mexico Health Care Authority — Medical Assistance Division, Estate Recovery Program

Phone800-293-3973
WebsiteVisit website →

Authority

NMSA 1978, § 27-2A-1 et seq. (Medicaid Estate Recovery Act); NMAC 8.200.430.20

Verified May 2026