27-2-12.22. Incarcerated persons; medicaid eligibility; county jail
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/nm/chapter-27-public-assistance/article-2-public-assistance-act/27-2-12-22·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
technical assistance; presumptive eligibility determiner training and certification.
A. Incarceration shall not be a basis to deny or terminate eligibility for medicaid.
B. Upon release from incarceration, a formerly incarcerated person shall remain eligible for medicaid until the person is determined to be ineligible for medicaid on grounds other than incarceration.
C. An incarcerated person who was not enrolled in medicaid upon the date that the person became incarcerated shall be permitted to submit an application for medicaid during the incarcerated person's period of incarceration.
D. The provisions of this section shall not be construed to abrogate:
(1)any deadline that governs the processing of applications for medicaid pursuant to existing federal or state law; or
(2)requirements under federal or state law that the authority be notified of changes in income, resources, residency or household composition.
E. The provisions of this section shall not require the authority to pay for services on behalf of any incarcerated person except as permitted by federal law.
F. A correctional facility shall:
(1)inform the authority when an eligible person is incarcerated;
(2)facilitate, with assistance from the authority, eligibility determinations for medicaid during the incarcerated person's incarceration or upon release;
(3)notify the authority upon an eligible person's release; and
(4)facilitate the authority's or any authority contractor's provision of care coordination pursuant to the provisions of Section 33-1-22 NMSA 1978.
G. Upon the written request of a county, the authority shall provide a behavioral health screening tool to facilitate screenings performed in accordance with the provisions of Subsection A of Section 33-1-22 NMSA 1978, technical assistance and training and certification of county jail presumptive eligibility determiners to a county jail.
H. The secretary shall adopt and promulgate rules consistent with this section.
I. As used in this section:
(1)"care coordination" means an assessment for health risks and the creation of a plan of care to address a person's comprehensive health needs, including access to physical health care and mental health services; substance use disorder treatment; and transportation services;
(2)"eligibility" means a finding by the authority that a person has met the criteria established in state and federal law and the requirements established by authority rules to enroll in medicaid;
(3)"incarcerated person" means a person, the legal guardian or conservator of a person or, for a person who is an unemancipated minor, the parent or guardian of the person, who is confined in any of the following correctional facilities:
(a)a state correctional facility;
(b)a privately operated correctional facility;
(c)a county jail;
(d)a privately operated jail;
(e)a detention facility that is operated under the authority of the children, youth and families department and that holds the person pending a court hearing; or
(f)a facility that is operated under the authority of the children, youth and families department and that provides for the care and rehabilitation of a person who is under eighteen years of age and who has committed an act that would be designated as a crime under the law if committed by a person who is eighteen years of age or older;
(4)"medicaid" means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act and rules promulgated pursuant to that act; and
(5)"unemancipated minor" means a person who is under eighteen years of age and who:
(a)is not on active duty in the armed forces; and
(b)has not been declared by court order to be emancipated.
History: Laws 2015, ch. 127, § 2; 2018, ch. 74, § 1; 2024, ch. 39, § 72.