SENATE BILL 363

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Nancy Rodriguez

AN ACT

RELATING TO PUBLIC ASSISTANCE; REQUIRING THE SECRETARY OF HUMAN SERVICES TO PROVIDE FOR RECOVERY OF RECIPIENT MEDICAL COSTS FROM RECIPIENT THIRD-PARTY PAYMENTS; PROVIDING FOR REPORTING AND THIRD-PARTY SUITS TO COMPEL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] MEDICAL ASSISTANCE--THIRD-PARTY PAYMENT RECOVERY--REPORTING--THIRD-PARTY SUITS TO COMPEL.--

          A. The secretary shall ensure that, in order to recover the costs of medical care provided to recipients through the state's medical assistance program, the department:

                (1) receives assignment from each recipient of any payment by a third party to cover the costs of that medical care; and

                (2) seeks to collect each third-party payment owed to the department.

          B. By November 1, 2017, the secretary shall report the department's efforts to enforce the department's right to recover medical assistance costs through assignment of recipients' third-party payments for recipients' medical care.

          C. If the department fails to comply with the provisions of Subsection A of this section, any resident of the state shall have standing to bring suit to compel compliance with the provisions of this section. Nothing in this section shall be construed to allow any recovery against the department or any other governmental entity for any damages resulting from the department's failure to adhere to the provisions of this section."

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