45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MEDICAID; EXPANDING THE ELIGIBILITY CRITERIA FOR MEDICAID; AMENDING A SECTION OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

Section 1. Section 27-2B-15 NMSA 1978 (being Laws 1998, Chapter 8, Section 15 and Laws 1998, Chapter 9, Section 15) is amended to read:

"27-2B-15. MEDICAID ELIGIBILITY.--

A. The following are eligible for medicaid:

[A. a benefit group that meets the requirements of New Mexico's aid to families with dependent children as they existed on July 16, 1996;

B.] (1) a participant who is in transition to self-sufficiency due to employment or child support;

[C.] (2) a pregnant woman who meets the income and resource requirements for New Mexico's aid to families with dependent children as they existed on July 16, 1996;

[D.] (3) a member of a benefit group who is eighteen years of age or younger if the benefit group's income is below one hundred eighty-five percent of the federal poverty guidelines;

[E.] (4) a pregnant woman whose income is below one hundred eighty-five percent of the federal poverty guidelines;

[F.] (5) participants receiving federal supplemental security income;

[G.] (6) an aged, blind or disabled person in an institution who meets all the supplemental security income standards except for income;

[H.] (7) a person who meets all standards for institutional care but is cared for at home and meets eligibility standards for medicaid;

[I.] (8) a qualified medicare beneficiary, qualified disabled working person or specified low-income medicare beneficiary; and

[J.] (9) a foster child in the custody of the state or of an Indian pueblo, tribe or nation who meets eligibility standards for medicare.

B. A benefit group that is eligible to receive cash assistance pursuant to the New Mexico Works Act is deemed to meet the requirements of New Mexico's aid to families with dependent children as they existed on July 16, 1996 and is eligible for medicaid.

C. A parent of a benefit group whose net income as determined in accordance with Section 27-2B-7 NMSA 1978, including income disregards to earned gross income, is less than one hundred percent of the federal poverty guidelines is eligible for medicaid. The department shall obtain the most favorable federal match rate available under Title 19 or 21 of the federal act. The department shall provide for health insurance premium payments for employer-based insurance as permitted under Title 19 or 21 of the federal act, to the extent that the health insurance premium payments are determined to be cost effective.

D. The department shall not terminate the medicaid benefits of any member of a benefit group due to the imposition of a sanction pursuant to Section 27-2B-14 NMSA 1978."

Section 2. APPROPRIATION.--Five million three hundred twenty-two thousand six hundred dollars ($5,322,600) from the tobacco settlement program fund and three million six hundred seventy-seven thousand four hundred dollars ($3,677,400) from the general fund are appropriated to the human services department for expenditure in fiscal year 2002 to carry out the provisions of Section 1 of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the respective funds proportional to the initial appropriation.