45th legislature - STATE OF NEW MEXICO - second session, 2002
RELATING TO PUBLIC ASSISTANCE; AMENDING THE NEW MEXICO WORKS ACT TO PROVIDE MEDICAID BENEFITS AND SERVICES TO CONVICTED DRUG OFFENDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 27-2B-11 NMSA 1978 (being Laws 1998, Chapter 8, Section 11 and Laws 1998, Chapter 9, Section 11, as amended by Laws 2001, Chapter 295, Section 6 and by Laws 2001, Chapter 326, Section 6) is amended to read:
"27-2B-11. INELIGIBILITY.--
A. The following are ineligible to be members of a benefit group:
(1) an inmate or patient of a nonmedical institution;
(2) a person who, in the two years preceding application, assigned or transferred real property unless he:
(a) received or receives a reasonable return;
(b) attempted to or attempts to receive a reasonable return; or
(c) attempted to or attempts to regain title to the real property;
(3) a minor unmarried parent who has not successfully completed a high school education and who has a child at least twelve weeks of age in his care unless the minor unmarried parent:
(a) participates in educational activities directed toward the attainment of a high school diploma or its equivalent; or
(b) participates in an alternative educational or training program that has been approved by the department;
(4) a minor unmarried parent who is not residing in a place of residence maintained by his parent, legal guardian or other adult relative unless the department:
(a) refers or locates the minor unmarried parent to a second-chance home, maternity home or other appropriate adult-supervised supportive living arrangement, taking into account the needs and concerns of the minor unmarried parent;
(b) determines that the minor unmarried parent has no parent, legal guardian or other appropriate adult relative who is living or whose whereabouts are known;
(c) determines that a minor unmarried parent is not allowed to live in the home of a living parent, legal guardian or other appropriate adult relative;
(d) determines that the minor unmarried parent is or has been subjected to serious physical or emotional harm, sexual abuse or exploitation in the home of the parent, legal guardian or other appropriate adult relative;
(e) finds that substantial evidence exists of an act or a failure to act that presents an imminent or serious harm to the minor unmarried parent and the child of the minor unmarried parent if they live in the same residence with the parent, legal guardian or other appropriate adult relative; or
(f) determines that it is in the best interest of the unmarried minor parent to waive this requirement;
(5) a minor child who has been absent or is expected to be absent from the home for forty-five days;
(6) a person who does not provide a social security number or who refuses to apply for one;
(7) a person who is not a resident of
New Mexico;
(8) a person who fraudulently misrepresented residency to receive assistance in two or more states simultaneously except that such person shall be ineligible only for ten years;
[(9) for five years following the date of
release from any federal or state prison or county jail or
following the date of completion of the terms of probation, a
person convicted of a drug-related felony on or after
August 22, 1996; however, the cash assistance of the other
members of his assistance group shall be reduced only by the
amount to which he otherwise would be entitled;
(10)] (9) a person who is a fleeing felon or a
probation and parole violator;
[(11)] (10) a person concurrently receiving
supplemental security income, tribal temporary assistance for
needy families or bureau of Indian affairs general assistance;
and
[(12)] (11) unless he demonstrates good
cause, a parent who does not assist the department in
establishing paternity or obtaining child support or who does
not assign support rights to New Mexico as required pursuant
to the federal act.
[B. At the time of application, a participant
shall state in writing whether he or another member of the
benefit group has been convicted on or after August 22, 1996
of a drug-related felony.
C. A person convicted of a drug-related felony may
be eligible to receive services if the department in
consultation with the corrections department determines that
services would enhance his rehabilitation and employment
success.
D.] B. For the purposes of this section, "second-chance home" means an entity that provides a supportive and
supervised living arrangement to a minor unmarried parent
where the minor unmarried parent is required to learn
parenting skills, including child development, family
budgeting, health and nutrition and other skills to promote
long-term economic independence and the well-being of
children.
C. Pursuant to the authorization provided to the states in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 21 U.S.C. Section 862a(d)(1)(A), New Mexico elects to exempt all persons domiciled in the state from application of 21 U.S.C. Section 862a(a)."