The New Mexico medicaid program and other health care programs are administered pursuant to regulations promulgated by the federal department of health and human services under Title XIX of the Social Security Act as amended or by state statute. See Section 27-2-12 et seq., NMSA 1978. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation. Section 27-2-12.22. NMSA 1978 establishes that an individual’s incarceration shall not be used as a basis for denying or terminating medicaid eligibility and authorizes HCA to suspend rather than terminate medicaid during incarceration and to accept and process applications for medicaid from incarcerated individuals.

[8.310.14.3 NMAC - N, 8/1/2026]