Recovery scope
Probate-only recovery from property subject to probate or administration under New Mexico's Uniform Probate Code. For recipients age 55 or older it covers nursing-facility, HCBS, and related hospital and prescription services, subject to the rule's exceptions.
Controlling authority
New Mexico Administrative Code 8.200.430.19
Exemptions and deferrals
Recovery waits until after a surviving spouse dies and is not made while a child under 21 or blind or disabled survives. The rule also excludes specified Medicare cost-sharing benefits, identified American Indian and Alaska Native property, and ABLE accounts on its stated conditions.
Hardship-waiver path
Hardship grounds include serious deprivation or needs-program risk, a sole income-producing asset, a homestead at or below 50% of the county average home price, and other compelling circumstances, with notice and hearing rights.
Sources and update policy
Methodology & sources
Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.
This page is educational and is not legal advice.