New Mexico § 27-2-23 - Third party liability
Full text of New Mexico New Mexico Statutes Annotated § 27-2-23 — Third party liability, with citation guidance and answers to common questions.
§ 27-2-23. Third party liability
A. The income support division of the department shall make reasonable efforts to
ascertain any legal liability of third parties who are or may be liable to pay all
or part of the medical cost of injury, disease or disability of an applicant for or
recipient of medical assistance pursuant to the provisions of Chapter 27 NMSA 1978 . B. When the department makes medical assistance payments on behalf of a recipient,
the department is subrogated to any right of the recipient against a third party for
recovery of medical expenses to the extent that the department has made payment. C. Health insurers, including self-insured plans, group health plans, service benefit
plans, managed care organizations, pharmacy benefit managers or other parties, that
are, by statute, contract or agreement, legally responsible for payment of a claim
for a health care item or service, as a condition of doing business with New Mexico,
shall: (1) provide, with respect to individuals who are eligible for or are provided medical
assistance under the medicaid program, upon the request of the state, information
to determine during what period the individual, the individual's spouse or the individual's
dependents may be, or may have been, covered by a health insurer and the nature of
the coverage provided by the health insurer, including the name, address and identifying
number of the plan; (2) accept New Mexico's right of recovery and the assignment to New Mexico of any
right of an individual or other entity to payment from the party for an item or service
for which payment has been made under the medicaid program; (3) respond to any inquiry by New Mexico regarding a claim for payment for any health
care item or service that is submitted no later than three years after the date of
the provision of such health care item or service; and (4) agree not to deny a claim submitted by New Mexico solely on the basis of the date
of submission of the claim by the provider, the type of the claim form or a failure
to present proper documentation at the point-of-sale that is the basis of the claim,
if: (a) the claim is submitted by New Mexico within the three-year period beginning on
the date on which the item or service was furnished; and (b) any action by New Mexico to enforce its rights with respect to such claim is commenced
within six years of New Mexico's submission of such claim. D. Nothing in this section shall be construed to preclude the application of common
law principles in determining equitable reimbursement from any third-party source
for New Mexico or a health insurer, including self-insured plans, group health plans,
service benefit plans, managed care organizations, pharmacy benefit managers or other
parties.
Frequently Asked Questions About New Mexico § 27-2-23
What does New Mexico Statutes Annotated § 27-2-23 cover?
Section 27-2-23 ("Third party liability") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 27-2-23?
A common citation format is "New Mexico Statutes Annotated § 27-2-23" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 27-2-23 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.