New Mexico § 27-2-12.17 - Qualified state long-term care insurance partnership program; establishment; rulemaking

§ 27-2-12.17. Qualified state long-term care insurance partnership program; establishment; rulemaking

A. Consistent with the federal act and subject to the appropriation and availability

of federal and state funds, the secretary shall amend the state medicaid plan to establish

a qualified state long-term care insurance partnership program pursuant to Section

1917(b) of the federal act. The program shall: (1) provide incentives for an individual to obtain or maintain qualified insurance

to cover the cost of long-term care; and (2) provide a mechanism for an individual to qualify for medical assistance for institutional

care or a medical assistance home- and community-based long-term care program on the

basis of countable resources. Pursuant to the qualified state long-term care insurance partnership program: (a) an individual who otherwise qualifies for medical assistance for institutional

care or a medical assistance home- and community-based long-term care program shall

qualify on the basis of countable resources when the individual is the beneficiary

of a qualified insurance policy, insurance plan, certificate of insurance or rider;

and (b) for purposes of determining eligibility, the individual's total countable resources

shall be reduced by an amount equal to the qualified insurance benefits that are made

to or on behalf of the individual. B. The secretary shall consult with the superintendent of insurance in the adoption

and promulgation of rules regarding the implementation and operation of the qualified

state long-term care partnership insurance program. These rules shall provide for reciprocity with respect to individuals who have purchased

qualified insurance in another state participating in a qualified state long-term

care insurance partnership program and shall provide that the amount of that individual's

countable resources shall be disregarded with respect to that qualified insurance. C. As used in this section: (1) “ qualified insurance ” means an insurance policy, insurance plan, certificate of insurance or rider that

the superintendent has certified as qualified long-term care partnership program insurance

pursuant to Section 4 of this 2013 act; and (2) “ rider ” means a long-term care coverage provision added to any type of insurance plan, insurance

policy or certificate of insurance.