New Mexico Medicaid Estate Recovery

New Mexico's Estate Recovery Program is run by HCA's Medical Assistance Division, which seeks repayment from the estates of certain deceased Medicaid members for long-term-care services and related medical costs paid on their behalf (HCA New Mexico Estate Recovery Program guide).

What sets New Mexico apart from expanded-recovery states is the scope of what counts as reachable. HCA's current guide states plainly that recovery is sought only on assets subject to probate, and only up to the value of the estate — nothing beyond that. The governing rule backs this up by defining an estate as real and personal property and other assets subject to probate or administration under the New Mexico Uniform Probate Code (HCA New Mexico Estate Recovery Program guide; HCA 8.200.430 NMAC estate-recovery rule).

This probate-only scope means that assets passing outside probate — through a properly executed transfer-on-death deed, for instance — generally fall outside this recovery program's reach, though families should still confirm that with counsel given the specific facts of an estate. New Mexico's program also offers case-specific hardship review for situations where recovery would create genuine difficulty for survivors.