New Mexico's Institutional Care Medicaid rule applies a 60-month look-back to transfers made on or after February 8, 2006. That review window begins running when a person actually applies for Institutional Care Medicaid while already in an institution, and the same 60-month look-back applies to trust-related transfers that get treated as disposed assets (HCA 8.281.500 NMAC institutional-care rule).
This isn't a tax exercise — HCA describes the consequence of a disqualifying transfer as "restricted coverage," meaning a person can face a real limitation on the Medicaid long-term-care coverage they were otherwise seeking. The governing rule directs HCA to identify any transfers made for less than fair market value during the applicable period and then apply the state's transfer provisions to those transfers (HCA 8.281.500 NMAC institutional-care rule).
New Mexico's 2026 figures include a published transfer-penalty divisor of $9,209 per month, the same average nursing-facility cost figure used elsewhere in the state's eligibility calculations, which converts an improperly transferred amount into a corresponding restricted-coverage period.