N.M. Stat. § 40-7B-5
Special provisions relating to medical assistance.
A. A child with special needs, resident in this state, who is the subject of an
adoption assistance agreement with another state shall be entitled to receive a medical
assistance identification from this state upon filing with the department a certified copy
of the adoption assistance agreement obtained from the adoption assistance state. In
accordance with regulations of the department, the adoptive parents may be required
periodically to show that the agreement is still in force or has been renewed.
B. The department shall consider the holder of a medical assistance identification
pursuant to this section as any other holder of a medical assistance identification under
the laws of this state and shall process and make payment on claims on account of
such holder in the same manner and pursuant to the same conditions and procedures
as for the recipients of medical assistance.
C. Where the department has entered into an adoption assistance agreement to
provide to a child services which are not provided by the residence state, the
department shall provide those services agreed to which are not provided by the
residence state. The department will not make any payment for services provided by the
residence state, even if the payment authorized for the service in the residence state is
less than the payment amount authorized in New Mexico for that service. The adoptive
parents acting for the child may submit evidence of payment for services or benefit
amounts not provided by the residence state and shall be reimbursed therefor.
However, there shall be no reimbursement for services or benefit amounts covered
under any insurance or other third party medical contract or arrangement held by the
child or the adoptive parents. The additional coverages and benefit amounts provided
pursuant to this section shall be for services for which there is no federal contribution or
which, if federally aided, are not provided by the residence state. Among other things,
such regulations shall include procedures to be followed in obtaining prior approvals for
services in those instances where required for the assistance.
D. The provisions of this section shall apply to medical assistance for children under
adoption assistance agreements from states that have entered into a compact with this
state under which the other state provides medical assistance to children with special
needs under adoption assistance agreements made by this state. All other children
entitled to medical assistance pursuant to adoption assistance agreements entered into
by this state shall be eligible to receive such assistance in accordance with the laws and
procedures applicable thereto.