N.M. Stat. § 27-15-3
Community-based living; choice of options.
An elderly or disabled individual who is identified and assessed as eligible for
community-based living shall be allowed to choose, from among all service options
available, the type of service that best meets that individual's needs. The individual's
medical assistance funds shall be made available for the individual for the service
option the individual selects, not to exceed the cost of the service. The department shall
apply for federal approval as necessary, and upon federal approval, implement this
section under existing or future federal legislation.