N.M. Stat. § 27-2B-14
Sanctions.
A. The department shall sanction a member of a benefit group for noncompliance
with work requirements or child support requirements.
B. The sanction shall be applied at the following levels:
(1)
twenty-five percent reduction of cash assistance for the first occurrence of
noncompliance;
(2)
fifty percent reduction of cash assistance for the second occurrence of
noncompliance; and
(3)
termination of cash assistance and ineligibility to reapply for six months for
the third occurrence of noncompliance.
C. Prior to imposing the first sanction, if the department determines that a
participant is not complying with the work participation requirement or child support
requirements, the participant shall be required to enter into a conciliation process
established by the department to address the noncompliance and to identify good cause
for noncompliance or barriers to compliance. The conciliation process shall occur only
once prior to the imposition of the sanction. The participant shall have ten working days
from the date a conciliation notice is mailed to contact the department to initiate the
conciliation process. A participant who fails to initiate the conciliation process shall have
a notice of adverse action mailed to him after the tenth working day following the date
on which the conciliation notice is mailed. Participants who begin but do not complete
the conciliation process shall be mailed a notice of adverse action thirty days from the
date the original conciliation notice was mailed.
D. Reestablishing compliance shall allow full payment to resume.
E. Noncompliance with reporting requirements may subject a participant to other
sanctions, except that an adult member of the benefit group shall not be sanctioned for
the failure of a dependent child to attend school.
F. Effective October 1, 2001, the department shall not terminate the medicaid
benefits of any member of a benefit group due to imposition of a sanction pursuant to
the provisions of this section.