N.M. Stat. § 27-2-12.11
Prescription drug waiver program; purpose; eligibility.
Subject to the availability of state funds and consistent with the federal Social
Security Act, the human services department [health care authority department] shall
create a medicaid waiver program and may by regulation provide prescription drugs to
persons whose incomes are less than one hundred eighty-five percent of the federal
poverty level and who:
A. are sixty-five years of age or older; or
B. have been determined to be disabled under the criteria established under the
federal social security administration's disability determination rules as applied by the
department.