N.M. Stat. § 27-2-12.5
Medicaid-certified nursing facilities; retroactive eligibility;
refunds; penalty.
A. Medicaid payment for a medicaid-eligible patient shall be accepted by a
medicaid-certified nursing facility from the first month of medicaid eligibility, regardless
of whether the eligibility is retroactive. The nursing facility shall refund to the patient or
responsible party all out-of-pocket money except for required medical-care credits paid
to the nursing facility for that patient's care on and after the date of medicaid eligibility
for services covered by the medicaid program. Within thirty days after notification by the
human services department [health care authority department] of the patient's medicaid
eligibility, the nursing facility shall make any necessary refund to the patient or
responsible party required under this section.
B. In any cause of action brought against a nursing facility because of its failure to
make a refund to the patient or responsible party as required under Subsection A of this
section, the patient or responsible party may be awarded triple the amount of the money
not refunded or three hundred dollars ($300), whichever is greater, and reasonable
attorneys' fees and court costs.