N.M. Stat. § 27-2-12.7
Medicaid; health care authority employees; standards of
conduct; enforcement.
A. As used in this section:
(1)
"business" means a corporation, partnership, sole proprietorship, firm,
organization or individual carrying on a business;
(2)
"authority" or "department" means the health care authority;
(3)
"employee" means a person who has been appointed to or hired for an
authority office connected with the administration of medicaid funds and who receives
compensation in the form of salary;
(4)
"employee with responsibility" means an employee who is directly involved
in or has a significant part in the medicaid decision-making, regulatory, procurement or
contracting process; and
(5)
"financial interest" means an interest held by a person, the person's
spouse or minor child that is:
(a) an ownership interest in business; or
(b) an employment or prospective employment for which negotiations have
already begun.
B. No employee with responsibility shall, for twenty-four months following the date
on which the employee ceases to be an employee, act as agent or attorney for another
person or business in connection with a judicial or administrative proceeding,
application, ruling, contract, claim or other matter relating to the medicaid program with
respect to which the employee made an investigation, rendered a ruling or was
otherwise substantially and directly involved during the last year the employee was an
employee and that was actually pending under the employee's responsibility within that
period.
C. The secretary, income support division director or medical assistance division
director or their deputies shall not, for twelve months following the date on which that
person ceases to be an employee, participate with respect to a judicial or administrative
proceeding, application, ruling, contract, claim or other matter relating to the medicaid
program and pending before the authority.
D. An employee with responsibility shall not participate in any manner with respect
to a judicial or administrative proceeding, application, ruling, contract, claim or other
matter relating to the medicaid program and involving the employee's spouse, minor
child or a business in which the employee has a financial interest unless prior to the
participation:
(1)
full disclosure of the employee's relationship or financial interest is made
in writing to the secretary; and
(2)
a written determination is made by the secretary that the disclosed
relationship or financial interest is too remote or inconsequential to affect the integrity of
the services of the employee.
E. Violation of any of the provisions of this section by an employee is grounds for
dismissal, demotion or suspension. A former employee who violates a provision of this
section is subject to assessment by the authority of a civil money penalty of two
hundred fifty dollars ($250) for each violation. The authority shall promulgate rules to
provide for an administrative appeal of an assessment imposed.