Your state's pack. New issue every Monday. Bookmark it. I built this for the New Mexico T&E solo who knows Chapter 45 cold but still loses an afternoon a week tracking the moving Medicaid pieces — and who needs the community-property basis math and the probate-only recovery rule at their fingertips.
For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.
Three developments I think actually matter to a New Mexico T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.
Under the Medicaid Estate Recovery Act (NMSA 1978, §§ 27-2A-1 et seq.) and 8.200.430 NMAC, HCA recovers only against assets subject to probate under the Uniform Probate Code.
This is the structural fact a New Mexico Medicaid plan is built around. A recorded TOD deed or funded trust that keeps the home out of probate is the recovery shield; the trap is letting the home fall into probate.
NMSA 1978, § 27-2A-1 et seq.; 8.200.430 NMAC · law.cornell.edu
New Mexico's Uniform Real Property Transfer on Death Act, NMSA 1978, §§ 45-6-401 et seq., lets an owner record a TOD deed that passes the home outside probate.
Because recovery is probate-only, the recorded TOD deed (or trust) is the recovery play — and community-property titling preserves the full double basis step-up at the first spouse's death.
NMSA 1978, § 45-6-401 et seq. · law.justia.com
New Mexico's 1115 managed-care program rebranded to Turquoise Care effective July 1, 2024, administered by the Health Care Authority (HCA, formerly HSD); LTC services run through the Community Benefit.
Update your intake forms and client-facing materials: the agency is HCA and the program is Turquoise Care, not HSD / Centennial Care.
NM Turquoise Care 1115 demonstration · hca.nm.gov / medicaid.gov
This week in New Mexico for the T&E solo with Medicaid-planning clients: what the State Bar of New Mexico, HCA, and CMS put in front of you.
The bar CLE calendar, the HCA bulletins, and the federal standards all publish on different schedules. This is that sift, already done, with the link on each item.