N.M. Stat. § 24A-1-3 (2026)

A. The authority may:

       (1)    bring action in court for the enforcement of laws and rules pertaining to the
authority's powers and duties;

       (2)     enter into joint powers agreements to carry out the powers and duties of
the authority;

      (3)   cooperate and enter into contracts or agreements with the federal
government or any other person to carry out the powers and duties of the authority;

       (4)     cooperate and enter into contracts or agreements with Native American
nations, tribes and pueblos and off-reservation groups to coordinate the provision of
essential physical, mental and behavioral health services and functions;

       (5)    adopt, promulgate and enforce such rules as may be necessary to carry
out the provisions of the Health Care Code;

       (6)    sue and, with the consent of the legislature, be sued;

       (7)   request and inspect, while maintaining federal and state confidentiality
requirements, copies of:

         (a) medical and clinical records reasonably required for the authority's quality
assurance and quality improvement activities; and

           (b) medical and clinical records pertaining to a person whose death is the
subject of inquiry by the department of health's mortality review activities; and

       (8)   do all other things necessary to carry out its duties as defined by law and
rules promulgated in accordance with law.
     B. The authority shall:

        (1)   promulgate and enforce rules for the licensure of health facilities under its
jurisdiction;

       (2)    license and inspect health facility premises to ensure compliance with
laws, rules and public safety; and

        (3)    carry out such other duties as provided by law.

    C. The authority and the office of the state long-term care ombud shall have prompt
access to all files and records in the possession of the department of health that are
related to any health facility investigation; provided that a person who discloses
confidential information protected by federal or state law is guilty of a petty
misdemeanor.

History: 1978 Comp., § 24A-1-3, enacted by Laws 2024, ch. 39, § 24.

                                     ANNOTATIONS

Effective dates. — Laws 2024, ch. 39, § 134 made Laws 2024, ch. 39 effective July 1,
2024.

Temporary provisions. — Laws 2024, ch. 39, § 131 provided:

A.      On July 1, 2024:

(1)     functions, employees, money, appropriations, records, equipment and other
property of the department of health pertaining to the developmental disabilities
supports division, health improvement division and health facility licensing and
certification bureau are transferred from the department of health to the health care
authority;

(2)    all contractual obligations pertaining to the developmental disabilities supports
division, health improvement division and health facility licensing and certification
bureau shall be deemed to be contractual obligations of the health care authority; and

(3)    statutory references to the developmental disabilities supports division, health
improvement division and health facility licensing and certification bureau or other
functions transferred from the department of health to the health care authority shall be
deemed to be references to the health care authority.

B.     On July 1, 2024, functions, employees, money, appropriations, records,
equipment and other property of the office of the superintendent of insurance pertaining
to the administration of the health care affordability fund are transferred to the health
care authority. Contractual obligations of the office of the superintendent of insurance
pertaining to the health care affordability fund shall be deemed to be contractual
obligations of the health care authority.

County and municipal officials exceeded their authority by enacting abortion-
related ordinances preempted by state law. — Where several counties and
municipalities (respondents) enacted local ordinances prohibiting the mailing or receipt
of any abortion-related instrumentality and creating licensing schemes exclusive to
abortion clinics and providers, and where the state of New Mexico sought a writ of
mandamus and stay of respondents' enforcement of the ordinances and to invalidate
the ordinances as preempted by state law, the writ of mandamus was granted because
the ordinances plainly conflicted with the provisions of the Health Care Code, which
imposes uniformity in access and quality of health care throughout the state. State ex
rel. Torrez v. Bd. of Cnty. Comm'rs for Lea Cnty., 2025-NMSC-011.