N.M. Stat. » Chapter 27 — Public Assistance
New Mexico Statutes

N.M. Stat. § 27-2-1 (2026)

Short title

✓ current as of May 2026
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Sections 27-2-1 through 27-2-34 NMSA 1978 may be cited as the "Public Assistance Act".

History: 1953 Comp., § 13-17-1, enacted by Laws 1973, ch. 376, § 1; 2013, ch. 139, § 1.

ANNOTATIONS

Cross references. — For public assistance appeals, see Chapter 27, Article 3 NMSA 1978.

For programs for persons with special medical needs, see Chapter 27, Article 4 NMSA 1978.

The 2013 amendment, effective June 14, 2013, after "Section", added "27-2-1 through 27-2-34 NMSA 1978".

Law reviews. — For symposium, "The Equal Rights Amendment and the Administration of Income Assistance Programs in New Mexico," see 3 N.M.L. Rev. 84 (1973).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare Laws §§ 1 to 74.

81 C.J.S. Social Security and Public Welfare § 1 et seq.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1979–2025 · leading case: State Ex Rel. Taylor v. Johnson, 961 P.2d 768 (N.M. 1998).
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State Ex Rel. Taylor v. Johnson, 961 P.2d 768 (N.M. 1998). · cites it 4× “” The Legislature, in amending the original enactment in 1973, created this title and designated various sections of Chapter 27, Article 2 for which the title applied, NMSA 1978, § 27-2-1 (1973), including some sections of the original enactment, e.”
Starko, Inc. v. Presbyterian Health Plan, 276 P.3d 252 (N.M. Ct. App. 2011). · cites it 2× “See NMSA 1978, §§ 27-2-1 to -34 (1972, as amended through 2007).”
Starko, Inc. v. Presbyterian Health Plan, Inc., 2012 NMCA 053 (N.M. Ct. App. 2012). · cites it 2× “See NMSA 1978, §§ 27-2-1 to -34 (1972, as amended through 2007).”
Howell v. Heim, 882 P.2d 541 (N.M. 1994). · cites it 2× “While no provision of the Act directly addresses how funds should be administered during a budgetary shortfall, the Act does make payment of benefits contingent upon the availability of legislative funds.”
State v. Fleming, 149 P.3d 113 (N.M. Ct. App. 2006). · cites it 2× “She points to the definition within the Public Assistance Act, which is interspersed throughout NMSA 1978, §§ 27-2-1 to -34 (1973, as amended through 2006).”
Hillman v. Health & Soc. Servs. Dep't, 590 P.2d 179 (N.M. Ct. App. 1979). · cites it 2× “De Baca, the Department's Executive Director, denying her General Assistance benefits under the New Mexico Public Assistance Act, §§ 27-2-1 et seq., N.M.S.A. 1978. We reverse and remand.”
State Ex Rel. Salazar v. Roybal, 963 P.2d 548 (N.M. Ct. App. 1998). · cites it 2× “See NMSA 1978, § 27-2-1 (1973). The Act describes categories of public assistance provided by the Department in connection with the federal Social Security Act.”
State Ex Rel. Dep't of Human Servs. v. Jojola, 660 P.2d 590 (N.M. 1983). “§§ 27-2-1 through 27-2-36, N.M.S.A.1978 (Repl.”
State Ex Rel. Human Servs. Dep't v. Jackson, 159 P.3d 1132 (N.M. Ct. App. 2007). · cites it 2× “{8} New Mexico complied with the Part IV-D requirements in the Public Assistance Act, NMSA 1978, §§ 27-2-1 to -4, -7 to - 9, -10 to -12, -13 to -15, -17 to -25, -27, -30 to -34 (1973, as amended through 2006).”
Graham v. Blue Cross Blue Shield of New Mexico (D.N.M. 2023). · cites it 2× “10 (2013) (requiring single state agency to administer state Medicaid program); New Mexico Public Assistance Act NMSA § 27-2-1 ef seq. (creating Medicaid program generally and assigning HSD as sole administrator).”
Graham v. Blue Cross Blue Shield of New Mexico (D.N.M. 2025). · cites it 2× “10 (2013) (requiring single state agency to administer state Medicaid program); NMSA 1978, § 27-2-1 et seq. (creating Medicaid program generally and assigning HSD as sole administrator).”
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