N.M. Stat. » N.M. Stat. / Chapter 30 / Article 44
New Mexico Statutes

N.M. Stat. § 30-44-1 (2026)

Short title.

✓ current as of May 2026
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Chapter 30, Article 44 NMSA 1978 may be cited as the "Medicaid Fraud Act".

History: Laws 1989, ch. 286, § 1; 1997, ch. 98, § 1.

                                    ANNOTATIONS
Cross references. — For provisions relating to medicaid, see 27-2-12 NMSA 1978 et
seq.

The 1997 amendment, effective June 20, 1997, substituted "Chapter 30, Article 44
NMSA 1978" for "This act".
Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 2011–2024 · leading case: New York v. Amgen Inc., 652 F.3d 103 (1st Cir. 2011).
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New York v. Amgen Inc., 652 F.3d 103 (1st Cir. 2011). “” This Article states: If the provider obtains an excess payment or benefit willfully, by means of false statement, representation, concealment of any material fact, or other fraudulent scheme or devise with intent to defraud, criminal sentences and fines and/or civil monetary…”
New Mexico ex rel. Balderas v. Purdue Pharma L.P., 323 F. Supp. 3d 1242 (D.N.M. 2018). · cites it 2× “§§ 57-12-1 to -26 (Count II); violation of New Mexico's Medicare Fraud Act, N.M. Stat. Ann. §§ 30-44-1 to -8 (Count III); violation of New Mexico's Racketeering Act, N.”
State ex rel. King v. Advantageous Cmty. Servs., LLC, 2014 NMCA 76 (N.M. Ct. App. 2014). · cites it 2× “In its suit the State alleges that Imagine knowingly submitted bills for services provided by six caregivers whose criminal histories did not meet the screening requirements and that, therefore, Imagine violated the the Medicaid Fraud Act, NMSA 1978, §§ 30-44-1 to -8 (1989, as…”
State ex rel. King v. Behavioral Home Care, Inc., 2015 NMCA 035 (N.M. Ct. App. 2014). · cites it 2× “(BHC) alleging violations of the New Mexico Medicaid Fraud Act (the MFA), NMSA 1978, §§ 30-44-1 to -8 (1989, as amended through 2004), and breach of contract.”
State Ex Rel. King v. Advantageous Cmty. Servs., LLC, 2014 NMCA 076 (N.M. Ct. App. 2014). · cites it 4× “In its suit the State alleges that Imagine knowingly submitted bills for services provided by six caregivers whose criminal histories did not meet the screening requirements and that, therefore, Imagine violated the the Medicaid Fraud Act, NMSA 1978, §§ 30-44-1 to -8 (1989, as…”
State ex rel. Balderas v. Bristol-Myers Squibb, 436 P.3d 724 (N.M. Ct. App. 2018). · cites it 2× “The complaint alleges that "Defendants' false, deceptive, and unfair labeling and promotion of their prescription antiplatelet drug Plavix" violated the New Mexico Unfair Practices Act (UPA), NMSA 1978, §§ 57-12-1 to -26 (1967, as amended through 2009); the New Mexico Medicaid…”
Johnson & Johnson v. Wilson, 563 P.3d 841 (N.M. 2024). · cites it 2× “These encompass, on the one hand, claims sounding in fraud and negligent misrepresentation; negligence; and unjust enrichment; and also include claims arising under the New Mexico Unfair Practices Act, NMSA 1978, §§ 57-12-1 to -26 (1967, as amended through 2019); the New Mexico…”
Ann Morrow & Assoc. v. N.M. Human Servs. Dep't (N.M. Ct. App. 2022). · cites it 2× “See NMSA 1978, §§ 30-44-1 to -8 (1989, as amended through 9 2004).”
Advantageous Cmty. Servs., LLC v. King (D.N.M. 2019). · cites it 2× “In its suit the State alleges that Imagine knowingly submitted bills for services provided by six caregivers whose criminal histories did not meet the screening requirements and that, therefore, Imagine violated [ ] the Medicaid Fraud Act, NMSA 1978, §§ 30-44-1 to -8 (1989, as…”
La Frontera Ctr., Inc. v. United Behavioral Health, Inc. (D.N.M. 2023). · cites it 2× “§§ 30-44-1 through 30-44-8. Doc. 77. Pursuant to the FCA, the NMFATA, and the NMMFCA, the relator is required to file the complaint under seal.”
Ann Morrow & Assoc. v. N.M. Human Servs. Dep't (N.M. Ct. App. 2022). · cites it 2× “See NMSA 1978, §§ 30-44-1 to -8 (1989, as amended through 2004).”
State of New Mexico ex rel. King v. Behavioral Home Care, Inc. (N.M. Ct. App. 2014). · cites it 2× “(BHC) alleging violations of the New Mexico Medicaid Fraud Act (the MFA), NMSA 1978, §§ 30-44-1 to -8 (1989, as amended through 2004), and breach of contract.”
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