As used in the Medicaid Estate Recovery Act:

Terms Used In New Mexico Statutes 27-2A-3

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Personal property: All property that is not real property.
  • Probate: Proving a will

A. “department” means the human services department [health care authority department];

B. “estate” means real and personal property and other assets of the individual subject to probate or administration pursuant to the provisions of the Uniform Probate Code [45-1-1 N.M. Stat. Ann.]; and

C. “medical assistance” means amounts paid by the department as medical assistance pursuant to Title XIX of the Social Security Act.