A. The department shall seek recovery from the estate of an individual:

(1)     for medical assistance paid on behalf of an individual who was an inpatient in a nursing facility, intermediate care facility for individuals with developmental or intellectual disabilities or other medical institution if the individual was required, as a condition of receiving services in the facility or institution pursuant to the state plan, to spend for costs of services all but a minimal amount of the individual’s income required for personal needs, and with respect to whom the department determined, after opportunity for a hearing in accordance with procedures established by the department, could not reasonably have been expected to have been discharged from the facility or institution to return home; and

(2)     for medical assistance payments made for nursing facility services, home- and community-based services and related hospital and prescription drug services on behalf of an individual who was fifty-five years of age or older when the individual received medical assistance.

B. In the case of an individual who has participated in the state’s qualified state long-term care insurance partnership program pursuant to Section 27-2-12.17 N.M. Stat. Ann., the department shall seek recovery of medical assistance paid on behalf of the individual only of the value of the individual’s estate that exceeds the amount that the department has disregarded from the individual’s countable resources pursuant to Paragraph (2) of Subsection A of Section 27-2-12.17 N.M. Stat. Ann. in making its eligibility determination for medical assistance for institutional care or a medical assistance home- and community-based long-term care program.