Providing free education on the legal and practical issues to help you navigate health care.

New Mexico State Resources

 

This page has information specific to this state, including contact information for federal and state agencies, and some key information about laws and consumer protections. Sometimes, state laws are more protective than federal law. For more information on this state's specific laws (e.g., on employment or health insurance), visit Triage Health's Charts of State Laws.

Browse Resources

Advocacy

Disability Insurance

State Disability Insurance

Federal Disability Programs

Private Disability Insurance

  • You can also purchase short-term and/or long-term disability insurance directly from a private insurance company or this type of insurance may be offered by your employer as an employee benefit. See our Quick Guide to Long-Term Disability Insurance for more information.

Employment

Federal Fair Employment

  • The U.S. Equal Opportunity Employment Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability, or genetic information. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. For more information about the EEOC, including how to file a complaint, visit the EEOC's website, call 800.669.4000, or email info@eeoc.gov.
  • The Job Accommodation Network (JAN) is a program funded by the U.S. Department of Labor, that provides free, expert, and confidential guidance on job accommodations and disability employment issues. They also have several resources on how to approach an employer to request a reasonable accommodation under the Americans with Disabilities Act and a Searchable Online Accommodation Resource where individuals can find suggested accommodations based on job duties or limitations that they are experiencing. For more information, visit the JAN website, call 800.526.7234, or email jan@AskJAN.org.

State Fair Employment

State Unemployment

Vocational Rehabilitation

  • Your state's Vocational Rehabilitation agency provides vocational rehabilitation services that are designed to help job seekers with disabilities obtain competitive employment in integrated work settings. For more information on their services, eligibility requirements, and how to apply, visit the New Mexico Division of Vocational Rehab website.

More Information

Employment - Taking Time Off

Federal Leave Laws

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State Family & Medical Leave (for self & for caregivers)

  • Some states have family & medical leave. New Mexico does not currently have a state family & medical leave law.

State Paid Family Leave (for caregivers)

State Paid Sick Leave (for self)

  • Paid Sick Leave: New Mexico passed the Healthy Workplaces Act in 2021, which became effective on July 1, 2022. All private employers, regardless of size, are covered under the law. The law requires that employees accrue paid leave at a rate of at least one hour per every 30 hours worked. Employees may not use more than 64 hours of paid leave per each 12-month period. For more information on the law, see New Mexico's Reference Guide.
  • Some states have kinship laws that allow you to use your sick leave to care for a child. New Mexico allows employees to use their sick leave to provide care for family members.

State Paid General Leave (for any reason)

  • Some states provide general paid leave. New Mexico does not currently have a general leave law.

State Bone Marrow Donation Leave

County & Local Leave

  • Some cities and counties have additional leave laws.

Workplace Leave Policies or Employment Contracts

  • Everyone’s situation is different. Check your employee handbook, your workplace policies, and/or your employment contract (if you have one) to see whether you are eligible to take paid or unpaid time off from work.

More Information

Estate Planning

Finances

For information on financial assistance resources, you can visit our Financial Assistance Resources module. You can then pick from the different categories of financial assistance, to find organizations that may provide financial help to you. Think creatively. For example, if you cannot find anything to help with your medical bills, you may qualify for utility assistance and shift the money you had dedicated to utilities to your medical bills.

Health

Marketplace

  • For information about options for buying health insurance from private insurance companies, as well as whether you are eligible for marketplace financial assistance, visit the Be Well NM websiteor call 833.862.3935.

COBRA

  • COBRA provides a way for workers and their families to temporarily maintain their employer-provided health insurance during situations such as job loss or a reduction in hours worked. If you have questions about COBRA, visit the Employee Benefits Security Administration website, or call 866.444.3272.

State COBRA

  • For information about your state's COBRA law related to maintaining employer-provided health insurance during situations such as job loss or a reduction in hours worked, as well as information about how your state's law works with federal COBRA, visit the New Mexico Office of Superintendent of Insurance website or call 855.427.5674.

Children's Health Insurance

  • Visit this site to learn about the Children's Health Insurance Program (CHIP) (800.283.4465), which provides low-cost health coverage to children in families that earn too much money to be eligible for Medicaid.
  • Visit InsureKidsNow.gov to learn about free or low-cost health and dental insurance coverage options for kids and teens.

Other Insurance Options

  • If your health insurance company has denied coverage for your care, you can appeal that decision. The process depends on the type of health insurance that you have.
  • If you have private health insurance (e.g., through an employer or the Marketplace), you can also file an external appeal with an entity outside of your insurance company, to see if the insurance company is required to cover your care. The external review process is either handled by the state’s insurance agency or the U.S. Department of Health & Human Services. Visit our Chart of State Laws on Health Insurance Coverage & Navigation to see who runs the external appeals process in your state.

Early & Periodic Screening, Diagnostic, & Treatment (EPSDT)

  • The EPSDT benefit is a Medicaid benefit available to individuals under the age of 21.
  • States are required to provide comprehensive services needed to correct and ameliorate health conditions, including:
    • Early: Assess and identify problems early, starting at birth
    • Periodic: Check children’s health at periodic, age-appropriate intervals in comprehensive well-child visits, including health education
    • Screening: Provide physical, dental, mental, developmental, hearing, vision, and other screening or laboratory tests to detect potential problems
    • Diagnosis: Perform diagnostic tests and assessments to follow up when a risk is identified during screening and examinations
    • Treatment: Control, correct, or ameliorate any problems that are found
  • States are required to provide any additional health care services that are coverable under the federal Medicaid program and found to be medically necessary to treat, correct or reduce illnesses and conditions discovered regardless of whether the service is covered in a state's Medicaid plan. State Medicaid agencies are required to:
    • Inform all Medicaid-eligible individuals under age 21 that EPSDT services are available and of the need for age-appropriate immunizations;
    • Offer and provide, if requested and necessary, assistance with transportation to medical care.
    • Offer and provide, if requested and necessary, assistance with scheduling appointments for EPSDT visits and services.
  • Learn more about your state's program.

Coverage for Children

  • Visit this site to learn about the Children's Health Insurance Program (CHIP) (800.283.4465), which provides low-cost health coverage to children in families that earn too much money to be eligible for Medicaid.
  • Visit InsureKidsNow.gov to learn about free or low-cost health and dental insurance coverage options for kids and teens.

In-Home Support Services (IHSS)

More Medicaid Resources

  • For a list of Hill-Burton Federally Funded Health Centers that are obligated to provide free or reduced-cost health care, visit the Health Resources & Services Administration (HRSA) website.
  • Federally Qualified Health Centers (FQHC) are community-based health care providers that provide primary care services in underserved areas. To search for an FQHC in your state, use the Find a Health Center tool on the HRSA website.
  • To find a community clinic in your area: screenings and services in your area, visit the National Association of Free & Charitable Clinics website.
  • The National Breast & Cervical Cancer Treatment Program (NBCCEDP) provides breast and cervical cancer screenings and diagnostic services to women who have low incomes and are uninsured or underinsured. For more information about screenings and services in your area, use the CDC search tool.
  • The Breast & Cervical Cancer Treatment Program (BCCTP) provides cancer treatment benefits to eligible low-income individuals diagnosed with breast and/or cervical cancer.

Women's Health & Cancer Rights Act (WHCRA)

Privacy

State Clinical Trials Law

  • N.M. Stat. Ann. § 59A-22-43
  • Who must cover the costs? Private insurers, non-profit health service providers, HMOs, managed care organizations, provider service organizations, and other state medical assistance programs. However, limited or specified disease policies are specifically excluded from the statute
  • What must be covered? Routine patient care costs arising from cancer clinical trials. However, the insurer is not bound to pay any out-of-state or out-of-network costs unless specifically set forth in the policy.
  • Requirements for Coverage: The purpose of the trial must involve either the prevention of cancer re-occurrence, early detection, or treatment for which no equally or more effective standard treatment exists and an IRB must review and approve the trial to ensure protection of human subjects.  The clinical trial must not be designed to test solely for the toxicity or disease pathophysiology, and it must have a therapeutic intent.  The statute also sets forth various requirements for the protocol of the study, including criteria for patient selection and reasonable expectation that the treatment will be at least as effective as standard cancer treatment, among others.  Moreover, the facility and personnel providing the experimental treatment must be experienced.  No third party is liable for damages associated with the experimental treatment
  • Qualifying Trials: The clinical trial must be approved by either: (1) the NIH, (2) the NIH cooperative group or center, (3) the U.S. F.D.A., (4) the U.S. Dept. of Defense, (5) the U.S. Dept. of Veterans Affairs, or (6) a qualified research entity that meets the criteria set forth by the NIH for grant eligibility.

 

(Last updated 8/2022) 

More Health Insurance Resources

Housing

Legal Assistance

Transportation

  • Local transit systems may provide free or discounted rates for low-income individuals and families. Some cities also offer bus passes, vouchers for taxi or ride-sharing services, or shuttle services for patients traveling to cancer treatments.
  • Dial 211 for assistance.
  • For more information on financial assistance resources, visit our Financial Assistance Resources module.