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Detailed Answer

Under New Mexico law, the Human Services Department (HSD) may file a claim against a decedent’s estate to recover Medicaid benefits paid for long-term care. The recovery authority stems from NMSA 1978, § 27-2-10 (Medicaid Estate Recovery). To obtain and review the documentation of such a claim, follow these steps:

1. Locate the Probate Case
   Use the New Mexico Courts Case Lookup (nmcourts.gov/caselookup) or contact the county clerk’s office where probate was opened. Note the case number and filing date of the order admitting the will or appointing a personal representative.
2. Obtain Filed Claims
   In probate, creditors—including HSD—must file a proof of claim within four months of the first notice to creditors under NMSA 1978, § 45-3-805 (Proof of Claim Deadline). Request copies of the Notice of Claim or Proof of Claim submitted by HSD from the clerk’s office.
3. Request Agency Records under IPRA
   For detailed benefit records, submit an Inspection of Public Records Act request to HSD. Reference NMSA 1978, § 14-2-1 (IPRA). Include the decedent’s name, Medicaid ID, and service dates. Send your request to:
   Human Services Department Records Access Bureau
   1474 Rodeo Road, Bldg. C, Santa Fe, NM 87505
4. Review Reimbursement Calculations
   HSD will provide its calculation of benefits paid for nursing home or home-and-community-based services. Check dates of eligibility, service rates, and total amounts. Compare these figures against estate assets and other creditor claims.
5. Understand Probate Rules on Creditor Claims
   Familiarize yourself with NMSA 1978, § 45-3-804 through § 45-3-810 (Creditor Claims in Probate). These sections set deadlines, notice requirements, and procedures for objecting to claims.

Helpful Hints

• Check the probate court website frequently for docket updates.
• Note the four-month deadline to file or object to a claim under NMSA 45-3-805.
• Keep detailed logs of all correspondence and document requests.
• Ask the clerk about any copying or certification fees for records.
• Consider consulting a probate attorney if the estate involves complex assets.
• Track the statute of limitations for challenging any filed claim.

Disclaimer: This article provides general information on New Mexico Medicaid estate recovery and probate. It is not legal advice. Consult a qualified attorney to address your specific situation.