New Mexico § 27-13-7 Fiscal intermediary; exemptions; workers' compensation

New Mexico Statutes

§ 27-13-7 — Fiscal intermediary; exemptions; workers' compensation

New Mexico § 27-13-7

Ch. 27Public Assistance

Art. 13Consumer Direction

This text of New Mexico § 27-13-7 (Fiscal intermediary; exemptions; workers' compensation) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 27-13-7 (2026).

Text

A. A fiscal intermediary shall not be subject to vicarious liability as an employer or principal for a wrongful act committed by a personal care attendant if the attendant:

(1)is not a current or former employee of the fiscal intermediary;

(2)has not received training or instruction from the fiscal intermediary with respect to providing personal care services to a person with a disability, not including administrative paper work;

(3)has been hired by and received training or instruction from the consumer or the consumer's authorized representative to provide personal care to the consumer; and (4) provides basic assistance with daily living activities that do not require the education, certification or training of a licensed health care practitioner. B. A fiscal intermediary may identify

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A. A fiscal intermediary shall not be subject to vicarious liability as an employer or principal for a wrongful act committed by a personal care attendant if the attendant: (1) is not a current or former employee of the fiscal intermediary; (2) has not received training or instruction from the fiscal intermediary with respect to providing personal care services to a person with a disability, not including administrative paper work; (3) has been hired by and received training or instruction from the consumer or the consumer's authorized representative to provide personal care to the consumer; and (4) provides basic assistance with daily living activities that do not require the education, certification or training of a licensed health care practitioner. B. A fiscal intermediary may identify a personal care attendant as a covered employee with the fiscal intermediary's workers' compensation carrier solely to provide workers' compensation coverage in the event of a work-related injury. Nothing in this subsection shall be construed to create an employer-employee relationship between the fiscal intermediary and the personal care attendant. C. Nothing in this section shall be construed to provide the fiscal intermediary with immunity from a claim for a wrongful act committed by the fiscal intermediary or its employees. D. As used in this section: (1) "consumer" means a person who is eligible for and receives state-funded or -operated services based on the person's disabilities; (2) "fiscal intermediary" means a provider that furnishes administrative assistance for a consumer who selects a consumer-directed, rather than consumer- delegated, personal care program; (3) "personal care attendant" means a person who provides assistance to a consumer with activities of daily living, including bathing, dressing, eating, transportation, shopping and similar activities; and (4) "personal care program" means a state-funded or -operated support program, including medicaid, that provides the services of a personal care attendant for certain persons with a disability.