Federal Court to hear Special Master’s findings on illegal barriers to food and medical assistance on Thursday

ALBUQUERQUE, NM — On Thursday, in U.S. District Court in Albuquerque, Judge Kenneth Gonzales will hold a hearing on the court-appointed Special Master’s report regarding the New Mexico Human Services Department’s failure to comply with multiple court orders to timely and accurately provide food and medical assistance to eligible families. The court ordered 20 high-level employees to be present at the hearing.

In September 2016, Judge Gonzales held the HSD Secretary Brent Earnest in contempt for failing to remove barriers to assistance for eligible families and appointed a Special Master to monitor and make recommendations to the department. The Special Master issued a report in January 2018 finding that “the current HSD/ISD management team lacks sufficient knowledge, skills, and abilities to appropriately manage the program or bring it into full compliance with the Consent Decree.” The Special Master recommended that HSD take immediate action, including removing five high-level employees from the division that administers food and medical assistance, appoint qualified experts, and improve worker training.

Despite court orders and the expertise provided by the Special Master, HSD continues to improperly deny eligible New Mexicans food and medical assistance. Each month the department develops a backlog of unprocessed cases, a large share of phone calls are not answered, and workers are not accurately trained on the requirements for processing food and medical assistance applications.

Court hearing on the Special Master’s Report (Doc. 810) on HSD compliance with court orders in Deborah Hatten Gonzales v. Brent Earnest (No. 88-385 KG/CG) and the objections to the Special Master’s Report (Docs. 812 & 813)

Thursday, March 1, 2018 at 9:00 a.m.

Pete V. Domenici United States Courthouse
440 Hondo Courtroom
333 Lomas Boulevard, N.W.
Albuquerque, NM 87102

New Mexico Center on Law and Poverty attorneys
Special Master Lawrence M. Parker and Compliance Specialist Ramona McKissic
HSD Secretary Brent Earnest
HSD Deputy Secretary and General Counsel Christopher Collins
Income Support Division Director Mary Brogdon
19 other HSD staff members were also ordered to attend, including county directors, regional operations managers, a former deputy secretary, and assistant general counsel

Proposed cuts to Medicaid in Trump budget would have devastating impact on New Mexico

ALBUQUERQUE, NM — The proposed cuts to Medicaid in the Trump administration’s budget for fiscal year 2019 would prevent hundreds of thousands of New Mexicans from accessing healthcare. The budget, if approved by Congress, would cut Medicaid by $1.4 trillion dollars between 2019-2028; eliminate critical funding for Medicaid expansion, which provides over 250,000 New Mexicans with healthcare coverage; and end subsidies that help individuals and families when buying insurance through the marketplace.

“The drastic cuts to Medicaid would make healthcare unaffordable for millions of Americans and hundreds of thousands of New Mexicans,” said Abuko D. Estrada, attorney for the New Mexico Center on Law and Poverty. “After handing out tax cuts to the richest households, the administration now wants to cut Medicaid by over a trillion dollars in the next decade. This would devastate New Mexico’s budget or force our state to ration healthcare to children, the elderly, people with disabilities, pregnant women, and low-income adults.”

The budget proposes the same cuts to Medicaid as last year’s bills in Congress to repeal the Affordable Care Act. It would cut funding for Medicaid and restructure the program into a per capita cap system. This would give New Mexico a set amount of Medicaid funding to spend per person rather than a federal match for the state’s actual costs. If New Mexico’s Medicaid costs grow faster than the cap amount, the state would be forced to make deep cuts to Medicaid benefits, services, and even eligibility.

A study last year conducted by the UNM Robert Wood Johnson Health Policy Center found that the combined Medicaid cuts could cost New Mexico more than $400 million per year or cause more than 250,000 people to lose coverage.

‘NM Together for Healthcare’ launches campaign for affordable healthcare for all New Mexicans

Statewide effort includes an innovative Medicaid buy-in plan

ALBUQUERQUE, NM: On Friday, New Mexico organizations and individuals launched NM Together for Healthcare, a campaign to make good healthcare affordable for everyone in the state. The campaign includes an initiative to advance an innovative Medicaid buy-in plan to expand access to quality, affordable healthcare.

“We are all equal in deserving health care,” said Alfonso Yazzie, healthcare leader from Yah-ta-hey, New Mexico.

In the upcoming Legislative Session, NM Together for Healthcare will be supporting state Sen. Jerry Ortiz y Pino and state Rep. Debbie Armstrong’s memorials to explore a Medicaid buy-in plan for New Mexico. The buy-in—a concept that is gaining momentum nationally with similar bills introduced in Congress and currently in progress in Massachusetts, Illinois, and Iowa—opens up Medicaid to allow more consumers to buy low cost coverage through a Medicaid plan. This provides people with affordable health care and creates more choices in the insurance market.

“Our work will not be done until all New Mexicans have access to affordable, quality health care,” said Armstrong, chair of the House Health and Human Services Committee. “We need innovative policies like Medicaid buy-in to make sure all families are cared for.”

NM Together for Healthcare began its campaign after hearing from New Mexicans that despite recent improvements through the Affordable Care Act, quality health care is still out of reach for many.

“My father worked as a custodian for 30-plus years in the schools,” said Maximina Urritia, a healthcare leader from Anthony. “After retiring, both my parents fell ill. With no insurance, and a budget of $700 per month from my dad’s retirement, they knew they could not afford the medical attention or medications they needed. Without that care, they died too early. Healthcare would have saved my parents lives.”

Currently, more than 180,000 New Mexicans, like Maximina’s parents, don’t have healthcare coverage.

“No one should have to go without healthcare because it is too expensive,” said Sireesha Manne, healthcare supervising attorney at the New Mexico Center on Law and Poverty, “Medicaid already helps more than 850,000 New Mexican children and families get comprehensive care, and could be opened up to everyone as a low-cost option. The buy-in plan is a promising solution.”

The campaign’s website can be found at: http://nmtogether4health.org/

Follow the campaign on Facebook @NMTogether4Healthcare and Twitter @NMT4HC.


NM Together for Healthcare is a statewide, multiracial campaign of families and community organizations working together to strengthen healthcare access in New Mexico, supported by Strong Families New Mexico and New Mexico Center on Law and Poverty



Action Alert: Last chance to stop harmful Medicaid cuts in New Mexico

We have one last chance to stop the harmful Medicaid cuts that Governor Martinez and the Human Services Department are proposing in the Centennial Care 2.0 plan! Co-pays, premiums, eliminating retroactive coverage, and ending other important benefits will not make Medicaid better.

These major cuts will cause thousands of low-income New Mexicans to lose healthcare coverage, shift more costs to healthcare providers, and raise overall costs for our healthcare system and state budget. The cuts will also deny our children and families access to timely and appropriate care, forcing them to wait until medical conditions worsen into emergencies before seeking medical attention.

Please call and urge your networks to contact Governor Martinez at (505) 476-2200. Tell her to stop Medicaid cuts by withdrawing the proposals for premiums, co-pays, eliminating retroactive coverage, and other damaging cuts to benefits and services. Please call her this week before HSD submits its final proposal to the federal government.


Human Services Department to Hold Hearing on Medicaid Cuts on Monday, October 30

ALBUQUERQUE, NM—New Mexico’s Human Services Department (HSD) will hold a hearing on the serious cuts the Medicaid program faces in the Centennial Care 2.0 waiver proposal on Monday, October 30 at the National Hispanic Cultural Center in Albuquerque. This will be the final public hearing on the issue.

The waiver proposal eliminates important coverage and health benefits and imposes new excessive patient fees in the form of co-pays and premiums on the working disabled, low-income adults living just above the poverty line, and children enrolled in the Children’s Health Insurance Program (CHIP). These fees will prevent people from seeking necessary healthcare and cause thousands of others to lose coverage.

HSD Hearing on the Centennial Care 2.0 Waiver Proposal

5:30-7:30 p.m., October 30, 2017

National Hispanic Cultural Center’s Bank of America Theatre
1701 4th Street SW
Albuquerque, NM, 87102

Call in Number: 1-888-757-2790
Participant code: 991379#


  • HSD staff
  • Abuko Estrada, attorney at the New Mexico Center on Law and Poverty and other groups against the waiver
  • Public Comment

Healthcare Repeal Effort Comes to an End, Saving Medicaid Funds for New Mexico

WASHINGTON DC— Republicans in Congress decided today to end their push on the Graham-Cassidy bill to repeal the Affordable Care Act, because they do not have enough votes in their party to pass it through the Senate. Their decision comes after the Congressional Budget Office released a preliminary report yesterday that concluded millions of Americans would lose their healthcare coverage under the legislation, mostly due to significant cuts to Medicaid. The bill would have ended Medicaid Expansion for low-income adults and resulted in New Mexico losing billions of federal dollars over the next ten years.

“Medicaid has greatly improved the physical and economic health of New Mexico,” said Sireesha Manne, an attorney with the New Mexico Center on Law and Poverty. “This bill suffered the same problems as older versions. It would have ripped away healthcare coverage from millions of people and permanently damaged Medicaid – a cornerstone of our healthcare system.”

The bill would have ended the Medicaid Expansion that provides healthcare coverage to more than 255,000 low-income adult New Mexicans, and resulted in New Mexico losing $9 billion federal dollars by the year 2027, according to the nonpartisan research group Avalere. The bill capped funding for the entire Medicaid program and eliminated tax credits that help people buy insurance. States would have been allowed to let insurance plans stop covering essential health benefits and to charge more to consumers with pre-existing conditions.

“New Mexico would have been forced to pay billions more in healthcare costs or slash Medicaid coverage for more than 230,000 people and cut services for the most vulnerable populations – including children, seniors, and people with disabilities,” said Manne.

The bill faced widespread opposition from state officials, consumer groups, and medical and industry groups. It also proved to be unpopular among Americans, with a CBS News Poll showing 52% of respondents disapproving the bill and only 20% in approval. A statewide poll conducted in New Mexico earlier this year by Research & Polling, Inc. found that nearly three-quarters of New Mexicans are opposed to reducing federal funding for Medicaid, and four out of five voters believe Medicaid is “important” or “very important” to residents.

Legislative Health and Human Services Committee to Hold Hearing on Medicaid Cuts Today

ALBUQUERQUE, NM—The New Mexico Legislative Health and Human Services (LHHS) Committee will hold a hearing today, starting at 12:30 p.m., on the serious cuts the Medicaid program faces in the Human Services Department’s (HSD) Centennial Care 2.0 waiver proposal. The hearing will take place at the Science and Technology Center Rotunda at UNM, 801 University Blvd. SE in Albuquerque, NM.

The proposal eliminates certain coverage and health benefits for low-income patients and imposes new patient fees in the form of co-pays and premiums to children enrolled in the Children’s Health Insurance Program (CHIP), the working disabled, and low-income adults living just above the poverty line.

“Medicaid has worked well for New Mexico. The state should focus on ensuring our families can get the care they need to stay healthy, not cut coverage for the people who can least afford it,” said Abuko D. Estrada, an attorney with the New Mexico Center on Law and Poverty. “At a time when our economy is struggling, these cuts will drive families into further financial hardships and throw away federal funding that helps sustain thousands of jobs.”

Currently for every state dollar New Mexico invests in Medicaid, the state receives four dollars back from the federal government. The Centennial Care 2.0 waiver proposal cuts will result in the loss of federal money for Medicaid that supports over 50,000 jobs and helps drive the New Mexico economy.

Centennial Care 2.0’s most harmful cuts to Medicaid include:

  • Charging low-income patients with new fees in the form of co-pays and premiums for children in CHIP, the working disabled, and low-income adults living just above the poverty line, which could result in thousands of people losing coverage altogether (as studies have shown);
  • Eliminating retroactive coverage protection that pays for Medicaid applicants’ past medical bills, from three months prior to applying for Medicaid, putting New Mexico’s families in severe medical debt and leaving healthcare providers with uncompensated care costs;
  • Ending a transitional Medicaid program that will result in coverage loss for families that have been living in deep poverty, creating financial hardships and interrupting health coverage when they enter new jobs or accept raises that place them just above the eligibility threshold for Medicaid; and
  • Reducing important health benefits for very low-income adults with dependent children, eliminating Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) protections for children who are 19 and 20 year olds, and opening the door for the HSD secretary to make drastic cuts to more benefits in the future.

LHHS Committee Hearing on the Centennial Care 2.0 Waiver Proposal

12:30 p.m.
Presentations about Concerns about Medicaid Cuts
Abuko D. Estrada, Attorney, New Mexico Center on Law and Poverty
David Machledt, Ph.D., Senior Policy Analyst, National Health Law Program

2:30 p.m.
Presentation on Medicaid Waiver
HSD Secretary Brent Earnest

4:30 p.m.
Public Comment

Science and Technology Center Rotunda at UNM
801 University Blvd SE
Albuquerque, NM

Today’s hearing will be the only opportunity for providing comments in Albuquerque. Other public meetings will take place in Santa Fe, Las Cruces, and Las Vegas.


Urgent Action Alert: Stop Damaging Fees for Our Families!

Governor Martinez and the Human Services Department (HSD) are moving forward on a proposal that would create unnecessary obstacles to healthcare by charging higher fees to patients that get Medicaid.

HSD’s proposal requires low-income patients be charged co-pays each time they receive medical care – including for prescriptions, surgeries and other doctor visits. The proposal specifically targets children in the Children’s Health Insurance Program (CHIP), working disabled individuals, and adults living near poverty, with co-pays that range anywhere from $2 to $8 for each prescription drug to $50 for hospital care. Co-pays for “non-preferred” prescriptions and “non-emergency” use of the emergency room are also proposed for all Medicaid patients regardless of income.

This idea was rejected by HSD’s own panel of stakeholders and experts last summer. It has also received strong criticism from various community organizations, healthcare provider associations, and patients through both written and public comment.

The proposal should be withdrawn because:

  • A wide body of research shows that co-pays, even in “nominal” amounts, prevent people from getting needed medical care.
  • Costs add up quickly for families and children with multiple health needs – especially for people with disabilities or chronic health conditions.
  • The costs often shift to healthcare providers that choose to treat patients when they cannot afford the co-pay.
  • Our healthcare system and state budget will see long-term negative effects due to increased administrative costs and increased use of more expensive healthcare services.

Please call and urge your networks to contact Governor Martinez – (505) 476-2200 – and tell her to stop the Medicaid co-pay proposal. We should be making Medicaid better, not creating barriers for our families to get the healthcare they need!


HSD to Hold Public Hearing Tomorrow on Proposal to Increase Medicaid Co-Pays

Tomorrow at 9 a.m., New Mexico Human Services Department (HSD) will hold a public hearing to gather comment on its proposal to increase co-pays for Medicaid patients. This proposal faced opposition from HSD’s own stakeholder group when proposed last year and still faces widespread opposition.

Over 20 groups and individuals have signed on with the New Mexico Center on Law and Poverty in comments submitted to HSD opposing the proposal, including the New Mexico Medical Society, New Mexico Academy of Family Physicians, New Mexico Pediatric Society, New Mexico Coalition to End Homelessness, and Parents Reaching Out among others. These groups assert that a wide body of research has shown that such fees decrease access to necessary medical care, shift costs to providers, and will have negative consequences for our healthcare system and state economy.

The aforementioned comments on the proposal can be found here.

What:   Public Comment Hearing

Who:     HSD

When:  Friday, July 14, 2017 at 9 a.m. MST

Where: Rio Grande Conference Room, Toney Anaya Building, 2550 Cerrillos Road, Santa Fe, NM 87505