New Mexico

Statutory floor

If household income is at or below 200% FPL, the patient is “indigent.” Collection actions — lawsuits, liens, garnishment, selling the debt — must stop. Patients can attest. Uninsured bills are often capped near Medicare rates under OSI rules. This is a collections shield more than a charity-care mandate; still apply the hospital FAP.

Patients’ Debt Collection Protection Act, NMSA 1978, §§ 57-32-1 to -11 · compiled September 2026

Rule	This state
Free-care floor	200% FPL
Discount / eligibility floor	200% FPL
Covers insured patients	Yes, if they otherwise qualify
Which hospitals	Generally all licensed hospitals
Medicaid expansion	Yes — adults to 138% FPL
Screen before collections	Yes
Credit reports	No state ban
Debt sales	Restricted or banned
Home liens	Restricted or banned
Wage garnishment	Banned for qualifying medical debt
Interest on medical debt	No special cap located
Collection hold	No extra state waiting period
Lawsuit clock	6 years · NMSA 1978, § 37-1-3 (written); some medical accounts argued at 4 years

2026 poverty line here

Alaska and Hawaii use their own HHS tables. Everyone else uses the 48-state and D.C. figures, effective January 2026.

Household	100%	Free floor	Discount floor
1	$15,960	$31,920	$31,920
2	$21,640	$43,280	$43,280
3	$27,320	$54,640	$54,640
4	$33,000	$66,000	$66,000
5	$38,680	$77,360	$77,360
6	$44,360	$88,720	$88,720

What to do

01 If you are at or under 200% FPL, send the OSI indigency attestation. Collection is supposed to stop.
02 Ask OSI if the provider is ignoring the Act. This is one of the strongest collections shields in the country.
03 Still apply for charity care — the Act blocks collection; the FAP can zero the bill.
04 Uninsured: demand the Medicare-rate cap in writing.

Appeals

Federal No Surprises Act.

Insurance: OSI — external review and Patients’ Debt Collection Protection Act

Medicaid: HCA / Medicaid fair hearing.

Medicare is federal regardless of state: redetermination, reconsideration, ALJ, Appeals Council, then district court.

Cite this in a letter

I attest that household income is at or below 200% of FPL. Under the Patients’ Debt Collection Protection Act, NMSA 1978, §§ 57-32-1 to -11, I am an indigent patient. Please terminate all collection actions, do not sell this debt, and do not garnish wages or file a lien. Please also apply your FAP and any uninsured Medicare-rate cap.

Put a New Mexico bill in the machine.

The estimate will use this state’s floors. The letters will cite Patients’ Debt Collection Protection Act.

Start a New Mexico case

New Mexico Attorney General

Federal overlay — every state

501(r)
501(c)(3) hospital organizations must publish a Financial Assistance Policy, a plain-language summary, and generally may not take extraordinary collection actions (selling the debt, reporting it, liens, lawsuits) until they have made reasonable efforts to determine FAP eligibility.
No Surprises Act
Emergency services, air ambulance, and many out-of-network clinicians at in-network facilities cannot balance-bill beyond in-network cost-sharing. Independent dispute resolution is between the plan and the provider — not a reason to pay the sticker rate.
FDCPA
15 U.S.C. § 1692g. Within 30 days of first collector contact, demand validation. Until validated, collection and credit reporting should stop. Partial payment can restart a state’s statute of limitations.
EMTALA
Emergency departments must screen and stabilize regardless of ability to pay. An ER bill is not an agreement that chargemaster rates are the cash price.
Medicare appeals
Five levels: redetermination (MAC, 120 days), reconsideration (QIC), ALJ at OMHA, Medicare Appeals Council, then federal district court. A remaining patient balance is often a claim the provider still needs to work.
Credit bureaus
The CFPB’s 2025 medical-debt reporting rule was vacated in July 2025. Industry practice still generally omits paid medical collections and unpaid balances under $500. Unpaid medical debt over $500 can appear after a delay unless a state ban applies. FCRA-preemption fights over those state bans are ongoing.