New Mexico

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.

What to do

1. 01 If you are at or under 200% FPL, send the OSI indigency attestation. Collection is supposed to stop.
2. 02 If the provider ignores the Act, file a complaint with the New Mexico Attorney General, who enforces it.
3. 03 Still apply for charity care — the Act blocks collection; the FAP can zero the bill.
4. 04 Itemize and ask for the self-pay rate 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 -10, 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.

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.

  Official source

• 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.

  Official source

• FDCPA

  15 U.S.C. § 1692g. Within 30 days of first collector contact, demand validation. Until it is validated, the collector should stop collecting. Partial payment can restart a state’s statute of limitations.

  Official source

• 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.

  Official source

• 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.

  Official source

• 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.

  Official source

Sources

Official government sources for the New Mexico information on this page. UNDUE does not represent any government entity.

• Patients' Debt Collection Protection Act, NMSA 1978 §§ 57-32-1 to -10 (SB 71, 2021 enrolled bill)
• 13.10.39 NMAC (OSI rule implementing the Patients' Debt Collection Protection Act)
• NMSA 1978 § 37-1-3 (lawsuit clock, 6 years written; text as amended by SB 107, 2015)
• NM Office of Superintendent of Insurance (OSI), Independent Review Organization (external review)
• NM OSI, Instructions for Attestation of Indigency form (2025)
• NM Health Care Authority, Office of Fair Hearings
• New Mexico Attorney General (consumer complaint portal)
• 2026 federal poverty guidelines (U.S. Dept. of Health and Human Services, published on HealthCare.gov)
• Medicaid and CHIP by state (HealthCare.gov)
• 15 U.S.C. § 1673 federal wage-garnishment cap (GovInfo)