New Mexico
Register / Volume XXXVII, Issue 6 / March 24, 2026
TITLE 8 SOCIAL
SERVICES
CHAPTER 106 STATE
FUNDED ASSISTANCE PROGRAMS
PART 640 STATE
FOOD ASSISTANCE PROGRAM
8.106.640.1 ISSUING
AGENCY: New Mexico Health Care Authority.
[8.106.640.1
NMAC - N/E, 4/1/2026]
8.106.640.2 SCOPE: This rule
applies to the general public.
[8.106.
640.2 NMAC - N/E, 4/1/2026]
8.106.640.3 STATUTORY
AUTHORITY: New Mexico Statutes Annotated 1978 (Chapter
27, Articles 1 and 2) authorize the state to administer the aid to families
with dependent children (AFDC), general assistance (GA), shelter care
supplement, the burial assistance programs and such other public welfare
functions as may be assumed by the state.
[8.106.640.3 NMAC - N/E, 4/1/2026]
8.106.640.4 DURATION: Permanent.
[8.106.640.4 NMAC - N/E, 4/1/2026]
8.106.640.5 EFFECTIVE
DATE: April 1, 2026 unless a later date is cited at the end of a
section.
[8.106.640.5
NMAC - N/E, 4/1/2026]
8.106.640.6 OBJECTIVE: The objective of the New Mexico state funded
food assistance program is to provide households with food assistance for those
who do not qualify for supplemental nutrition assistance program (SNAP) under
the Food and Nutrition Act of 2008.
[8.106.640.6
NMAC - N/E, 4/1/2026]
8.106.640.7 DEFINITIONS
: [RESERVED]
8.106.640.8 One-time state funded food assistance payment for lawfully present
individuals:
A. Purpose:
provide a one-time state-funded food
assistance payment to lawfully present individuals who were receiving SNAP
benefits and currently ineligible solely due to their immigration status due to
house of representative bill (H.R. 1) federal eligibility changes.
B. Method of payment: a one-time lump sum payment will be issued
into the EBT account accessible to the participant.
C. Eligibility: Must meet the following criteria:
(1) must submit a re-certification; and
(2) was a current SNAP recipient; and
(3) lost SNAP benefit during recertification solely due to
their immigration status.
D. Benefit amount:
will be determined by the authority
based on legislative intent and the availability of funds.
(1) this will be a one-time lump sum payment; and
(2) determined by the number of identified lawfully that are
projected to lose SNAP benefits at the time of re-certification due to
immigration status and are eligible; and
(3) calculated as a percentage of the average of SNAP benefits
issued over a six-month period; and
(4) total amount of the funds appropriated.
E. Receipt
of payment under this part does not establish an entitlement to ongoing or
future benefits.
F. Limitation
of funds:
(1) the authority shall not issue benefits more than the
amount appropriated;
(2) no benefits shall be issued once the funds are exhausted.
G. Disclosure:
Use or disclosure of information
from SNAP applicants and recipient households
who receive this one-time state food benefit shall be
restricted to:
(1) Employees of the
HCA who are investigating intentional program violations, deception, or fraud
by recipients of this one-time state food assistance.
(2) Local, state, or federal law enforcement officers acting in their
official capacity, upon written request by such law enforcement officers that
includes the name of the household member being sought, for the purpose of
obtaining the address, social security number, and, if available, photograph of
the household member, if the member is fleeing to avoid prosecution or custody
for a crime, or an attempt to commit a crime, that would be classified as a
felony (or a high misdemeanor in New Jersey), or is violating a condition of
probation or parole imposed under a federal or state law. The state agency shall provide information
regarding a household member, upon written request of a law enforcement officer
acting in his or her official capacity that includes the name of the person
being sought, if the other household member has information necessary for the
apprehension or investigation of the other household member who is fleeing to
avoid prosecution or custody for a felony, or has violated a condition of probation
or parole imposed under federal or state law. The state agency must accept any document that
reasonably establishes the identity of the household member being sought by law
enforcement authorities. The HCA shall
disclose only such information as is necessary to comply with a specific
written request of a law enforcement agency authorized by this paragraph.
[8.106.640.8 NMAC - N/E, 4/1/2026]
8.106.640.9 NMAC: [RESERVED]
8.106.640.10 BENEFIT
ISSUANCE AND DELIVERY:
A. Benefit issuance: state funded
food assistance will be issued through a direct deposit into a household’s EBT
account. EBT cards are issued and
maintained as defined at 8.139.610 NMAC.
B. Expungement:
the state food assistance shall be
subject to expungement in accordance with 8.139.610.8 NMAC.
C. Household
use of state food assistance: the
household shall only be allowed to use the food assistance for food purchases in
accordance with 8.139.610.11 NMAC.
[8.106.640.10
NMAC - N/E, 4/1/2026]
History of 8.106.640
NMAC: 8.106.640 NMAC, State Food Assistance Program was renamed and became
effective 4/1/2026.
History of repealed material:
8.106.640 NMAC, Description
of Program/Benefits - Benefit Corrections, filed 7/1/2004 - Repealed effective
4/1/2014.