More than one year after three top state officials refused to answer questions in federal court about fraud allegations and nine months after a federal judge held their cabinet secretary in contempt of court, the state Human Services Department (HSD) appears to still be seriously mishandling how it processes federal benefits to New Mexico’s poor. [perfectpullquote align=”right” cite=”” link=”” color=”” class=”” size=””]No ads. No clickbait. Just news. [/perfectpullquote]This includes an apparent department directive instructing caseworkers to limit interviews with those enrolled in and seeking federal benefits and lie to their superiors about it.
Tens of thousands of Medicaid recipients in New Mexico are not receiving their health benefits on time, according to numbers from state government. As of February of this year, more than 48,000 Medicaid cases up for renewal are not being processed by the state Human Services Department (HSD) on time, according to a federal court filing in April citing HSD’s own numbers. And that number of Medicaid renewal delays has only grown to more than 59,000 as of May 10, according to Maria Griego, a staff attorney with the New Mexico Center on Law and Poverty. “They’re pretty bad,” Griego said of the delays. While the number of New Mexicans who haven’t received their Medicaid benefits on time has been expanding, HSD erased a large part of the backlog of renewal applications for the federal Supplemental Assistance Nutrition Program (SNAP), formerly known as food stamps.
A month after five state of New Mexico employees testified in federal court that they were instructed to falsify emergency food aid applications, another lawsuit filed in Las Cruces district court made strikingly similar allegations. But instead of directing her allegations toward state government, Lorraine McCullough directed her allegations toward SL Start and Associates, a private, Washington state-based company that bills itself as a health provider for adults and children with developmental disabilities. That’s because this company is contracted with the state Human Services Department to manage the federal Temporary Assistance for Needy Families Program (TANF). TANF is the program most commonly called welfare. Locally, the program is called New Mexico Works.
A state official who pleaded her Fifth Amendment rights 39 times in federal court in May is no longer in charge of the Human Services Department’s Income Support Division, which processes federal food aid benefits. HSD Secretary Brent Earnest announced Friday, ahead of a holiday weekend, that Marilyn Martinez will no longer head the department’s Income Support Division. Starting today, Martinez will act as chief of the department’s financial services bureau in the administrative services division. “Marilyn has been a dedicated member of the HSD team for many years, recently serving as ISD Director,” Earnest wrote in an email to employees last Friday, “and I look forward to her contributing her experience and expertise within ASD.”
Martinez appeared on the stand as a witness in an ongoing lawsuit alleging that HSD is mishandling applications for Medicaid and the Supplemental Nutrition Assistance Program, formerly known as food stamps. There, Martinez invoked her Fifth Amendment right against self-incrimination and refused to answer 39 questions from an attorney representing the Center on Law and Poverty.
After damning food stamp fraud allegations surfaced in federal court in April, the state brought on a high-profile Albuquerque law firm. A later court hearing earlier this month marked the first time that Paul Kennedy, a former State Supreme Court justice and frequent lawyer for Gov. Susana Martinez’s administration, made a formal entrance in the decades-old Deborah Hatten-Gonzales v. Human Services Department lawsuit. Kennedy made a formal entrance into the Hatten-Gonzales case on May 12. Daniel Yohalem* is an attorney representing part of the Center on Law and Poverty’s legal team who has been working on the Hatten-Gonzales case since 1996. The May 13 court hearing was the first time Yohalem said he’d ever seen Kennedy on the case. Originally filed in 1988, the Hatten-Gonzales lawsuit alleged that the state was mishandling its processing of applicants seeking benefits from Supplemental Nutrition Assistant Program (SNAP), better known as food stamps, and Medicaid.