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.
Last month, 82-year-old Viola Weir received a letter from the state that rejected her request for Medicaid benefits to pay for nursing home care. The letter from the New Mexico Human Services Department (HSD) said she had not provided the state agency with “the mandatory documents we need to decide if you can get benefits.” As a result, the department denied Viola Weir her Medicaid benefits. The very same letter also said her income levels and assets met the qualifications to receive such care. That’s according to documentation that Tom Kovach, Weir’s son-in-law, sent to NM Political Report from HSD, the state department which processes federal benefits. To Kovach, the letter didn’t make sense.
A federal judge appointed a Texas government official to serve as the “special master” to help a New Mexico state agency come into compliance with federal law. Lawrence M. Parker, who has worked for the Texas Health and Human Services Department, will be responsible for essentially fixing the New Mexico Human Service Department’s food aid and Medicaid case processing. The appointment comes as part of a decades-old lawsuit that alleged HSD wasn’t properly processing federal aid to New Mexicans. While that lawsuit, known as Hatten-Gonzales, resulted in a consent decree in 1990, an Albuquerque-based nonprofit argued in court this year that the state wasn’t properly following guidelines laid out under the consent decree. The New Mexico Center on Law and Poverty also argued for the federal court to appoint an independent monitor to oversee the state department’s Income Support Division, which processes Medicaid and Supplemental Nutrition Assistance Program (SNAP) benefits.
An attorney for the state Human Services Department told state lawmakers Friday he wasn’t sure how long an internal investigation of alleged systemic fraud within his agency would take to complete. But he offered his best guess. “My understanding is that the inspector general plans to have more by this fall,” HSD General Counsel Christopher Collins told lawmakers in response to a question from state Sen. Jacob Candelaria, D-Albuquerque. Collins made the comments in an interim Legislative Health and Human Services Committee hearing where lawmakers examined the food stamp scandal that has rocked headlines for the past three months. In May, HSD’s inspector general announced an investigation into allegations that department officials falsified emergency food aid applications to deny benefits to qualified applicants.
Two things about New Mexico’s scandal over the state allegedly falsifying applications for the Supplemental Nutrition Assistance Program stand out to Samuel Chu. The first is documentation of the scandal in federal court, which in May included three top state Human Services Department officials refusing to answer a total of nearly 100 questions from lawyers. Instead, they asserted their Fifth Amendment rights, which allow people to avoid possibly incriminating themselves. “We generally don’t see that,” Chu, the national synagogue organizer with Mazon, a California-based anti-hunger organization that tracks food stamp issues across the country. The Fifth Amendment pleadings came after multiple HSD employees told the court of an alleged statewide practice of adding false resources to applications for emergency benefits through SNAP, the federal program formerly known as food stamps.
LAS CRUCES —Two employees who testified in federal court about alleged falsification of food aid applications at the state Human Services Department have since claimed that the agency retaliated against them. [perfectpullquote align=”right” cite=”” link=”” color=”” class=”” size=””]No ads. No clickbait. Just news. [/perfectpullquote]This is according to testimony from a federal court hearing this week in an ongoing federal lawsuit, where plaintiffs accuse HSD of instructing employees to falsely add assets to some applications for Medicaid and the Supplemental Nutrition Assistance Program, formerly known as food stamps.