{"data":{"id":"us-nm/27-13-7","jurisdiction":"us-nm","citation":"27-13-7","heading":"Fiscal intermediary; exemptions; workers' compensation.","body":"A. A fiscal intermediary shall not be subject to vicarious liability as an employer or principal for a wrongful act committed by a personal care attendant if the attendant:\n(1) is not a current or former employee of the fiscal intermediary;\n(2) has not received training or instruction from the fiscal intermediary with respect to providing personal care services to a person with a disability, not including administrative paper work;\n(3) has been hired by and received training or instruction from the consumer or the consumer's authorized representative to provide personal care to the consumer; and\n(4) provides basic assistance with daily living activities that do not require the education, certification or training of a licensed health care practitioner.\nB. A fiscal intermediary may identify a personal care attendant as a covered employee with the fiscal intermediary's workers' compensation carrier solely to provide workers' compensation coverage in the event of a work-related injury. Nothing in this subsection shall be construed to create an employer-employee relationship between the fiscal intermediary and the personal care attendant.\nC. Nothing in this section shall be construed to provide the fiscal intermediary with immunity from a claim for a wrongful act committed by the fiscal intermediary or its employees.\nD. As used in this section:\n(1) \"consumer\" means a person who is eligible for and receives state-funded or -operated services based on the person's disabilities;\n(2) \"fiscal intermediary\" means a provider that furnishes administrative assistance for a consumer who selects a consumer-directed, rather than consumer-delegated, personal care program;\n(3) \"personal care attendant\" means a person who provides assistance to a consumer with activities of daily living, including bathing, dressing, eating, transportation, shopping and similar activities; and\n(4) \"personal care program\" means a state-funded or -operated support program, including medicaid, that provides the services of a personal care attendant for certain persons with a disability.","path":["Chapter 27 - Public Assistance","ARTICLE 13 Consumer Direction"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18527/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"0eb6e6b498bb4fda061ba9e5c51848a0a3d7d759fad51d6abd3aaf6cad2731dd","source_id":"us-nm","stale":false,"prev":"us-nm/27-13-6","next":"us-nm/27-14-1"},"notice":"GroundRules: Original legal text. Not legal advice."}