SENATE BILL 137

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Crystal Brantley and James G. Townsend

 

 

 

 

 

AN ACT

RELATING TO PUBLIC ASSISTANCE; PROHIBITING CATEGORICAL ELIGIBILITY FOR FEDERAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS BASED ON ELIGIBILITY IN THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] LIMITATION ON CATEGORICAL ELIGIBILITY.--

          A. As used in this section:

                (1) "authority" means the health care authority;

                (2) "cash assistance" means monthly payments of at least seventy-five dollars ($75.00) for at least six consecutive months provided to eligible households pursuant to cash assistance programs funded by legislative appropriations of available block grant funding from the temporary assistance for needy families program pursuant to the federal temporary assistance for needy families program pursuant to the federal Social Security Act; and

                (3) "noncash benefits" means goods, services, referrals, informational materials, hotline access, brochures, digital resources or other nonmonetary benefits funded in whole or in part by money made available pursuant to the federal temporary assistance for needy families program pursuant to the federal Social Security Act or other state maintenance-of-effort-funded payments.

          B. The authority shall not designate, identify or use any noncash benefit as a qualifying benefit for purposes of conferring categorical eligibility for the federal supplemental nutrition assistance program pursuant to 7 U.S.C. Section 2014, as that section may be amended or renumbered, except as provided in Subsection C of this section.

          C. The authority may confer federal supplemental nutrition assistance program categorical eligibility upon households in which each member receives:

                (1) cash assistance;

                (2) social security benefits pursuant to the federal Social Security Act; or

                (3) general assistance benefits.

          D. The authority shall not exclude, disregard or deduct any federal supplemental nutrition assistance program benefit or resource solely on the basis that such benefits or resources are excluded pursuant to the state's temporary assistance for needy families program or medicaid programs unless expressly required by federal law.

          E. The authority may adopt benefit or resource policies for eligibility for the federal supplemental nutrition assistance program only to the extent that:

                (1) the authority is required to adopt such policies by federal law; and

                (2) such policies do not result in elimination of the federal supplemental nutrition assistance program's asset limit or expansion of gross income standards above federal maximums.

          F. The authority shall promulgate rules necessary to implement the provisions of this section by April 1, 2027.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2027.

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