Current through Register Vol. 35, No. 21, November 5, 2024
Section 8.1.2.7 - DEFINITIONSThe following words and terms, when used in this section, shall have the following meanings, unless the text clearly indicates otherwise:
A."Abuse" means to make excessive or improper use of a thing, or to employ it in a manner contrary to the material or legal rules for its use; to make an extravagant or excessive use, as to abuse one's authority. Abuse may also occur through expressive carelessness in following written instructions or policy or in failing to take proper action that results in improper payments for public assistance, food benefits, vendor payments, or claims processing. Abuse through expressive carelessness may occur in eligibility determination, supervision review, data processing, claims processing, or program interpretation.B."Fraud" is an intentional misappropriation, deception or misrepresentation made by a person(s) or entities with knowledge that the deception could result in some unauthorized benefit to the person(s), entity, other entity or some other person(s). The term includes any act that constitutes fraud under applicable federal or state laws, regulations, or rules.C."Waste" means not receiving reasonable value for money in connection with any government funded activities due to an inappropriate act or omission by person(s) or entities with control over or access to government resources (e.g., executive, judicial or legislative branch employees, grantees or other recipients). Waste goes beyond fraud and abuse and does not involve a violation of law. Waste relates primarily to mismanagement, inappropriate actions and inadequate oversight.N.M. Admin. Code § 8.1.2.7
Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 11/1/2018