HOUSE BILL 578
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Jenifer Jones
AN ACT
RELATING TO HEALTH; ENACTING THE EVERY MOTHER MATTERS ACT; DEFINING TERMS; CREATING THE PREGNANCY LAUNCH PROGRAM TO PROVIDE NO-COST SERVICES TO PREGNANT PEOPLE AND NEW PARENTS; REQUIRING LICENSED HEALTH FACILITIES AND HEALTH CARE PROVIDERS TO MAKE A RESOURCE ACCESS OFFER BEFORE PERFORMING AN ABORTION; PROVIDING FOR COMPLIANCE AND ENFORCEMENT; REQUIRING REPORTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 24 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Every Mother Matters Act"."
SECTION 2. A new section of Chapter 24 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Every Mother Matters Act:
A. "abortion" means the intentional termination of a pregnancy by removal or expulsion of an embryo and includes non-invasive medical means to terminate a pregnancy;
B. "department" means the department of health;
C. "medical emergency" means a physical condition aggravated by, caused by or arising from a pregnancy that places a pregnant person at risk of death or serious substantial impairment of a major bodily function;
D. "pregnancy loss" includes abortion and miscarriages; and
E. "program" means the pregnancy launch program."
SECTION 3. A new section of Chapter 24 NMSA 1978 is enacted to read:
"[NEW MATERIAL] PREGNANCY LAUNCH PROGRAM CREATED.--
A. The "pregnancy launch program" is created in the department to provide direct services and health care to pregnant people, new parents, infants and toddlers at no cost. The department shall operate the program in all counties in the state; provided that the department may maintain only regional physical offices if direct services and health care available under the program are otherwise available in every county of the state.
B. At minimum, the program consists of the following components:
(1) community education and outreach;
(2) family support services, including comprehensive case management and child care assistance;
(3) prenatal, perinatal and pediatric health care services; and
(4) crisis triage and support, including treatment and services for addiction and substance use disorder and legal assistance for victims of domestic or sexual violence.
C. All residents of the state who are pregnant, who are biological or adoptive parents of a child younger than two years of age or who experienced pregnancy loss within the immediately preceding six months before applying to access services from the program are eligible to participate in the services.
D. In addition to developing and providing novel services necessary to implement the program, the department shall leverage available funding and existing public services to carry out the requirements of this section, including services covered by the medical assistance division of the health care authority and services provided by the early childhood education and care department."
SECTION 4. A new section of Chapter 24 NMSA 1978 is enacted to read:
"[NEW MATERIAL] RESOURCE ACCESS OFFER.--
A. All licensed hospitals, clinics, health facilities and health care providers that provide abortion or pregnancy termination services in the state shall not perform or induce an abortion or pregnancy termination unless a resource access offer is made to the patient in accordance with this section.
B. A resource access offer shall include detailed information about:
(1) the no-cost services available through the program;
(2) public assistance and other social services available to New Mexico residents;
(3) crisis advocacy services for victims of domestic abuse or sexual violence, if applicable; and
(4) abortion and pregnancy termination, including medically accurate information about potential risks and long-term consequences.
C. A patient shall be informed that participation in the program and acceptance of other services is optional and personally identifying information shall not be provided to the department without the patient's consent. A health care provider shall not bill for making a resource access offer.
D. This section shall not apply if the patient is seeking an abortion in the case of a medical emergency. In a medical emergency, a health care provider shall:
(1) include in the patient's medical records written certification by the health care provider to certify the nature of the medical emergency; and
(2) no later thirty than days after the date of the abortion or pregnancy termination, provide the certification to the department.
E. The department shall monitor compliance with this section, and upon a finding of noncompliance, the department shall notify the health care authority or the relevant licensing board to initiate enforcement, which may include license suspension or revocation."
SECTION 5. A new section of Chapter 24 NMSA 1978 is enacted to read:
"[NEW MATERIAL] REPORTING.--The department shall publish an annual report on its activities pursuant to the Every Mother Matters Act. The report shall include:
A. a list of contractors providing services in accordance with the program;
B. the number of participants in the program and types of services accessed or provided;
C. information about resource access offers made throughout the state, including the patient's location and the outcome of the offer;
D. the number of medical emergency certifications received by the department; and
E. an explanation of the department's activities to monitor compliance with the Every Mother Matters Act."
SECTION 6. EFFECTIVE DATE.--
A. The effective date of the provisions of Sections 1 through 3 and 5 of this act is July 1, 2025.
B. The effective date of the provisions of Section 4 of this act is July 1, 2026.
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