45th legislature - STATE OF NEW MEXICO - second session, 2002

REQUESTING THAT THE NEW MEXICO CONGRESSIONAL DELEGATION AND THE CHAIRMAN OF THE UNITED STATES SENATE INDIAN AFFAIRS COMMITTEE SUPPORT ADDITIONAL FUNDING FOR TITLE 5 OF PUBLIC LAW 94-437, THE INDIAN HEALTH CARE IMPROVEMENT ACT, TO INCREASE RESOURCES TO SERVE THE GROWING INDIAN POPULATIONS IN URBAN AREAS AND RECOGNIZE THE ELIGIBILITY OF INDIGENT NATIVE AMERICAN BERNALILLO COUNTY RESIDENTS FOR MEDICAL CARE AT THE UNIVERSITY OF NEW MEXICO HOSPITAL AS AN ALTERNATE HEALTH CARE RESOURCE FOR QUALIFYING NATIVE AMERICANS.

WHEREAS, Public Law 93-638, the Indian Self-Determination and Education Assistance Act, encourages tribes to assume programs, functions, activities and services provided by the federal government to tribal members through distribution of federal funds by tribal shares; and

WHEREAS, the Albuquerque area Indian health service policy of 1995, developed in agreement with area tribes, does not include the division of these funds by tribal shares to urban populations; and

WHEREAS, Public Law 94-437, Title 5, authorized appropriations for urban Indian populations; and

WHEREAS, a mill levy, instituted in 1952, is authorized to be assessed, colleted and paid over to the university of New Mexico hospital. The proceeds are dedicated to the operation and maintenance of the university of New Mexico hospital. In exchange for its receipt of the mill levy proceeds, the university of New Mexico hospital is contractually obligated to assume all of Bernalillo county's obligation for health care services by using a portion of the mill levy proceeds for the provision of health care to indigent county residents for as long as it receives those proceeds; and

WHEREAS, indigent Native American Bernalillo county residents are eligible for health care services provided by the university of New Mexico hospital programs. The availability of these services for qualifying Native Americans constitutes an alternate resource of health care. Consequently, reimbursements for Indian health services contract health services rendered to this patient population is prohibited by 42C.F.R. 36.24 and 42C.F.R. 36.61;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that it support the efforts to increase appropriations for urban Indian health care through Public Law 94-437, Title 5; and

BE IT FURTHER RESOLVED that the legislature of the state of New Mexico recommend that the university of New Mexico hospital health care services be considered an alternate health care resource for indigent Native Americans qualifying for those services; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico congressional delegation, the chairman of the United States senate Indian affairs committee and the director of the Albuquerque area Indian health service.