SENATE BILL 750

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Pete Campos

AN ACT

RELATING TO HEALTH; REQUIRING MEDICAID REIMBURSEMENT FOR SERVICES PROVIDED BY A LICENSED CHIROPRACTIC PHYSICIAN.

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

     Section 1. Section 27-2-12 NMSA 1978 (being Laws 1973, Chapter 376, Section 16, as amended) is amended to read:

     "27-2-12. MEDICAL ASSISTANCE PROGRAMS.--

          A. Consistent with the federal act and subject to the appropriation and availability of federal and state funds, the medical assistance division of the department [may] shall by rule provide medical assistance, including the services of licensed doctors of oriental medicine, licensed chiropractic physicians and licensed dental hygienists in collaborating practice, to persons eligible for public assistance programs under the federal act.

          B. Subject to appropriation and availability of federal, state or other funds received by the state from public or private grants or donations, the medical assistance division of the department may by rule provide medical assistance, including assistance in the payment of premiums for medical or long-term care insurance, to children up to the age of twelve if not part of a sibling group; children up to the age of eighteen if part of a sibling group that includes a child up to the age of twelve; and pregnant women who are residents of the state of New Mexico and who are ineligible for public assistance under the federal act. The department, in implementing the provisions of this subsection, shall:

                (1) establish rules that encourage pregnant women to participate in prenatal care; and

                (2) not provide a benefit package that exceeds the benefit package provided to state employees."

     Section 2. Section 27-2-12.3 NMSA 1978 (being Laws 1987, Chapter 269, Section 1, as amended) is amended to read:

     "27-2-12.3. MEDICAID REIMBURSEMENT--EQUAL PAY FOR EQUAL PHYSICIANS', DENTISTS', OPTOMETRISTS', PODIATRISTS', CHIROPRACTIC PHYSICIANS' AND PSYCHOLOGISTS' SERVICES.--The [human services] department shall establish a rate for the reimbursement of physicians, dentists, optometrists, podiatrists, chiropractcic physicians and psychologists for services rendered to medicaid patients that provides equal reimbursement for the same or similar services rendered without respect to the date on which such physician, dentist, optometrist, podiatrist, chiropractic physician or psychologist entered into practice in New Mexico, the date on which the physician, dentist, optometrist, podiatrist, chiropractic physician or psychologist entered into an agreement or contract to provide such services or the location in which such services are to be provided in the state; provided, however, that the requirements of this section shall not apply when the [human services] department contracts with entities pursuant to Section 27-2-12.6 NMSA 1978 to negotiate a rate for the reimbursement for services rendered to medicaid patients in the medicaid managed care system."

- 3 -