HOUSE BILL 48
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
William "Bill" R. Rehm
AN ACT
RELATING TO HEALTH CARE; AMENDING THE INDIGENT HOSPITAL AND COUNTY HEALTH CARE ACT; REQUIRING COUNTIES TO REIMBURSE THE UNIVERSITY OF NEW MEXICO HOSPITALS FOR UNCOMPENSATED INDIGENT CARE PROVIDED TO RESIDENTS OF THOSE COUNTIES; AUTHORIZING A REDUCTION IN A MILL LEVY FOR HOSPITAL FUNDING IN CERTAIN COUNTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 4-48B-15 NMSA 1978 (being Laws 1953, Chapter 174, Section 2, as amended) is amended to read:
"4-48B-15. ELECTION ON SPECIAL LEVY.--
A. In the event the county commissioners of a county, other than a class A county, desire to provide the mill levy authorized in Paragraph (2) of Subsection A of Section
4-48B-12 NMSA 1978, the county commissioners shall submit to the qualified electors of the county the question of levying those taxes not to exceed four dollars twenty-five cents ($4.25) on each one thousand dollars ($1,000) of net taxable value of property allocated to the county for a period of time not less than four years nor more than eight years.
B. In the event the county commissioners of a class A county desire to provide the mill levy authorized in Paragraph (1) of Subsection A of Section 4-48B-12 NMSA 1978, the county commissioners shall submit to the qualified electors of the county the question of levying those taxes not to exceed six dollars fifty cents ($6.50) on each one thousand dollars ($1,000) of net taxable value of property allocated to the county for a period of time of not less than four years nor more than eight years.
C. The question may be submitted to the electors and voted upon as a separate question at any general election or at any special election called for that purpose by the county commissioners. The election upon the question of a mill levy shall be called, held, conducted and canvassed in substantially the same manner as now or hereafter may be provided by law for general elections.
D. In the event the mill levy submitted under Subsection A or B of this section is voted upon favorably by the electors of the county, the mill levy shall become effective and be made for the ensuing fiscal year and those future years, not less than three nor more than seven, as stated in the question voted upon; provided that the question of continuing the mill levy shall thereafter be submitted to the electors at the general election immediately prior to the expiration of the period of assessment previously approved. The county commissioners shall decrease the rate of any mill levy imposed under the Hospital Funding Act if required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978. Subject to the provisions of Subsection D of Section 4-48B-12 NMSA 1978, the county commissioners:
(1) may direct that the mill levy be decreased or not be made for any year if, in their judgment, sufficient funds for operation and maintenance of the hospital and transfer to the county-supported medicaid fund, if applicable, are available or will be obtained from other sources [and if, relative to a county hospital operated by a state educational institution named in Article 12, Section 11 of the constitution of New Mexico, a decision to decrease the mill levy is agreed to by the state educational institution]; or
(2) in a class A county with a population greater than five hundred thousand, shall direct that the mill levy be decreased by at least twenty percent upon certification by a county hospital operated by a state educational institution named in Article 12, Section 11 of the constitution of New Mexico that the hospital has received full reimbursement pursuant to Section 2 of this 2009 act.
E. In the event that the mill levy approved by the electors is less than the maximum mill levy authorized for the county by Subsection A of Section 4-48B-12 NMSA 1978 and the county commissioners desire to increase the amount of the approved mill levy, the county commissioners shall submit, in accordance with Subsection C of this section, to the qualified electors of the county the questions of levying those additional taxes for a period of time consistent with the expiration of the mill levy previously approved; provided that the additional taxes, when added to the mill levy previously approved, may not exceed the mill levy maximum for the county provided in Subsection A of Section 4-48B-12 NMSA 1978. In the event that the mill levy increase is voted upon favorably by the electors of the county, the increase shall become effective for the years stated in the question voted upon. Nothing in this subsection shall be construed as requiring an election to restore the mill levy to an amount no higher than the mill levy approved by the electors after a reduction in the mill levy made pursuant to Subsection D of this section."
Section 2. A new section of the Indigent Hospital and County Health Care Act is enacted to read:
"[NEW MATERIAL] COUNTY REIMBURSEMENT REQUIREMENTS.--Each county shall reimburse the university of New Mexico hospitals for costs not otherwise compensated that are incurred by the university of New Mexico hospitals for ambulance service, hospital care or health care provided by the university of New Mexico hospitals to indigent patients domiciled in that county for at least three months."
Section 3. Section 27-5-7.1 NMSA 1978 (being Laws 1993, Chapter 321, Section 16, as amended) is amended to read:
"27-5-7.1. COUNTY INDIGENT HOSPITAL CLAIMS FUND--AUTHORIZED USES OF THE FUND.--
A. The fund shall be used to reimburse the university of New Mexico hospitals for costs not otherwise compensated that are incurred by the university of New Mexico hospitals for ambulance service, hospital care or health care provided by the university of New Mexico hospitals to indigent patients domiciled in that county for at least three months.
[A.] B. The balance of the fund remaining after all payments are made pursuant to Subsection A of this section shall be used:
(1) to meet [the] a county's contribution for support of sole community provider payments as calculated by the department for that county;
(2) to pay for expenses of burial or cremation of an indigent person; and
(3) to pay all claims that have been approved by the board that are not matched with federal funds under the state medicaid program.
[B.] C. The balance of the fund remaining after all payments are made pursuant to Subsection A of this section may be used to meet [the] a county's obligation under Section
27-10-4 NMSA 1978."
Section 4. Section 27-5-13 NMSA 1978 (being Laws 1965, Chapter 234, Section 14, as amended) is amended to read:
"27-5-13. CLAIM SHALL NOT EXPIRE BECAUSE OF LACK OF FUNDS--PRIORITY OF CLAIMS.--A claim made to the board for payment for the care of an indigent patient shall not expire or become invalid because of the lack of money in the fund during any fiscal year but shall be carried over into the ensuing fiscal year and, notwithstanding the provisions of any other law, shall be paid in the ensuing year. Whenever the balance of the fund is inadequate to pay all qualified claims as they become due, the claims of university of New Mexico hospitals shall have first priority of payment, and in-state hospitals providing acute medical care shall have second priority for payment over all other claims regardless of the dates the other claims were submitted. The board shall, however, on a regular basis, estimate future demands upon the fund, based on past experience, and set aside sufficient funds to [assure] ensure payment for in-state hospitals providing acute medical care and shall then address, on a regular basis, the claims from other hospitals or ambulance services."
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2010.
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