HOUSE BILL 148

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Keith J. Gardner

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO HEALTH CARE; CREATING THE OBSTETRICS ADMINISTRATIVE COMPENSATION SYSTEM TASK FORCE TO DESIGN A COMPREHENSIVE PLAN FOR IMPLEMENTING AN OBSTETRICS ADMINISTRATIVE COMPENSATION SYSTEM; MAKING AN APPROPRIATION.

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

     Section 1. OBSTETRICS ADMINISTRATIVE COMPENSATION SYSTEM TASK FORCE CREATED--DUTIES.--

          A. By July 1, 2009, the New Mexico health policy commission shall convene an obstetrics administrative compensation system task force to devise a comprehensive plan for the creation, design and implementation of an obstetrics administrative compensation system to hear and determine claims regarding birth-related injuries. The commission shall collaborate with the department of health, the human services department, the insurance division of the public regulation commission, the workforce solutions department, persons with legal expertise and any other commissions, departments, agencies, authorities, organizations and persons necessary to provide appropriate expertise to devise the comprehensive plan.

          B. By July 1, 2010, the obstetrics administrative compensation system task force shall report its comprehensive plan to the legislative health and human services committee and the legislative finance committee.

          C. The comprehensive plan shall include the following factors:

                (1) the type of entity that will administer the obstetrics administrative compensation system, and whether it will be an existing agency or a new agency;

                (2) whether the obstetrics administrative compensation system will provide the exclusive remedy to claimants or whether claimants will also have access to claims at common law or as otherwise provided by law;

                (3) whether the obstetrics administrative compensation system will provide compensation to claimants that it has determined eligible regardless of fault or where fault lies;

                (4) the types of injuries for which claims will be administered through the obstetrics administrative compensation system, whether the obstetrics administrative compensation system will limit claims to those relating to neurological birth-related injuries or whether it will hear and determine claims related to other birth-related injuries; and

                (5) whether a fund will be created for the obstetrics administrative compensation system or whether an existing fund will be used and the location of the fund.

     Section 2. APPROPRIATION.--Seventy-five thousand dollars ($75,000) is appropriated from the general fund to the New Mexico health policy commission for expenditure in fiscal year 2010 to convene an obstetrics administrative compensation system task force to devise a comprehensive plan for the creation, design and implementation of an obstetrics administrative compensation system. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.

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