SENATE BILL 232
52nd legislature - STATE OF NEW MEXICO - second session, 2016
INTRODUCED BY
Gerald Ortiz y Pino
AN ACT
RELATING TO HEALTH; AMENDING A SECTION OF THE NEW MEXICO INSURANCE CODE TO PROVIDE FOR PREMIUM TAX DISTRIBUTIONS TO THE HUMAN SERVICES DEPARTMENT TO FUND INTEROPERABILITY OF MEDICAID RECIPIENT MEDICAL RECORDS AMONG MEDICAID SERVICE PROVIDERS; ENACTING A TEMPORARY SECTION OF LAW TO DIRECT THE SECRETARY OF HUMAN SERVICES TO CONTRACT FOR HEALTH INFORMATION TECHNOLOGY INTEROPERABILITY; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 59A-6-5 NMSA 1978 (being Laws 1984, Chapter 127, Section 105, as amended) is amended to read:
"59A-6-5. DISTRIBUTION OF DIVISION COLLECTIONS.--
A. All money received by the division for fees, licenses, penalties and taxes shall be paid daily by the superintendent to the state treasurer and credited to the "insurance department suspense fund" except as provided by:
(1) the Law Enforcement Protection Fund Act; and
(2) Section 59A-6-1.1 NMSA 1978.
B. The superintendent may authorize refund of money erroneously paid as fees, licenses, penalties or taxes from the insurance department suspense fund under request for refund made within three years after the erroneous payment. In the case of premium taxes erroneously paid or overpaid in accordance with law, refund may also be requested as a credit against premium taxes due in any annual or quarterly premium tax return filed within three years of the erroneous or excess payment.
C. If required by a compact to which New Mexico has joined pursuant to law, the superintendent shall authorize the allocation of premiums collected pursuant to Section 59A-14-12 NMSA 1978 to other states that have joined the compact pursuant to an allocation formula agreed upon by the compacting states.
D. The "insurance operations fund" is created in the state treasury. The fund shall consist of the distributions made to it pursuant to Subsection E of this section. The legislature shall annually appropriate from the fund to the division those amounts necessary for the division to carry out its responsibilities pursuant to the Insurance Code and other laws. Any balance in the fund at the end of a fiscal year greater than one-half of that fiscal year's appropriation shall revert to the general fund.
E. At the end of every month, after applicable refunds are made pursuant to Subsection B of this section and after any allocations have been made pursuant to Subsection C of this section, the treasurer shall make the following transfers from the balance remaining in the insurance department suspense fund:
(1) to the "fire protection fund", that part of the balance derived from property and vehicle insurance business;
(2) to the insurance operations fund, that part of the balance derived from the fees imposed pursuant to Subsections A and E of Section 59A-6-1 NMSA 1978 other than fees derived from property and vehicle insurance business; and
(3) to the general fund, the balance remaining in the insurance department suspense fund derived from all other kinds of insurance business.
F. Notwithstanding the provisions of Subsection E of this section, by October 1, 2016, the state treasurer shall transfer to the human services department three hundred thousand dollars ($300,000) from that part of the balance remaining in the insurance suspense fund that is derived from the health insurance premium tax imposed pursuant to Subsection C of Section 59A-6-2 NMSA 1978 to fund statewide medicaid health information technology interoperability in accordance with Section 2 of this 2016 act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2017 shall revert to the insurance suspense fund.
G. For the purposes of this section:
(1) "health information technology interoperability" means a health information technology system that provides entities with the capacity to share health information in accordance with federal guidelines for shared data sets and interoperability; and
(2) "medicaid" means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act."
SECTION 2. TEMPORARY PROVISION--STATE MEDICAID PROGRAM HEALTH INFORMATION TECHNOLOGY INTEROPERABILITY--REPORTING.--
A. By December 1, 2016, the secretary of human services shall contract with a statewide health information technology service provider, with at least five years' experience providing for the interoperability of health information technology systems among health care providers, payers and administrators in accordance with state and federal privacy laws and federal guidelines for shared data sets and interoperability, to provide for the interoperability of health information technology systems related to medicaid recipients among the human services department, medicaid providers and managed care organizations. The contract shall provide for health information technology that maximizes the interoperability of medicaid recipients' health information in order to enhance the safety and quality of care provided through the state's medicaid program while protecting that health information in accordance with state and federal privacy laws and with federal guidelines for shared data sets and interoperability. The health information technology shall provide each medicaid recipient's health care providers, the department and medicaid managed care organizations with timely access to the recipient's health information.
B. The secretary shall report to the legislative health and human services committee and the legislative finance committee by November 1, 2017 the actions the secretary has taken pursuant to Subsection A of this section, including:
(1) the identity of the health information technology interoperability service provider with which the department has contracted;
(2) the performance of the health information technology interoperability service provider, with an explanation of any performance measures the human services department used to evaluate that performance; and
(3) an accounting of the funds allocated for the health information technology interoperability system.
C. For the purposes of this section:
(1) "health information technology interoperability" means a system of health information technology that provides entities with the capacity to share health information; and
(2) "medicaid" means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act.
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