SENATE BILL 190

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO PUBLIC ASSISTANCE; ENACTING A NEW SECTION OF THE PUBLIC ASSISTANCE ACT TO REQUIRE THE SECRETARY OF HUMAN SERVICES TO BAN SOLE-SOURCE CONTRACTING FOR DURABLE MEDICAL EQUIPMENT.

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

     SECTION 1. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] DURABLE MEDICAL EQUIPMENT--BAN ON SOLE-SOURCE CONTRACTING.--

          A. The secretary shall ensure that a medical assistance plan that covers durable medical equipment:

                (1) contracts with any durable medical equipment supplier that is willing to participate under the same terms, conditions and reimbursement that the medical assistance plan offers to any other durable medical equipment supplier in the state; and

                (2) does not limit contracting to a single durable medical equipment supplier statewide.

          B. The secretary shall ensure that no medical assistance plan:

                (1) reimburses a durable medical equipment supplier at a lower rate than any other durable medical equipment supplier;

                (2) prevents a durable medical equipment supplier from providing durable medical equipment services under the same terms and conditions as those offered to any other durable medical equipment supplier; or

                (3) permits or mandates a difference in coverage or imposes any conditions or disincentives that would likely cause a recipient to choose one durable medical equipment supplier over another durable medical equipment supplier."

- 2 -