0001|                           SENATE BILL 1118
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          BEN D. ALTAMIRANO
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO TAXATION; ELIMINATING THE TRANSFER OF BALANCES FROM
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0012|     THE COUNTY INDIGENT HOSPITAL CLAIMS FUND TO THE COUNTY-
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0013|     SUPPORTED MEDICAID FUND; AMENDING CERTAIN SECTIONS OF THE NMSA
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0014|     1978.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 27-5-2 NMSA 1978 (being Laws 1965,
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0018|     Chapter 234, Section 2, as amended) is amended to read:
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0019|          "27-5-2.  PURPOSE OF INDIGENT HOSPITAL AND COUNTY HEALTH
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0020|     CARE ACT.--The purpose of the Indigent Hospital and County
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0021|     Health Care Act is: 
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0022|               A.  to recognize that the individual county of this
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0023|     state is the responsible agency for ambulance transportation or
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0024|     the hospital care or the provision of the health care, to
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0025|     indigent patients domiciled in that county, for at least three
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0001|     months or for such period of time, not in excess of three
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0002|     months, as determined by resolution of the board of county
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0003|     commissioners, and to provide a means whereby each county can
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0004|     discharge this responsibility through a system of financial
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0005|     reimbursement to ambulance providers, hospitals or health care
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0006|     providers for actual cost incurred for the care and treatment
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0007|     of the indigent patient in the hospitals of this state, or
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0008|     <s>[both]</s> <u>all three</u>; and
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0009|               B.  to recognize that the counties of the state are
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0010|     also responsible for supporting indigent patients by providing
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0011|     local revenues to match federal funds for the state medicaid
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0012|     program, including the provision of matching funds for payments
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0013|     to sole community provider hospitals <s>[and the transfer of
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<s></s>0014| <s>    funds to the county-supported medicaid fund pursuant to the
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<s></s>0015| <s>    Statewide Health Care Act]</s>."
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0016|          Section 2.  Section 27-5-7 NMSA 1978 (being Laws 1965,
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0017|     Chapter 234, Section 7, as amended) is amended to read:
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0018|          "27-5-7.  COUNTY INDIGENT HOSPITAL CLAIMS FUND.--
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0019|               A.  There is created in the county treasury of each
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0020|     county a "county indigent hospital claims fund".
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0021|               B.  Collections under the levy made pursuant to the
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0022|     Indigent Hospital and County Health Care Act and all payments
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0023|     shall be placed into the fund, and the amount placed in the
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0024|     fund shall be budgeted and expended only for the purposes
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0025|     specified in the Indigent Hospital and County Health Care Act,
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0001|     by warrant upon vouchers approved by a majority of the board
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0002|     and signed by the chairman of the board.  Payments for indigent
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0003|     hospitalizations shall not be made from any other county fund.
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0004|               C.  The fund shall be audited in the manner that
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0005|     other state and county funds are audited, and all records of
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0006|     payments and verified statements of qualification upon which
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0007|     payments were made from the fund shall be open to the public.
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0008|               D.  Any balance remaining in the fund at the end of
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0009|     the fiscal year <s>[pursuant to Subsection F of this section]</s>
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0010|     shall carry over into the ensuing year, and that balance shall
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0011|     be taken into consideration in the determination of the ensuing
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0012|     year's budget and certification of need for purposes of making
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0013|     a tax levy.
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0014|               E.  Money may be transferred to the fund from other
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0015|     sources, but no transfers may be made from the fund for any
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0016|     purpose other than those specified in the Indigent Hospital and
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0017|     County Health Care Act.
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0018|               <s>[F.  On June 30 of each fiscal year, beginning in
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<s></s>0019| <s>    1998, the board shall transfer to the county-supported medicaid
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<s></s>0020| <s>    fund that amount of the balance in the county indigent hospital
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<s></s>0021| <s>    claims fund that exceeds two hundred thousand dollars
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<s></s>0022| <s>    ($200,000) or that exceeds the amount equal to thirty percent
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<s></s>0023| <s>    of the income to the fund during that fiscal year, whichever is
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<s></s>0024| <s>    greater.  Beginning in 1998, the transfer shall be made by
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<s></s>0025| <s>    September 1 of each fiscal year.  Any amount transferred to the
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<s></s>0001| <s>    county-supported medicaid fund pursuant to this subsection is
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<s></s>0002| <s>    in addition to the county's obligation pursuant to Section 27-
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<s></s>0003| <s>    10-4 NMSA 1978.]</s>"
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0004|                              
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