State of New Mexico
                      House of Representatives
  
                      FORTY-THIRD LEGISLATURE
                        FIRST SESSION, 1997
  
  
                                                   March 21, 1997
  
  
  Mr. Speaker:
  
       Your JUDICIARY COMMITTEE, to whom has been referred
  
                 SENATE BILL 1237, as amended
                               
  has had it under consideration and reports same with
  recommendation that it DO PASS, amended as follows:
  
       1.  On page 1, line 12, after "ACT" insert "; CONFIRMING
  POWERS OF THE STATE AGENCY ON AGING TO CONDUCT EVALUATIONS".
  
       2.  On page 1, between lines 14 and 15, insert the following
  new section:
  
       "Section 1.  Section 28-4-6 NMSA 1978 (being Laws 1979, Chap-
  
  ter 203, Section 3, as amended) is amended to read:
  
       "28-4-6.  AGENCY POWERS.--
  
            A.  The state agency on aging:
  
                 (1)  may receive on behalf of the state any gifts,
  donations or bequests from any source to be used in carrying out its
  duties; and
  
                 (2)  is designated as the state agency for handling
  all programs of the federal government related to the aged, except
  those designated by law as the responsibility of another state
  agency, and may enter into agreements and contracts with agencies of
  the federal government for this purpose.
  
            B.  The state agency on aging may adopt and promulgate
  such reasonable rules and regulations as are deemed necessary to
  carry out its duties.  Unless otherwise provided by law, no rule or
  regulation affecting any person or agency outside [that] the state
  agency on aging shall be adopted, amended or repealed without a
  public hearing on the proposed action before the director of the
  state agency on aging or a hearing officer designated by him.  The
  public hearing shall be held in Santa Fe unless otherwise permitted
  by statute.  Notice of the subject matter of the rule or regulation,
  the action proposed to be taken, the time and place of the hearing,
  the manner in which interested persons may present their views and
  the method by which copies of the proposed rule or regulation or
  proposed amendment or repeal of an existing rule or regulation may
  be obtained shall be published once at least thirty days prior to
  the hearing in a newspaper of general circulation and mailed at
  least thirty days prior to the hearing date to all persons who have
  made a written request for advance notice of hearing.  The director
  of the state agency on aging shall also provide such notice to the
  director of each senior citizen center no later than forty days
  prior to the public hearing.  All rules and regulations shall be
  filed in accordance with the State Rules Act.
  
            C.  To ensure that the health and safety needs of the
  state's aged population are being met, the state agency on aging may
  conduct unannounced quality care evaluations of health and long-term
  care facilities that provide services to the aged, including the use
  of undercover patients or employees.  Any employee or contractor of
  the state agency on aging who participates in such an evaluation
  shall be immune from liability in any civil action related to the
  evaluation, provided it is conducted in good faith.  The purpose of
  this subsection is to confirm and clarify the authority of the state
  agency on aging to conduct quality care evaluations to protect the
  interests of the state's aged population."".
  
       3.  On page 2, lines 9 and 10, strike "for more than twenty-
  four hours".
  
       4.  On page 2, line 12, after "facility" insert ", including
  an intermediate care facility for the mentally retarded".
  
       5.  On page 4, lines 5 and 6, remove the bracket and line-
  through.
  
       6.  On page 4, strike lines 7 through 10.
  
       7.  On page 14, line 2, strike "acting in the best interests"
  and insert in lieu thereof "following the wishes".   
  
                                Respectfully submitted,
  
  
  
                                                                                               
                                                              Thomas P. Foy, Chairman
  
  
  Adopted                       Not Adopted                       
            (Chief Clerk)                       (Chief Clerk)
  
                         Date             
  
  The roll call vote was 10  For 0  Against
  Yes:      10
            Excused:  Alwin, Rios, Sanchez
            Absent:   None
  
  
  .118948.2
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