HOUSE BILL 357

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Tara L. Lujan and Kathleen Cates

AN ACT

RELATING TO PUBLIC ASSISTANCE; PROHIBITING THE INCLUSION OF HEALTH CARE PROVIDER GROSS RECEIPTS TAXES IN A MI VIA WAIVER PROGRAM PARTICIPANT'S BUDGET.

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

     SECTION 1. [NEW MATERIAL] MI VIA WAIVER PROGRAM--GROSS RECEIPTS TAXES.--

          A. The health care authority shall promulgate rules to ensure that gross receipts taxes are not used to calculate the individual budgetary allotments for individuals participating in the mi via waiver program. A health care provider's costs for gross receipts taxes shall be billed and reimbursed as a separate line item that is in addition to a participant's individual budgetary allotment.

          B. For the purposes of this section:

                (1) "individual budgetary allotment" means the total approved annual budget assigned to a mi via waiver program participant for services, supports and goods; and

                (2) "mi via waiver program" means the state's self-directed medicaid home- and community-based services waiver program.

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