45th legislature - STATE OF NEW MEXICO - first session, 2001

REQUESTING THE PRESIDENT OF THE UNIVERSITY OF NEW MEXICO AND THE VICE PRESIDENT OF THE UNIVERSITY OF NEW MEXICO HEALTH SCIENCES CENTER TO REVIEW THE UNIVERSITY MEDICAL CENTER POLICY ON USE OF COUNTY INDIGENT HOSPITAL CLAIMS FUNDS TO ASSURE EQUAL ACCESS TO THOSE FUNDS BY NATIVE AMERICANS RECEIVING SERVICES AT UNIVERSITY OF NEW MEXICO MEDICAL CENTER FACILITIES AND TO REPORT TO AN APPROPRIATE LEGISLATIVE COMMITTEE NO LATER THAN JULY 1, 2001 REGARDING THE RESOLUTION OF THE MATTER.

WHEREAS, the main hospital in Bernalillo county that is charged with providing health care services to Native Americans is the university hospital, a facility of the university of New Mexico health sciences center; and

WHEREAS, Indian health services is billed for health care services provided to Native American residents of Bernalillo county who utilize the university hospital; and

WHEREAS, the Indigent Hospital and County Health Care Act creates county indigent hospital claims funds in each county, and provides the counties with authority to levy taxes to pay for indigent claims that are not eligible for coverage through medicaid; and

WHEREAS, in fiscal year 2000, Indian health services paid five million dollars to university hospital for care provided to Native American patients and many of those patients could have been covered by Bernalillo county indigent hospital claims fund money; and

WHEREAS, one-half of the Native American patients came from the Albuquerque area Indian health service and the other half came from the Navajo area Indian health service or Indian health service areas outside of New Mexico; and

WHEREAS, in 63 Stat. 1049, a 1949 federal statute, a joint venture was authorized between the federal government, represented by the commissioner of Indian affairs acting on behalf of Indian health services, the board of county commissioners of Bernalillo county and the board of trustees of the Bernalillo county hospital to provide medical care to Native American people; and

WHEREAS, those entities entered into a contract on June 16, 1952, in which the property now occupied by the university hospital and other university of New Mexico health sciences center facilities was taken out of trust for the tribes in New Mexico and deeded to Bernalillo county subject to provision of health care services to Indian people by the hospital in perpetuity, regardless of who the successors in interest in the university hospital would be; and

WHEREAS, many Native Americans who use the services of the university hospital live or shop in Bernalillo county and pay the taxes that pay for the operations and maintenance of the university of New Mexico health sciences center and yet they are not able to access the indigent funds paid for by their tax dollars;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the policy on the use of county indigent hospital claims fund money by university hospital and other university of New Mexico health sciences center facilities be reviewed by the president of the university of New Mexico and the vice president of the university of New Mexico health sciences center to determine how to ensure that the claims for health care services for Native Americans receiving services at university of New Mexico health sciences center facilities and who are eligible to have their health care services paid from the Bernalillo county indigent hospital claims fund just as other eligible people have their claims paid from Bernalillo county indigent hospital claims fund money; and

BE IT FURTHER RESOLVED that the results of the review of the policy be presented to an appropriate interim committee no later than July 1, 2001; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the president of the university of New Mexico, the vice president of the university of New Mexico health sciences center and the director of the Indian health services in New Mexico.