AN ACT
RELATING TO DENTISTRY; CLARIFYING THE
APPLICATION OF THE DENTAL HEALTH CARE ACT TO MEDICAID AND CERTAIN SECTIONS OF
THE NEW MEXICO INSURANCE CODE; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 27-2-12 NMSA 1978 (being Laws 1973,
Chapter 376, Section 16, as amended) is amended to read:
"27-2-12. MEDICAL ASSISTANCE PROGRAMS.--Consistent with
the federal act and subject to the appropriation and availability of federal
and state funds, the medical assistance division of the human services
department may by regulation provide medical assistance, including the services
of licensed doctors of oriental medicine, licensed chiropractic physicians and
licensed dental hygienists in collaborative practice, to persons eligible for
public assistance programs under the federal act."
Section 2. Section 59A-22-32 NMSA 1978 (being Laws 1984,
Chapter 127, Section 454, as amended) is amended to read:
"59A-22-32. FREEDOM OF CHOICE OF HOSPITAL AND
PRACTITIONER.--
A. Within the area and limits of coverage
offered an insured and selected by him in the application for insurance, the
right of any person to exercise full freedom of choice in the selection of any
hospital for hospital care or of any practitioner of the healing arts or
optometrist, psychologist, podiatrist, certified nurse-midwife, registered lay
midwife or registered nurse in expanded practice, as defined in Subsection B of
this section, for treatment of any illness or injury within his scope of practice
shall not be restricted under any new policy of health insurance, contract or
health care plan issued after June 30, 1967 in this state or in the processing
of any claim thereunder. Any person
insured or claiming benefits under any such health insurance policy, contract
or health care plan providing within its coverage for payment of service
benefits or indemnity for hospital care or treatment of persons for the cure or
correction of any physical or mental condition shall be deemed to have complied
with the requirements of the policy, contract or health care plan as to
submission of proof of loss upon submitting written proof supported by the
certificate of any hospital currently licensed by the department of health or
any practitioner of the healing arts or optometrist, psychologist, podiatrist,
certified nurse-midwife, registered lay midwife or registered nurse in expanded
practice.
B. As used in this section:
(1) "hospital care" means hospital
service provided through a hospital that is maintained by the state or any
political subdivision of the state or any place that is currently licensed as a
hospital by the department of health and has accommodations for resident bed
patients, a licensed professional registered nurse always on duty or call, a
laboratory and an operating room where surgical operations are performed, but
"hospital care" does not include a convalescent or nursing or rest
home;
(2) "practitioner of the healing arts"
means any person holding a license or certificate authorizing the licensee to
offer or undertake to diagnose, treat, operate on or prescribe for any human
pain, injury, disease, deformity or physical or mental condition pursuant to:
(a) the Chiropractic Physician Practice Act;
(b) the Dental Health Care Act;
(c) the Medical Practice Act;
(d) Chapter 61, Article 10 NMSA 1978; and
(e) the Acupuncture and Oriental Medicine
Practice Act;
(3) "optometrist" means any person
holding a license provided for in the Optometry Act;
(4) "podiatrist" means any person
holding a license provided for in the Podiatry Act;
(5) "psychologist" means a person who
is duly licensed or certified in the state where the service is rendered and
has a doctoral degree in psychology and has had at least two years of clinical
experience in a recognized health setting or has met the standards of the
national register of health service providers in psychology;
(6) "certified nurse-midwife" means any
person licensed by the board of nursing as a registered nurse and who is
registered with the public health division of the department of health as a
certified nurse-midwife;
(7) "registered lay midwife" means any
person who practices lay midwifery and is registered as a registered lay
midwife by the public health division of the department of health; and
(8) "registered nurse in expanded
practice" means any person licensed by the board of nursing as a
registered nurse approved for expanded practice pursuant to the Nursing
Practice Act as a certified nurse practitioner, certified registered nurse
anesthetist, certified clinical nurse specialist in psychiatric mental health
nursing or clinical nurse specialist in private practice and who has a master's
degree or doctorate in a defined clinical nursing speciality and is certified
by a national nursing organization.
C. This section shall apply to any such policy
that is delivered or issued for delivery in this state on or after July 1, 1979
and to any existing group policy or plan on its anniversary or renewal date
after June 30, 1979 or at expiration of the applicable collective bargaining
contract, if any, whichever is later."
Section 3. Section 59A-46-35 NMSA 1978 (being Laws 1987,
Chapter 335, Section 1, as amended) is amended to read:
"59A-46-35. PROVIDER DISCRIMINATION PROHIBITED.--No class
of licensed individual providers willing to meet the terms and conditions
offered by a health maintenance organization shall be excluded from a health maintenance
organization. For purposes of this
section, "providers" means those persons licensed pursuant to:
A. the Optometry Act;
B. Section 61-3-23.2 NMSA 1978;
C. the Chiropractic Physician Practice Act;
D. the Dental Health Care Act;
E. the Medical Practice Act;
F. the Podiatry Act;
G. the Professional Psychologist Act;
H. Chapter 61, Article 10 NMSA 1978; or
I. the Pharmacy Act."
Section 4. A new section of the Nonprofit Health Care
Plan Law, Section 59A-47-28.4 NMSA 1978, is enacted to read:
"59A-47-28.4. COVERAGE FOR COLLABORATIVE PRACTICE DENTAL
HYGIENISTS.--An individual or group subscriber contract delivered or issued for
delivery in New Mexico that, on a prepaid, service or indemnity basis provides
for treatment of persons for the prevention, cure or correction of any illness
or physical or mental condition shall include coverage for the services of a
dental hygienist in a collaborative practice pursuant to the Dental Health Care
Act."
HB 896
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