HOUSE BILL 642

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Ray Begaye

AN ACT

RELATING TO HEALTH; ENACTING THE INDIAN HEALTH CARE ACT; CREATING A NEW DIVISION WITHIN THE DEPARTMENT OF HEALTH; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Indian Health Care Act".

     Section 2. PURPOSE.--The purpose of the Indian Health Care Act is to ensure that prescribed health care is culturally relevant to Native Americans, that adequate attention is paid to the coordination of service delivery between state and tribal health care providers and that culturally competent health care is provided by including Native American staff at all levels of service delivery.

     Section 3. DEFINITIONS.--As used in the Indian Health Care Act:

          A. "department" means the department of health;

          B. "secretary" means the secretary of health; and

          C. "tribe" means an Indian nation, tribe or pueblo located within New Mexico.

     Section 4. INDIAN HEALTH CARE DIVISION CREATED--DEPUTY SECRETARY OF HEALTH POSITION CREATED.--

          A. The "Indian health care division" is created in the department. The secretary shall appoint a deputy secretary of health, who shall direct the activities of the division.

          B. The deputy secretary of health shall:

                (1) oversee, manage, coordinate with and supervise programs affecting delivery of health care to Native Americans in New Mexico, including primary care, behavioral health care, medicaid and medicare, social services, policy and finance, children's health and long-term care;

                (2) appoint an Indian health care advisory board consisting of relevant tribal and urban Native Americans to analyze service delivery problems and to assess the effects of changes in delivery systems; and

                (3) promote government-to-government relationships and ties between tribes and the state by implementing the federally mandated tribal consultation process.

          C. The Indian health care division shall: 

                (1) encourage adoption of culturally relevant service deliveries, including:

                     (a) native language; 

                     (b) traditional healing practices;

                     (c) alternative licensing for healers; and

                     (d) methodologies relative to native traditions in health care initiatives;

                (2) improve resources available to reduce health and behavioral health disparities between New Mexico's Native American population and other New Mexicans;

                (3) increase the number of licensed Native American health care providers in the state of New Mexico through increased attention to recruitment and retention and through collaborative efforts with higher education and licensing boards;

                (4) prepare an annual health care assessment of Native Americans in New Mexico;

                (5) promote government-to-government relationships between a tribe and the state by implementing the federally mandated tribal consultation process;

                (6) collaborate with the federal Indian health service and other Native American health care providers independent of states or counties, in order to merge or solidify service deliveries to Native American communities; and

                (7) identify and reduce disparities between New Mexico Native Americans and New Mexicans of other ethnicities.

     Section 5. RULEMAKING.--The department shall adopt rules to implement the provisions of the Indian Health Care Act.

     Section 6. APPROPRIATION.--Four million five hundred thousand dollars ($4,500,000) is appropriated from the general fund to the department of health for the Indian Health Care Act for expenditure in fiscal years 2006 to 2008. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.

- 4 -