SENATE BILL 204

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

INTRODUCED BY

Gerald P. Ortiz y Pino

AN ACT

RELATING TO PUBLIC WELFARE; REQUIRING APPLICANTS FOR PUBLIC ASSISTANCE PROGRAMS FUNDED BY THE STATE TO DISCLOSE EMPLOYER INFORMATION.

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

     Section 1. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] REQUIRED APPLICATION INFORMATION--STATE FUNDED PROGRAMS.--

          A. An applicant for health care benefits under the Public Assistance Act funded by the state, or a person requesting uncompensated care in a hospital in the state shall identify the employer of the proposed beneficiary of the health care benefits or health care. If the proposed public assistance program beneficiary is not employed, the applicant shall identify the employer of an adult who is responsible for providing all or some of the proposed beneficiary's financial support.

          B. As used in this section, "proposed beneficiary" means a person who files an application for benefits or hospital care for himself or any other person on whose behalf an application is filed, including children or other dependents of the applicant or person for whom the application is filed."

     Section 2. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] COLLECTION AND TRANSMISSION OF APPLICATION INFORMATION.--

          A. By July 31 of each year, the human services department, the department of health, the aging and long-term services department, the children, youth and families department and other health and human services departments and state agencies shall provide to the legislative finance committee a report identifying all employers identified pursuant to the application requirements of Section 1 of this act who employ twenty-five or more public health program beneficiaries. In determining whether the twenty-five-employee threshold is met, the appropriate departments or agencies shall include all public health program beneficiaries employed by the employer and its subsidiaries at all locations within the state. The report shall include each employer's name and, if applicable, the name of the employer's subsidiary, the location, the total number of the employer or subsidiary's employees and dependents who are enrolled in each state-funded health care program, and the total cost to the state of providing public health care benefits for the employees and enrolled dependents of each named employer. The report shall not include the names of any individual public health access program beneficiaries and shall be subject to privacy standards pursuant to Public Law 104-191 and the federal Health Insurance Portability and Accountability Act of 1996.

          B. In addition to filing the report with the legislative finance committee, the departments and agencies of the state shall make the report available to the public."

- 3 -