AN ACT

RELATING TO HEALTH CARE; ALLOWING FACILITY AND HEALTH CARE PROVIDER RISK INSURANCE TO BE PURCHASED THROUGH THE STATE.

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

     Section 1. A new section of Chapter 15, Article 7 NMSA 1978 is enacted to read:

     "HEALTH CARE PROVIDER RISK INSURANCE COVERAGE.--

           A. As deemed necessary for the public health of New Mexico by the secretary of health, a health care provider may voluntarily purchase risk insurance coverage offered pursuant to Section 15-7-3 NMSA 1978.

          B. A separate account shall be maintained for the health care provider that voluntarily elects to purchase risk insurance coverage pursuant to Section 15-7-3 NMSA 1978.

          C. For the purposes of this section, "health care provider" means a person, corporation, organization, facility or institution licensed or certified by this state to provide health care or professional services as a licensed physician, hospital, outpatient health care facility, nursing home, intermediate care facility, post-acute health care facility, osteopathic physician, chiropractic physician, podiatrist, nurse anesthetist, physician assistant, dentist, psychologist, doctor of oriental medicine, certified nurse practitioner, registered lay midwife or certified

nurse-midwife.

          D. The risk management division shall apportion to a health care provider its contributions toward the purchase of insurance or for the providing of coverage for any risk not insured. The amount of contribution by a health care provider shall be determined by the risk management division and shall reflect the respective risks of a health care provider. The department of finance and administration may collect or transfer funds from a health care provider to cover insurance or other costs, pursuant to the risk management division's instructions."

     Section 2. DELAYED REPEAL.--Section 1 of this act is repealed effective July 1, 2010.