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F I S C A L I M P A C T R E P O R T

SPONSOR Robinson

DATE TYPED 3/01/05

HB

SHORT TITLE Vital Records Copying Fees

SB 452/aSFC

ANALYST Hanika-Ortiz

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$180.0

Recurring E-Vitals Fund

REVENUE

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY05

FY06

$873.1

Recurring

Day-Care Fund

$947.4

Recurring

E-Vital Fund

$886.3

Recurring

General Fund

SOURCES OF INFORMATION

LFC Files

Responses Received From

Commission of Public Records

Department of Health (DOH)

SUMMARY

Synopsis of SFC Amendment

The Senate Finance Committee amendment establishes fees for vital records. The fee for a certi-

fied copy of a birth certificate shall be $15, a court-ordered change to a vital record $20 and a

certified copy of a death certificate $7.00. The SJC amendment also reduces the amount of reve-

nue fees distributed to the E-Vital Fund to 30%. The original bill had recommended 35%.

Senate Bill 452/aSFC-- Page 2

Synopsis of Original Bill

Senate Bill 452 amends Section 24-14-29 NMSA 1978 giving authority to the DOH to promul-

gate rules to establish fees for vital records.

SB 452 seeks to allocate thirty five percent of fee revenue to support the new electronic birth,

death and amendments to vita records system known as E-Vitals. The Day-Care Fund would re-

ceive thirty five percent of birth record fees, ten percent of the amendments fees and thirty per-

cent of the death record fees. The remaining revenues would revert to the General Fund.

Significant Issues

DOH seeks to establish vital records fees to fund the maintenance of the new electronic, web-

based (E-Vitals) system developed for the electronic submission of vital records information.

The vital records system is a statewide system involving twenty-six public health field issuance

sites, as well as the OMI, funeral homes, hospitals and physicians throughout the state.

PERFORMANCE IMPLICATIONS

Supports DOH performance measures to increase data quality as evidenced by the percent of

procedures in place ensuring data quality, and to increase the use of health and performance data

related to policy and program development.

FISCAL IMPLICATIONS

The DOH report $1.6 million in annual revenues are generated from vital records fees. Currently

funds are apportioned between the Day-Care Fund and the General Fund. SB 452 would con-

tinue to allocate a portion of fees to both these funds in addition to the E-Vitals Fund. The fee

amounts would be set by rule, rather than statute, and any adjustments to fee structure would af-

fect revenues in each Fund.

An initial appropriation of $1 million for the new E-Vitals system was appropriated through the

Computer Enhancement Fund in the 2004 Legislative Session. The $1 million is not in the DOH

FY05 operating budget because the State CIO has not yet certified the project. This certification

is anticipated by March 2005, and a budget adjustment request will then be processed to DFA to

bring the funds into the DOH operating budget. A vendor has been selected through the request

for proposal process, and contract negotiations are underway. The $1 million dollar appropriation

will be used for the contracted vendor and for purchase of new servers for the E-Vitals system.

Further funding will be needed to support the maintenance and future enhancements of E-Vitals.

While initial funding for the implementation of the E-Vitals system has been provided, additional

funding is required to maintain the system. The portion of vital records fees would provide DOH

with the funds necessary to maintain the E-Vitals system after implementation.

The DOH has the following comment:

An increase in the birth record fee from $10.00 to $15.00 per record, an increase in the death re-

cord fee from $5.00 to $10.00 per record and an increase in the record amendments fee from

$10.00 to $20.00 per record would generate $2,706.650 million annually. The revenues would be

Senate Bill 452/aSFC-- Page 3

distributed as follows:

•

E-Vitals System -$947.327 thousand

•

Day Care Fund - $873.057 thousand ( currently at $858. thousand)

•

General Fund - $886.265 thousand (currently at $759.185 thousand)

The current fees generate $1.6 million annually and are distributed as follows:

•

Day Care Fund - $858.000 thousand

•

General Fund - $759.185 thousand

The DOH executive recommendation does not contain any requested funding for the E-Vital sys-

tem for FY06.

ADMINISTRATIVE IMPLICATIONS

DOH would have the authority to establish vital records fees and reasonable increases, and create

venues for public input on fees through the public hearing process necessary to promulgate rules.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

SB 71 amends the same Section including a new Subsection C providing for a $5 fee to produce

a certified copy of stillbirth deposited into the General Fund.

TECHNICAL ISSUES

None

OTHER SUBSTANTIVE ISSUES

The E-Vitals system will greatly reduce the time for registration and issuance of birth and death

certificates and changes related to adoptions and paternities.

ALTERNATIVES

The DOH note they could seek system support through the computer enhancement fund process.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

DOH reports vital record fees will remain as enacted in 1987 and DOH would not receive fund-

ing via a fee to maintain the E-Vitals web-enabled system.

QUESTIONS

How do proposed fee increases compare to what other states are charging. Is there any financial

assistance provided for people who cannot pay.

Do the federal HIPAA rules apply regarding copying fees for health records.

AHO/yr