SENATE BILL 385

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Richard C. Martinez

AN ACT

RELATING TO COUNTIES; SETTING HEALTH CARE PROVIDER REIMBURSEMENT RATES FOR HEALTH CARE DELIVERED TO PERSONS IN COUNTY JAIL CUSTODY.

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

      Section 1. HEALTH CARE PROVIDER REIMBURSEMENT--EXCEPTION.--

          A. Except as provided in Subsection C of this section, a county shall reimburse a person that provides health care, including mental health care, to a person in the custody of a county jail as follows:

                 (1) the county shall reimburse a medicaid provider, as defined in Subsection D of Section 27-11-2 NMSA 1978, at the lesser of:

                     (a) the rate at which the human services department reimburses the provider for medicaid recipients, as defined in Subsection F of Section 27-11-2 NMSA 1978; and

                     (b) the lowest rate that the provider charges any payer for the same care; and

                (2) the county shall reimburse a provider that is not a medicaid provider but that accepts reimbursement from the state for all or part of a patient's care at the lesser of:

                     (a) the lowest rate that the state reimburses the provider for the same care pursuant to another program; and

                     (b) the lowest rate that the provider charges to any payer for the same care.

          B. Unless a county law enforcement agency determines otherwise, a provider shall disclose the lowest rate that the provider charges to any payer for care it delivers.

          C. Notwithstanding the provisions of Subsection A of this section, a county may enter into agreements with health care providers to set rates that differ from the provisions of Subsection A of this section.

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