SENATE FLOOR SUBSTITUTE FOR
SENATE BILLS 430 & 503
48th legislature - STATE OF NEW MEXICO - second session, 2008
AN ACT
RELATING TO THE LEGISLATURE; CREATING THE LEGISLATIVE HEALTH COMMITTEE TO PROVIDE FOR ONGOING STUDY ON HEALTH CARE REFORM; CREATING THE LEGISLATIVE HUMAN SERVICES OVERSIGHT COMMITTEE; ABOLISHING THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] CREATION OF LEGISLATIVE HEALTH COMMITTEE--MEMBERS--NUMBER--APPOINTMENT--TERMS--STAFF.--
A. A permanent joint interim committee of the legislature to be called the "legislative health committee" is created. The committee shall be composed of fourteen members, seven from the senate and seven from the house of representatives. The house health and government affairs committee and the senate public affairs committee shall be represented. The committee members shall be appointed for terms of two years or less, expiring on the first day of each regular session that convenes in an odd-numbered year. The term of any member shall terminate when the member ceases to be a member of the legislature. Members of the senate shall be appointed by the committees' committee of the senate or, if the appointment is made in the interim, by the president pro tempore after consultation with and agreement of a majority of the members of the committees' committee. Members of the house of representatives shall be appointed by the speaker of the house of representatives. Minority members shall be appointed by the speaker only from recommendations made by the minority floor leader; provided that the speaker shall retain the right to reject any such recommendations. Vacancies on the committee shall be filled for the unexpired term by the respective appointing authority that makes the original appointments and shall be subject to the same recommendations; provided that members shall be appointed from the respective houses, parties and committees so as to maintain the same number of house and senate members and the same representation of standing committees as provided in the original appointments. Each of the two parties having the greatest number of members in the legislature shall be represented on the committee in proportion to the membership of each such party in each house; provided that in the computation, major fractions shall be counted as whole numbers and in no event shall either of the two major parties have less than one member from each house.
B. The officers of the committee shall be a chair and a vice chair. Each office shall be alternated between the respective houses every two years. For the term beginning in 2008, the chair shall be a house member and the vice chair shall be a senate member. The appointing authority of each house shall exercise its appointing authority by naming the chair or vice chair respectively on this alternating basis.
C. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects such action.
D. Staff for the committee shall be provided by the legislative council service.
Section 2. [NEW MATERIAL] DUTIES OF THE COMMITTEE.--The legislative health committee shall:
A. conduct a continuing study of all health care in New Mexico, including the programs, agencies, policies, issues, needs and costs relating to health and health care systems;
B. conduct a continuing review and study of the statutes, constitutional provisions, regulations and court decisions governing programs, agencies and issues relating to health;
C. study existing and prospective public and private health care system financing, cost-containment initiatives and benefit issues; barriers to health care access; health disparities; appropriate enrollment strategies; delivery systems for prevention and management of chronic disease; strategies for provider recruitment and retention; the impact of federal initiatives to expand health coverage, as well as federal legal and administrative requirements for improving the access of uninsured New Mexicans to affordable health care; and Native American health care access needs and the federal government's participation in addressing those needs;
D. study post-secondary student health care and factors incident to providing that health care, including numbers of uncovered students, sources of health care coverage, the current role of student health care services and possible expanded student health care services and possible funding mechanisms for student health care coverage;
E. recommend changes in laws relating to health and health care, if any are deemed desirable, and draft and present to the legislature any legislation deemed necessary;
F. prepare and publish by December 1 of each year for the upcoming legislative session an annual report of its findings and recommendations relating to the adoption of legislation and rules, if any are found to be necessary, and make additional reports as it deems necessary; and
G. by November 30, 2009, submit an initial report to the governor and legislature with findings and recommendations, after consideration of actuarial, solvency, fiscal and policy analyses, and after public and stakeholder input, regarding:
(1) the efficacy of creating a state health care authority;
(2) whether or how to consolidate any actuarial pools; and
(3) whether to allow private employers to purchase coverage through any state programs or pools.
Section 3. [NEW MATERIAL] EXPERT ADVISORY COUNCILS.--The legislative health committee may appoint expert advisory councils to provide the committee with expert analysis on the areas set out in Section 2 of this act and other areas as determined by the committee. Members of the advisory councils shall receive per diem and mileage as provided in the Per Diem and Mileage Act.
Section 4. A new Section 2-3-8.1 NMSA 1978 is enacted to read:
"2-3-8.1. [NEW MATERIAL] HEALTH CARE UNIT.--
A. The legislative council service shall establish a "health care unit", staffed by persons knowledgeable and proficient in the areas of health and health care, research or policy analysis.
B. The health care unit shall staff the legislative health committee, conduct research and develop policy options regarding health care coverage and access, health professional supply and quality of health care and other health issues."
Section 5. Section 2-17-1 NMSA 1978 (being Laws 1998, Chapter 8, Section 21 and Laws 1998, Chapter 9, Section 21, as amended by Laws 2003, Chapter 311, Section 1 and by Laws 2003, Chapter 432, Section 1) is amended to read:
"2-17-1. [WELFARE REFORM] HUMAN SERVICES OVERSIGHT COMMITTEE CREATED [TERMINATION].--The joint interim legislative ["welfare reform] "human services oversight committee" is created. [The committee shall function from the date of its appointment until December 15 prior to the first session of the forty-ninth legislature.]"
Section 6. Section 2-17-2 NMSA 1978 (being Laws 1998, Chapter 8, Section 22 and Laws 1998, Chapter 9, Section 22) is amended to read:
"2-17-2. MEMBERSHIP--APPOINTMENT--VACANCIES.--
A. The [welfare reform] human services oversight committee shall be composed of twelve members. The New Mexico legislative council shall appoint six members from the house of representatives and six members from the senate. At the time of making the appointment, the legislative council shall designate the [chairman] chair and vice [chairman] chair of the committee.
B. Members shall be appointed from each house so as to give the two major political parties in each house the same proportionate representation on the committee as prevails in each house; however, in no event shall either party have less than one member from each house on the committee. At the request of the committee [chairman] chair, members may be removed from the committee by the New Mexico legislative council for nonattendance according to council policy. Vacancies on the committee, however caused, may be filled by the legislative council, or the council may reduce the size of the committee by not making replacement appointments and in that case need not readjust party representation.
C. An action shall not be taken by the committee if a majority of the total membership from either house on the committee rejects that action."
Section 7. Section 2-17-3 NMSA 1978 (being Laws 1998, Chapter 8, Section 23 and Laws 1998, Chapter 9, Section 23) is amended to read:
"2-17-3. DUTIES.--
A. After its appointment, the [welfare reform] human services oversight committee shall hold one organizational meeting to develop a work plan and budget for the ensuing interim. The work plan and budget shall be submitted to the New Mexico legislative council for approval. Upon approval of the work plan and budget by the legislative council, the committee shall:
(1) examine the statutes, constitutional provisions and rules governing welfare reform in New Mexico;
(2) monitor and oversee the implementation of the New Mexico Works Act;
(3) review issues related to welfare reform, including job training programs and related contracts; cash assistance; child care, transportation and other job-related services; and other issues that arise because of the devolution of the federal welfare programs to the states; [and
(4) make recommendations relating to the adoption of rules and legislation, if any are found to be necessary]
(4) conduct a continuing study of the programs, agencies, policies, issues and needs relating to human services in New Mexico, including review and study of the statutes, constitutional provisions, regulations and court decisions governing such programs, agencies, policies, issues and needs;
(5) study the full continuum of programs and services available and needed for children, families and the aging population; and
(6) prepare and publish by December 1 of each year for the upcoming legislative session an annual report of its findings and recommendations relating to the adoption of rules and legislation, if any are found to be necessary.
B. The committee shall regularly receive testimony from the secretaries of human services; [labor] workforce solutions; children, youth and families; [and] health; and [the superintendent of public instruction] public education on issues arising from the implementation of the New Mexico Works Act and shall review proposed rules, schedules and formulae before adoption."
Section 8. Section 2-17-4 NMSA 1978 (being Laws 1998, Chapter 8, Section 24 and Laws 1998, Chapter 9, Section 24) is amended to read:
"2-17-4. SUBCOMMITTEES.--Subcommittees shall be created only by majority vote of all members appointed to the [welfare reform] human services oversight committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee. Any meeting or expenditure of a subcommittee shall be approved by the full committee in advance of that meeting or expenditure, and the approval shall be shown in the minutes of the committee."
Section 9. Section 2-17-6 NMSA 1978 (being Laws 1998, Chapter 8, Section 26 and Laws 1998, Chapter 9, Section 26) is amended to read:
"2-17-6. STAFF.--The staff for the [welfare reform] human services oversight committee shall be provided primarily by the legislative council service, but the legislative council service may request the assistance of the legislative finance committee staff at the direction of the [welfare reform] human services oversight committee."
Section 10. Section 9-7-11.2 NMSA 1978 (being Laws 1991, Chapter 139, Section 2, as amended) is amended to read:
"9-7-11.2. NEW MEXICO HEALTH POLICY COMMISSION CREATED--COMPOSITION--DUTIES.--
A. There is created the "New Mexico health policy commission", which is administratively attached to the department of finance and administration.
B. The New Mexico health policy commission shall consist of nine members appointed by the governor with the advice and consent of the senate to reflect the ethnic, economic, geographic and professional diversity of the state. A majority of the commission members shall have no pecuniary or fiduciary interest in the health services industry while serving or for three years preceding appointment to the commission. Three members shall be appointed for one-year terms, three members shall be appointed for two-year terms and three members shall be appointed for three-year terms, and all subsequent appointments shall be made for three-year terms.
C. The New Mexico health policy commission shall meet at the call of the chair and shall meet not less than quarterly. The chair shall be elected from among the members of the commission. Members of the New Mexico health policy commission shall not be paid but shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act.
D. The New Mexico health policy commission shall establish task forces as needed to make recommendations to the commission on various health issues. Task force members may include individuals who have expertise or a pecuniary or fiduciary interest in the health services industry. Voting members of a task force may receive mileage expenses if they:
(1) are members who represent consumer interests;
(2) are individuals who were not appointed to represent the views of the organization or agency for which they work; or
(3) represent an organization that has a policy of not reimbursing travel expenses of employees or representatives for travel to meetings.
E. The New Mexico health policy commission shall:
(1) develop a plan for and monitor the implementation of the state's health policy;
(2) obtain and evaluate information from a broad spectrum of New Mexico's society to develop and monitor the implementation of the state's health policy;
(3) obtain and evaluate information relating to factors that affect the availability and accessibility of health services and health care personnel in the public and private sectors;
(4) perform needs assessments on health personnel, health education and recruitment and retention and make recommendations regarding the training, recruitment, placement and retention of health professionals in underserved areas of the state;
(5) prepare and publish by October 1 each year an annual report describing the progress in addressing the state's health policy and planning issues. The report shall include a [workplan] work plan of goals and objectives for addressing the state's health policy and planning issues in the upcoming calendar year;
(6) distribute the annual report to the governor, appropriate state agencies and [interim] appropriate legislative committees and interested parties;
(7) establish a process to prioritize recommendations on program development, resource allocation and proposed legislation;
(8) provide information and analysis on health issues;
(9) serve as a catalyst and synthesizer of health policy in the public and private sectors;
(10) respond to requests by the executive and legislative branches of government; and
(11) ensure that any behavioral health projects, including those relating to mental health and substance abuse, are conducted in compliance with the requirements of Section 9-7-6.4 NMSA 1978.
F. The New Mexico health policy commission shall provide reports directly to the legislative health committee and shall coordinate the commission's studies, policy recommendations and findings with that committee."
Section 11. TEMPORARY PROVISION--REFERENCES IN LAW.--All references in law to the welfare reform oversight committee shall be deemed to be references to the human services oversight committee.
Section 12. REPEAL.--Sections 2-13-1 through 2-13-5 and 2-17-5 NMSA 1978 (being Laws 1989, Chapter 349, Sections 1 through 5 and Laws 1998, Chapter 8, Section 25 and Laws 1998, Chapter 9, Section 25) are repealed.
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