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AN ACT

RELATING TO HEALTH; CREATING A BIRTHING WORKFORCE RETENTION

FUND FOR ASSISTANCE WITH MALPRACTICE PREMIUMS FOR CERTIFIED

NURSE-MIDWIVES AND PHYSICIANS WHO PROVIDE BIRTHING SERVICES TO

LOW-INCOME NEW MEXICANS; MAKING AN APPROPRIATION.

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

Section 1. BIRTHING WORKFORCE RETENTION FUND CREATED.--

A. The "birthing workforce retention fund" is

created in the state treasury. The purpose of the fund is to

provide malpractice insurance premium assistance for certified

nurse-midwives or physicians whose insurance premium costs

jeopardize their ability to continue their obstetrics

practices in New Mexico. The fund shall consist of

appropriations, gifts, grants and donations to the fund. The

fund shall be administered by the department of health, and

money in the fund is appropriated to the department of health

for the purpose of making awards pursuant to the provisions of

this section.

B. The department of health shall develop

procedures and rules for the application for and award of

money from the birthing workforce retention fund, including

criteria upon which to evaluate the need of the applicant and

the merits of the application. The rules shall require that

the applicant be a certified nurse-midwife licensed in New

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Mexico or a physician licensed in New Mexico and that the

applicant demonstrate need by showing that medicaid patients

or indigent patients constitute at least one-half of the

obstetric practice of the applicant and that malpractice

insurance premiums have increased every year for two years.

The certified nurse-midwife or physician shall have a

malpractice liability insurance policy in force. Subject to

availability of funds, an award shall not be less than five

thousand dollars ($5,000) and not more than ten thousand

dollars ($10,000) and shall be disbursed based on the

percentage of medicaid patients or indigent patients seen in

the practice. Priority for the awarding of money from the

birthing workforce retention fund shall be in the following

order:

(1) to certified nurse-midwives; and

(2) to family practice physicians and

obstetricians.

C. The department of health shall annually report

to the legislative finance committee on the status of the

birthing workforce retention fund.

D. Disbursements from the birthing workforce

retention fund shall be made by warrant of the department of

finance and administration pursuant to vouchers signed by the

secretary of health or the secretary's authorized

representative. Any unexpended or unencumbered balance

remaining in the fund at the end of a fiscal year shall not

revert but shall remain to the credit of the fund.

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