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AN ACT

RELATING TO NATIVE AMERICAN HEALTH CARE; PROVIDING FOR

CREATION OF THE BERNALILLO COUNTY OFF-RESERVATION NATIVE

AMERICAN HEALTH COMMISSION.

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

Section 1. SHORT TITLE.--This act may be cited as the

"Bernalillo County Off-Reservation Native American Health

Commission Act".

Section 2. DEFINITIONS.--As used in the Bernalillo

County Off-Reservation Native American Health Commission Act:

A. "commission" means the off-reservation Native

American health commission;

B. "department" means the department of health;

C. "New Mexico tribe" means an Indian nation,

tribe or pueblo located within New Mexico;

D. "off-reservation Native American" means a

member of a federally recognized tribe or an Alaskan native

who lives in an off-reservation urban area and is a resident;

E. "off-reservation nonprofit organization" means

a corporate nonprofit entity that provides research, advocacy

or health care services for the purpose of improving health

care services or the overall health of Native Americans who

are not living on reservations or pueblos;

F. "off-reservation urban area" means an area of

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land that is within Bernalillo county but not under the

jurisdiction of a New Mexico tribe;

G. "resident" means a person who lives in and is

domiciled in New Mexico; and

H. "secretary" means the secretary of health.

Section 3. BERNALILLO COUNTY OFF-RESERVATION NATIVE

AMERICAN HEALTH COMMISSION CREATED--MEMBERSHIP.--

A. The board of county commissioners of Bernalillo

county may create the "Bernalillo county off-reservation

Native American health commission" and appoint nine commission

members for staggered three-year terms after soliciting

nominations for its membership from appropriate off-

reservation nonprofit organizations in Bernalillo county.

B. The board of county commissioners may agree to

appoint the commission's members to include:

(1) someone who manages the Indian health

service's Albuquerque-area urban Indian health program;

(2) someone experienced in the delivery of

off-reservation Native American health care services in

Bernalillo county;

(3) the tribal liaison for the department;

(4) two members who are members of a New

Mexico tribe and have a background in providing or advocating

for off-reservation Native American health care;

(5) three members who are members of a non-

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New Mexico tribe and have a background in providing or

advocating for off-reservation Native American health care;

and

(6) one member of the Bernalillo county

community health council.

C. Upon approval by the board of county

commissioners, the commission shall meet at least four times a

year, elect its own chair for a term not to exceed three years

and be paid as provided in the Per Diem and Mileage Act.

Section 4. GOALS.--The goals of the commission may

include:

A. within two years of being named, creation of an

initial off-reservation Native American health care plan that

includes:

(1) an estimate of the number and tribal

affiliation of Native Americans living in the off-reservation

urban area;

(2) an inventory of sources of non-emergency

health care for off-reservation Native Americans, identifying

federal, state and local public resources, tribal facilities

and program duplications;

(3) a cross-jurisdictional budget analysis

compiled from the most current annual figures reported by

state and county facilities demonstrating the amount of health

care funding for off-reservation Native Americans available to

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the existing non-emergency facilities;

(4) recommendations to eliminate

duplications of services, improve access, initiate new

services and consolidate non-emergency health care budgets for

off-reservation Native Americans; and

(5) a comprehensive set of recommendations

for redesigning the system of non-emergency health care

available to off-reservation Native Americans;

B. within three years of being named, presentation

of a plan for permanent restructuring of state and local

budgets and services for off-reservation Native American

health care to the legislature along with proposed legislation

for that restructuring that addresses:

(1) financing for persons not eligible for

medicaid;

(2) estimated costs or savings to the state

from off-reservation Native Americans receiving medicaid;

(3) ways to enhance use of preventive care;

(4) nonresidential substance abuse

treatment;

(5) residential treatment for substance

abuse withdrawal;

(6) coordination of health care facilities

with transportation services; and

(7) domestic violence and suicide prevention

programs; and

C. a set of recommendations to the secretary on

projects and programs that fall within the parameters of the

initial off-reservation Native American health care plan and

the permanent restructuring plans as funding becomes

available.

Section 5. OFF-RESERVATION NATIVE AMERICAN HEALTH CARE

PLAN IMPLEMENTATION.--

A. The secretary may contract for services as

recommended by the commission, unless the secretary enters an

objection with the commission, detailing reasons why

recommended services are not in keeping with the initial off-

reservation Native American health care plan or the permanent

restructuring plan.

B. Nothing in the Bernalillo County Off-

Reservation Native American Health Commission Act shall

prohibit the department from contracting for categories of

off-reservation Native American health care services prior to

its effective date or for services it deems essential for

public health.

Section 6. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2008.

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