HOUSE BILL 8

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

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO HEALTH CARE; AMENDING THE INDIGENT HOSPITAL AND COUNTY HEALTH CARE ACT; REQUIRING COUNTIES TO REIMBURSE THE UNIVERSITY OF NEW MEXICO HOSPITALS FOR UNCOMPENSATED INDIGENT CARE PROVIDED TO RESIDENTS OF THOSE COUNTIES.

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

     Section 1. A new section of the Indigent Hospital and County Health Care Act is enacted to read:

     "[NEW MATERIAL] COUNTY REIMBURSEMENT REQUIREMENTS.--Each county shall reimburse the university of New Mexico hospitals for costs not otherwise compensated that are incurred by the university of New Mexico hospitals for ambulance service, hospital care or the provision of health care provided by the university of New Mexico hospitals to indigent patients domiciled in that county for at least three months."

     Section 2. Section 27-5-7.1 NMSA 1978 (being Laws 1993, Chapter 321, Section 16, as amended) is amended to read:

     "27-5-7.1. COUNTY INDIGENT HOSPITAL CLAIMS FUND--AUTHORIZED USES OF THE FUND.--

          A. The fund shall be used to reimburse the university of New Mexico hospitals for costs not otherwise compensated that are incurred by the university of New Mexico hospitals for ambulance service, hospital care or the provision of health care provided by the university of New Mexico hospitals to indigent patients domiciled in that county for at least three months.

          [A.] B. The balance of the fund remaining after all payments are made pursuant to Subsection A of this section shall be used:

                (1) to meet the county's contribution for support of sole community provider payments as calculated by the department for that county;

                (2) to pay for expenses of burial or cremation of an indigent person; and

                (3) to pay all claims that have been approved by the board that are not matched with federal funds under the state medicaid program.

          [B.] C. The balance of the fund remaining after all payments are made pursuant to Subsection A of this section may be used to meet the county's obligation under Section 27-10-4 NMSA 1978."

     Section 3. Section 27-5-13 NMSA 1978 (being Laws 1965, Chapter 234, Section 14, as amended) is amended to read:

     "27-5-13. CLAIM SHALL NOT EXPIRE BECAUSE OF LACK OF FUNDS--PRIORITY OF CLAIMS.--A claim made to the board for payment for the care of an indigent patient shall not expire or become invalid because of the lack of money in the fund during any fiscal year but shall be carried over into the ensuing fiscal year and, notwithstanding the provisions of any other law, shall be paid in the ensuing year. Whenever the balance of the fund is inadequate to pay all qualified claims as they become due, the claims of university of New Mexico hospitals shall have first priority of payment, and in-state hospitals providing acute medical care shall have second priority for payment over all other claims regardless of the dates the other claims were submitted. The board shall, however, on a regular basis, estimate future demands upon the fund, based on past experience, and set aside sufficient funds to [assure] ensure payment for in-state hospitals providing acute medical care and shall then address, on a regular basis, the claims from other hospitals or ambulance services."

     Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2009.

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