SENATE BILL 670

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Sue Wilson Beffort

AN ACT

RELATING TO HEALTH; REQUIRING THE SECRETARY OF CORRECTIONS TO ESTABLISH A CORRECTIONS HEALTH CARE TASK FORCE TO STUDY WAYS TO OPTIMIZE QUALITY AND EFFICIENCY IN THE STATE'S CORRECTIONAL HEALTH CARE SYSTEM.

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

     SECTION 1. [NEW MATERIAL] CORRECTIONS HEALTH CARE TASK FORCE--DUTIES--MEMBERSHIP--REPORTING.--

          A. The secretary of corrections shall convene a "corrections health care task force" to undertake a study of health care quality and cost at the corrections department. The task force shall examine:

                (1) relating to health care outcome measures:

                     (a) an identification of the outcome measures that the department uses to determine quality of care;

                     (b) the health care outcomes that the department has tracked for the past five years, both generally and in terms of specific medical conditions, including hepatitis C and human immunodeficiency virus;

                     (c) the actions that the department has taken to ensure that health care services are evidence-based services, as well as any other measure the department has implemented since fiscal year 2011 to ameliorate health care outcomes;

                     (d) a gap analysis to identify the needs that exist among the department patient population and an identification of the resources necessary to meet those needs, by the following health care service categories: 1) physical health; 2) behavioral health, including mental health and substance use disorders; 3) long-term care, including chronic conditions; and 4) prescription drugs and devices; and

                     (e) an analysis of the effect that health care delivery within the department system has upon the general public's health, safety and well-being;

                (2) the cost of health care services that the corrections department receives from all sources, including any physical health, behavioral health, pharmacy and long-term services reimbursed through a managed-care contract and those for which the department makes direct reimbursement on a fee-for-service basis. For the purpose of this study, the department shall disclose to the task force reimbursement rates for:

                     (a) each health care service or product for which it makes reimbursement on a fee-for-service basis; and

                     (b) the capitated rate for which health care services are reimbursed pursuant to a managed-care contract;

                (3) the measures the department would be required to take to achieve accreditation by a national corrections health care accrediting body;

                (4) the possibilities that exist for the corrections department to maximize prescription drug discounts under Section 340B of the federal Public Health Service Act, either for all prescription drugs for which the department makes reimbursement or for specific categories of prescription drugs or medical conditions, such as to treat hepatitis C, human immunodeficiency virus or acquired immunodeficiency syndrome;

                (5) measures that the department and its vendors and contractors have taken to maximize efficiency relating to health care claim reimbursement and a gap analysis to identify the barriers to maximizing efficiency in claim reimbursement and the resources necessary to maximize claim reimbursement efficiency;

                (6) opportunities for third-party reimbursement for corrections department health care costs, including reimbursement through federal and state medical assistance programs;

                (7) the opportunities for decreasing recidivism through the effective delivery of health care services to prisoners; and

                (8) the corrections department's implementation of COMPAS or another risk and needs assessment mechanism relating to health care services.

          B. The corrections health care task force shall include:

                (1) the secretary of corrections;

                (2) the health services administrator of the corrections department; and

                (3) representatives from:

                     (a) the department of health;                             (b) the human services department;

                     (c) legislative finance committee staff;

                     (d) the office of the state auditor;

                     (e) the university of New Mexico health sciences center, including one representative from the project ECHO telehealth program;

                     (f) any managed-care entity that provides health care services to the corrections department;

                     (g) New Mexico health care professional organizations;

                     (h) the New Mexico sentencing commission;

                     (i) a national corrections health care accrediting body; and

                     (j) an advocacy organization for incarcerated individuals.

          C. The corrections health care task force shall meet until November 2016. By December 1, 2015 and again by December 1, 2016, the task force shall issue a written report and, upon request, make an oral presentation of the report on the matters identified in Subsection A of this section to the governor; the courts, corrections and justice committee; the legislative health and human services committee; and the legislative finance committee.

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