HOUSE BILL 257
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Harry Garcia and Eliseo Lee Alcon and Joanne J. Ferrary and Rodolpho "Rudy" S. Martinez and D. Wonda Johnson
AN ACT
RELATING TO HEALTH; AMENDING SECTIONS OF THE INDIGENT HOSPITAL AND COUNTY HEALTH CARE ACT TO ALLOW COUNTY HEALTH CARE ASSISTANCE FUNDS TO BE USED FOR MEDICAL TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 27-5-4 NMSA 1978 (being Laws 1965, Chapter 234, Section 4, as amended) is amended to read:
"27-5-4. DEFINITIONS.--As used in the Indigent Hospital and County Health Care Act:
A. "ambulance provider" or "ambulance service" means a specialized carrier based within the state authorized under provisions and subject to limitations as provided in individual carrier certificates issued by the public regulation commission to transport persons alive, dead or dying en route by means of ambulance service. The rates and charges established by public regulation commission tariff shall govern as to allowable cost. Also included are air ambulance services approved by the county. The air ambulance service charges shall be filed and approved pursuant to Subsection D of Section 27-5-6 NMSA 1978 and Section 27-5-11 NMSA 1978;
B. "cost" means all allowable costs of providing health care services, to the extent determined by resolution of a county, for an indigent patient. Allowable costs shall be based on medicaid fee-for-service reimbursement rates for hospitals, licensed medical doctors and osteopathic physicians;
C. "county" means a county except a class A county with a county hospital operated and maintained pursuant to a lease or operating agreement with a state educational institution named in Article 12, Section 11 of the constitution of New Mexico;
D. "department" means the human services department;
E. "fund" means a county health care assistance fund;
F. "health care services" means treatment and services designed to promote improved health in the county indigent population, including primary care, prenatal care, dental care, behavioral health care, alcohol or drug detoxification and rehabilitation, hospital care, provision of prescription drugs, preventive care or health outreach services, to the extent determined by resolution of the county;
G. "indigent patient" means a person to whom a county, an ambulance service, a hospital or a health care provider has provided medical care, ambulance transportation, medical transportation or health care services and who can normally support the person's self and the person's dependents on present income and liquid assets available to the person but, taking into consideration the person's income, assets and requirements for other necessities of life for the person and the person's dependents, is unable to pay the cost of the ambulance transportation, medical transportation or medical care administered [or both]; provided that if a definition of "indigent patient" is adopted by a county in a resolution, the definition shall not include any person whose annual income together with that person's spouse's annual income totals an amount that is fifty percent greater than the per capita personal income for New Mexico as shown for the most recent year available in the survey of current business published by the United States department of commerce. "Indigent patient" includes a minor who has received ambulance transportation, medical transportation or medical care [or both] and whose parent or the person having custody of that minor would qualify as an indigent patient if transported by ambulance, received medical transportation, admitted to a hospital for care or treated by a health care provider;
H. "medicaid eligible" means a person who is eligible for medical assistance from the department;
I. "medical transportation" means the transport of a person for the purposes of obtaining health care services under circumstances when ambulance transportation is not indicated; provided that "medical transportation" includes transportation by a peace officer or another person whom a county employs or with whom a county contracts to provide medical transportation;
[I.] J. "planning" means the development of a countywide or multicounty health plan to improve and fund health services in the county based on the county's needs assessment and inventory of existing services and resources and that demonstrates coordination between the county and state and local health planning efforts;
[J.] K. "public entity" means a state, local or tribal government or other political subdivision or agency of that government; and
[K.] L. "qualifying hospital" means an acute care general hospital licensed by the department of health that is qualified to receive payments from the safety net care pool pursuant to an agreement with the federal centers for medicare and medicaid services."
SECTION 2. Section 27-5-6 NMSA 1978 (being Laws 1965, Chapter 234, Section 6, as amended) is amended to read:
"27-5-6. POWERS AND DUTIES OF COUNTIES RELATING TO INDIGENT CARE.--A county:
A. may budget for expenditure on ambulance services, medical transportation, burial expenses, hospital or medical expenses for indigent residents of that county and for costs of development of a countywide or multicounty health plan. The combined costs of administration and planning shall not exceed the following percentages of revenues based on the previous fiscal year revenues for a fund that has existed for at least one fiscal year or based on projected revenues for the year being budgeted for a fund that has existed for less than one fiscal year. The percentage of the revenues in the fund that may be used for such combined administrative and planning costs is equal to the sum of the following:
(1) ten percent of the amount of the revenues in the fund not over five hundred thousand dollars ($500,000);
(2) eight percent of the amount of the revenues in the fund over five hundred thousand dollars ($500,000) but not over one million dollars ($1,000,000); and
(3) four and one-half percent of the amount of the revenues in the fund over one million dollars ($1,000,000);
B. may accept contributions of public funds for county health care services, which shall be deposited in the fund;
C. may hire personnel to carry out the provisions of the Indigent Hospital and County Health Care Act;
D. shall transfer to the state by the last day of March, June, September and December of each year an amount equal to one-fourth of the county's payment pursuant to Section [16 of this 2014 act] 27-5-6.2 NMSA 1978. This money shall be deposited in the safety net care pool fund;
E. shall, in carrying out the provisions of the Indigent Hospital and County Health Care Act, comply with the standards of the federal Health Insurance Portability and Accountability Act of 1996;
F. may provide for the transfer of money from the fund to the county-supported medicaid fund to meet the requirements of the Statewide Health Care Act; and
G. may contract with ambulance providers, medical transportation providers, hospitals or health care providers for the provision of services for indigent patients domiciled within the county."
SECTION 3. 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 HEALTH CARE ASSISTANCE FUND--AUTHORIZED USES OF THE FUND.--
A. The fund may be used to pay for:
(1) expenses of burial or cremation of an indigent person;
(2) ambulance transportation, medical transportation, hospital care and health care services for indigent patients; or
[(5)] (3) county administrative expenses associated with fund expenditures authorized in Paragraphs (1) and (2) of this subsection.
B. The fund may be used to meet a county's obligation under Section 27-10-4 NMSA 1978."
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