0001| HOUSE BILL 364
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| J. PAUL TAYLOR
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0005|
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0006|
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0007| FOR THE HEALTH CARE REFORM COMMITTEE
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0008| AND THE HEALTH AND HUMAN SERVICES COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO STATE REGULATIONS; PROVIDING FOR PUBLIC HEARINGS ON
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0012| PROPOSED HEALTH AND HUMAN SERVICE RELATED REGULATIONS IN EACH
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0013| OF THE GEOGRAPHIC QUADRANTS OF THE STATE.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 9-7-6 NMSA 1978 (being Laws 1977,
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0017| Chapter 253, Section 7, as amended) is amended to read:
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0018| "9-7-6. SECRETARY--DUTIES AND GENERAL POWERS.--
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0019| A. The secretary is responsible to the governor for
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0020| the operation of the department. It is his duty to manage all
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0021| operations of the department and to administer and enforce the
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0022| laws with which he or the department is charged.
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0023| B. To perform his duties, the secretary has every
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0024| power expressly enumerated in the laws, whether granted to the
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0025| secretary or the department or any division of the department,
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0001| except where authority conferred upon any division is
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0002| explicitly exempted from the secretary's authority by statute.
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0003| In accordance with these provisions, the secretary shall:
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0004| (1) except as otherwise provided in the
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0005| Department of Health Act, exercise general supervisory and
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0006| appointing authority over all department employees, subject to
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0007| any applicable personnel laws and regulations;
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0008| (2) delegate authority to subordinates as he
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0009| deems necessary and appropriate, clearly delineating such
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0010| delegated authority and the limitations thereto;
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0011| (3) organize the department into those
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0012| organizational units he deems will enable it to function most
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0013| efficiently, subject to any provisions of law requiring or
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0014| establishing specific organizational units;
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0015| (4) within the limitations of available
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0016| appropriations and applicable laws, employ and fix the
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0017| compensation of those persons necessary to discharge his
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0018| duties;
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0019| (5) take administrative action by issuing
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0020| orders and instructions, not inconsistent with the law, to
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0021| assure implementation of and compliance with the provisions of
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0022| law for which administration or execution he is responsible and
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0023| to enforce those orders and instructions by appropriate
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0024| administrative action [or actions] in the courts;
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0025| (6) conduct research and studies that will
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0001| improve the operations of the department and the provision of
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0002| services to the citizens of the state;
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0003| (7) provide courses of instruction and
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0004| practical training for employees of the department and other
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0005| persons involved in the administration of programs with the
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0006| objective of improving the operations and efficiency of
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0007| administration;
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0008| (8) prepare an annual budget of the
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0009| department;
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0010| (9) appoint, with the governor's consent, a
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0011| "director" for each division. These appointed positions are
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0012| exempt from the provisions of the Personnel Act. Persons
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0013| appointed to these positions shall serve at the pleasure of the
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0014| secretary;
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0015| (10) give bond in the penal sum of twenty-five
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0016| thousand dollars ($25,000) and require directors to each give
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0017| bond in the penal sum of ten thousand dollars ($10,000)
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0018| conditioned upon the faithful performance of duties, as
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0019| provided in the Surety Bond Act. The department shall pay the
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0020| costs of those bonds; and
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0021| (11) require performance bonds of such
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0022| department employees and officers as he deems necessary, as
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0023| provided in the Surety Bond Act. The department shall pay the
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0024| costs of those bonds.
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0025| C. The secretary may apply for and receive, with
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0001| the governor's approval, in the name of the department any
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0002| public or private funds, including but not limited to United
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0003| States government funds, available to the department to carry
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0004| out its programs, duties or services.
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0005| D. The secretary shall be responsible for providing
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0006| appropriate educational programs for all school age persons, as
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0007| defined in Section 22-1-2 NMSA 1978, who are clients, as
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0008| defined in Section 43-1-3 NMSA 1978, of institutions under his
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0009| authority as follows:
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0010| (1) he shall arrange with school districts for
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0011| the enrollment of all school age residents of institutions
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0012| under his authority who have been evaluated and recommended for
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0013| placement in a public school according to the provisions of the
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0014| Department of Health Education Act. He shall notify the
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0015| superintendent of public instruction prior to public school
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0016| enrollment of any school age resident under his authority; and
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0017| (2) he shall provide educational programs, in
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0018| accordance with the special education regulations of the state
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0019| board of education, for school age persons who are clients of
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0020| institutions under his authority but who are enrolled in a
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0021| public school by:
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0022| (a) using the facilities and personnel
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0023| of the department;
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0024| (b) contracting with a school district
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0025| for the provision of educational services; or
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0001| (c) using a combination of Subparagraphs
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0002| (a) and (b) of this [subsection] paragraph.
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0003| E. The secretary may make and adopt such reasonable
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0004| and procedural rules and regulations as may be necessary to
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0005| carry out the duties of the department and its divisions. No
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0006| rule or regulation promulgated by the director of any division
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0007| in carrying out the functions and duties of the division shall
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0008| be effective until approved by the secretary unless otherwise
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0009| provided by statute. Unless otherwise provided by statute, no
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0010| regulation affecting any person or agency outside the
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0011| department shall be adopted, amended or repealed without [a]
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0012| public [hearing] hearings on the proposed action before the
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0013| secretary or a hearing officer designated by him. The public
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0014| [hearing] hearings shall be held in [Santa Fe unless
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otherwise permitted by statute] at least one location in each
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0016| geographic quadrant of the state affected by the rule or
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0017| regulation. Notice of the subject matter of the regulation,
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0018| the action proposed to be taken, the time and place of the
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0019| hearing, the manner in which interested persons may present
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0020| their views and the method by which copies of the proposed
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0021| regulation, proposed amendment or repeal of an existing
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0022| regulation may be obtained shall be published once at least
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0023| thirty days prior to the hearing date in a newspaper of general
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0024| circulation in the affected quadrant and mailed at least
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0025| thirty days prior to the hearing date to all persons who have
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0001| made a written request for advance notice of hearing. All
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0002| rules and regulations shall be filed in accordance with the
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0003| State Rules Act."
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0004| Section 2. Section 9-8-6 NMSA 1978 (being Laws 1977,
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0005| Chapter 252, Section 7, as amended) is amended to read:
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0006| "9-8-6. SECRETARY--DUTIES AND GENERAL POWERS.--
|
0007| A. The secretary is responsible to the governor for
|
0008| the operation of the department. It is his duty to manage all
|
0009| operations of the department and to administer and enforce the
|
0010| laws with which he or the department is charged.
|
0011| B. To perform his duties, the secretary has every
|
0012| power expressly enumerated in the laws, whether granted to the
|
0013| secretary or the department or any division of the department,
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0014| except where authority conferred upon any division is
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0015| explicitly exempted from the secretary's authority by statute.
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0016| In accordance with these provisions, the secretary shall:
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0017| (1) except as otherwise provided in the Human
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0018| Services Department Act, exercise general supervisory and
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0019| appointing authority over all department employees, subject to
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0020| any applicable personnel laws and regulations;
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0021| (2) delegate authority to subordinates as he
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0022| deems necessary and appropriate, clearly delineating such
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0023| delegated authority and the limitations thereto;
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0024| (3) organize the department into those
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0025| organizational units he deems will enable it to function most
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0001| efficiently, subject to any provisions of law requiring or
|
0002| establishing specific organizational units;
|
0003| (4) within the limitations of available
|
0004| appropriations and applicable laws, employ and fix the
|
0005| compensation of those persons necessary to discharge his
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0006| duties;
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0007| (5) take administrative action by issuing
|
0008| orders and instructions, not inconsistent with the law, to
|
0009| assure implementation of and compliance with the provisions of
|
0010| law for whose administration or execution he is responsible and
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0011| to enforce those orders and instructions by appropriate
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0012| administrative action in the courts;
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0013| (6) conduct research and studies that will
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0014| improve the operations of the department and the provision of
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0015| services to the citizens of the state;
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0016| (7) provide courses of instruction and
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0017| practical training for employees of the department and other
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0018| persons involved in the administration of programs with the
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0019| objective of improving the operations and efficiency of
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0020| administration;
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0021| (8) prepare an annual budget of the
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0022| department;
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0023| (9) provide cooperation, at the request of
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0024| heads of administratively attached agencies, in order to:
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0025| (a) minimize or eliminate duplication of
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0001| services and jurisdictional conflicts;
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0002| (b) coordinate activities and resolve
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0003| problems of mutual concern; and
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0004| (c) resolve by agreement the manner and
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0005| extent to which the department shall provide budgeting,
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0006| recordkeeping and related clerical assistance to
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0007| administratively attached agencies;
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0008| (10) appoint, with the governor's consent, a
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0009| "director" for each division. These appointed positions are
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0010| exempt from the provisions of the Personnel Act. Persons
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0011| appointed to these positions shall serve at the pleasure of the
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0012| secretary, except as provided in Section 9-8-9 NMSA 1978;
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0013| (11) give bond in the penal sum of twenty-five
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0014| thousand dollars ($25,000) and require directors to each give
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0015| bond in the penal sum of ten thousand dollars ($10,000)
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0016| conditioned upon the faithful performance of duties as provided
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0017| in the Surety Bond Act. The department shall pay the costs of
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0018| these bonds; and
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0019| (12) require performance bonds of such
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0020| department employees and officers as he deems necessary as
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0021| provided in the Surety Bond Act. The department shall pay the
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0022| costs of these bonds.
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0023| C. The secretary may apply for and receive, with
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0024| the governor's approval, in the name of the department, any
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0025| public or private funds, including but not limited to United
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0001| States government funds, available to the department to carry
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0002| out its programs, duties or services.
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0003| D. Where functions of departments overlap or a
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0004| function assigned to one department could better be performed
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0005| by another department, the secretary may recommend appropriate
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0006| legislation to the next session of the legislature for its
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0007| approval.
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0008| E. The secretary may make and adopt such reasonable
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0009| and procedural rules and regulations as may be necessary to
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0010| carry out the duties of the department and its divisions. No
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0011| rule or regulation promulgated by the director of any division
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0012| in carrying out the functions and duties of the division shall
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0013| be effective until approved by the secretary unless otherwise
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0014| provided by statute. Unless otherwise provided by statute, no
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0015| regulation affecting any person or agency outside the
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0016| department shall be adopted, amended or repealed without [a]
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0017| public [hearing] hearings on the proposed action before the
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0018| secretary or a hearing officer designated by him. The public
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0019| [hearing] hearings shall be held in [Santa Fe unless
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otherwise permitted by statute] at least one location in each
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0021| geographic quadrant of the state affected by the rule or
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0022| regulation. Notice of the subject matter of the regulation,
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0023| the action proposed to be taken, the time and place of the
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0024| hearing, the manner in which interested persons may present
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0025| their views and the method by which copies of the proposed
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0001| regulation, proposed amendment or repeal of an existing
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0002| regulation may be obtained shall be published once at least
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0003| thirty days prior to the hearing date in a newspaper of general
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0004| circulation in the affected quadrant and mailed at least
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0005| thirty days prior to the hearing date to all persons who have
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0006| made a written request for advance notice of hearing.
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0007| F. In the event the secretary anticipates that
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0008| adoption, amendment or repeal of a rule or regulation will be
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0009| required by a cancellation, reduction or suspension of federal
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0010| funds or order by a court of competent jurisdiction:
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0011| (1) if the secretary is notified by
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0012| appropriate federal authorities at least sixty days prior to
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0013| the effective date of such cancellation, reduction or
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0014| termination of federal funds, the department is required to
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0015| promulgate regulations through the public hearing process to be
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0016| effective on the date mandated by the appropriate federal
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0017| authority; or
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0018| (2) if the secretary is notified by
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0019| appropriate federal authorities or court less than sixty days
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0020| prior to the effective date of such cancellation, reduction or
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0021| suspension of federal funds or court order, the department is
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0022| authorized without a public hearing to promulgate interim rules
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0023| or regulations effective for a period not to exceed ninety
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0024| days. [Such] Interim regulations shall not be promulgated
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0025| without first providing a written notice twenty days in advance
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0001| to providers of medical services and beneficiaries of
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0002| department programs. At the time of the promulgation of the
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0003| interim rules or regulations, the department shall give notice
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0004| of the public hearing on the final rules or regulations in
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0005| accordance with Subsection E of this section.
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0006| G. If the secretary certifies to the secretary of
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0007| finance and administration and gives contemporaneous notice of
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0008| such certification through the human services register that the
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0009| department has insufficient state funds to operate any of the
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0010| programs it administers and that reductions in services or
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0011| benefit levels are necessary, the secretary may engage in
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0012| interim rulemaking. Notwithstanding any provision to the
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0013| contrary in the State Rules Act, interim rulemaking shall be
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0014| conducted pursuant to Subsection E of this section, except:
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0015| (1) the period of notice of public hearing
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0016| shall be fifteen days;
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0017| (2) the department shall also send individual
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0018| notices of the interim rulemaking and of the public hearing to
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0019| affected providers and beneficiaries;
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0020| (3) rules and regulations promulgated
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0021| [under] pursuant to the provisions of this subsection shall
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0022| be in effect not less than five days after the public hearing;
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0023| (4) rules and regulations promulgated
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0024| [under] pursuant to the provisions of this subsection shall
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0025| not be in effect for more than ninety days; and
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0001| (5) if final rules and regulations are
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0002| necessary to replace the interim rules and regulations, the
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0003| department shall give notice of intent to promulgate final
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0004| rules and regulations at the time of notice herein. The final
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0005| rules and regulations shall be promulgated not more than forty-
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0006| five days after the public hearing and filed in accordance
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0007| with the State Rules Act.
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0008| H. At the time of the promulgation of the interim
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0009| rules or regulations, the department shall give notice of the
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0010| public hearing on the final rules or regulations in accordance
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0011| with Subsection E of this section.
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0012| [H.] I. All rules and regulations shall be
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0013| filed in accordance with the State Rules Act."
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0014| Section 3. EFFECTIVE DATE.--The effective date of the
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0015| provisions of this act is July 1, 1997.
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0012| State of New Mexico
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0013| House of Representatives
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0014|
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0015| FORTY-THIRD LEGISLATURE
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| February 12, 1997
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0020|
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0021|
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0022| Mr. Speaker:
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0023|
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0024| Your JUDICIARY COMMITTEE, to whom has been referred
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0025|
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0001| HOUSE BILL 364
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS, and thence referred to the
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0005| APPROPRIATIONS AND FINANCE COMMITTEE.
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0006|
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0007| Respectfully submitted,
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0008|
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0009|
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0010|
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0011|
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0012|
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0013| Thomas P. Foy, Chairman
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0014|
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0015|
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0016| Adopted Not Adopted
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0017|
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0018| (Chief Clerk) (Chief Clerk)
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0019|
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0020| Date
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0021|
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0022| The roll call vote was 9 For 0 Against
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0023| Yes: 9
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0024| Excused: Luna, Pederson, Rios, Sanchez
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0025| Absent: None
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0001|
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0002|
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0003| G:\BILLTEXT\BILLW_97\H0364 State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010| February 25, 1997
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0016| whom has been referred
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0017|
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0018| HOUSE BILL 364
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003|
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0004| Max Coll, Chairman
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0005|
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0006|
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0007| Adopted Not Adopted
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0008|
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011| Date
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0012|
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0013| The roll call vote was 13 For 0 Against
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0014| Yes: 13
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0015| Excused: Heaton, Marquardt, Townsend, State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-THIRD LEGISLATURE
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0019| FIRST SESSION, 1997
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0020|
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0021|
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0022|
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your Varela
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0003| Absent: None
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0004|
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0005|
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0006| G:\BILLTEXT\BILLW_97\H0364
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0007|
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0008| FORTY-THIRD LEGISLATURE
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0009| FIRST SESSION, 1997
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0010|
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0011|
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0012| March 14, 1997
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0013|
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0014| Mr. President:
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0015|
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0016| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0017| referred
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0018|
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0019| HOUSE BILL 364
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS.
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0023|
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0024| Respectfully submitted,
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0025|
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0001|
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0002|
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0003|
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0004| __________________________________
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0005| Shannon Robinson, Chairman
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0006|
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0007|
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0008|
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0009| Adopted_______________________ Not
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0010| Adopted_______________________
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013|
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0014|
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0015| Date ________________________
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0016|
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0017|
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0018| The roll call vote was 6 For 0 Against
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0019| Yes: 6
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0020| No: 0
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0021| Excused: Smith, Garcia, Adair
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0022| Absent: None
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0023|
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0024|
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0025| H0364PA1
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