0001| SENATE BILL 189 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| TIMOTHY Z. JENNINGS | 0005| | 0006| | 0007| | 0008| FOR THE HEALTH CARE REFORM COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO HEALTH CARE PROVIDERS; ENACTING THE PROVIDER | 0012| SERVICE NETWORK ACT; CLARIFYING THE REQUIREMENT FOR A | 0013| CERTIFICATE OF AUTHORITY UNDER THE NEW MEXICO INSURANCE CODE. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0017| through 3 of this act may be cited as the "Provider Service | 0018| Network Act". | 0019| Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the | 0020| Provider Service Network Act: | 0021| A. "health care facility" means an institution | 0022| providing health care services, including a hospital or other | 0023| licensed inpatient center, an ambulatory surgical or treatment | 0024| center, a skilled nursing center, a residential treatment | 0025| center, a home health agency, a diagnostic, laboratory or | 0001| imaging center and a rehabilitation or other therapeutic health | 0002| setting; | 0003| B. "health care insurer" means a person that has a | 0004| valid certificate of authority in good standing under the New | 0005| Mexico Insurance Code to act as an insurer, health maintenance | 0006| organization, nonprofit health care plan or prepaid dental | 0007| plan; C. "health care professional" means a physician | 0008| or other health care practitioner, including a pharmacist, who | 0009| is licensed, certified or otherwise authorized by the state to | 0010| provide health care services consistent with state law; | 0011| D. "health care services" includes physical health | 0012| services or community-based mental health or developmental | 0013| disability services, including services for developmental | 0014| delay; | 0015| E. "person" means an individual or other legal | 0016| entity; F. "provider" means a person that is licensed or | 0017| otherwise authorized by the state to furnish health care | 0018| services, including health care professionals and health care | 0019| facilities; and | 0020| G. "provider service network" means two or more | 0021| providers affiliated for the purpose of providing health care | 0022| services on a capitated or similar prepaid, flat-fee basis. | 0023| Section 3. [NEW MATERIAL] PROVIDER SERVICE NETWORKS-- | 0024| INSURANCE CODE APPLICABILITY.-- | 0025| A. Except as provided otherwise in this section, a | 0001| provider service network shall obtain and maintain a | 0002| certificate of authority under the New Mexico Insurance Code. | 0003| B. A provider service network is not required to | 0004| obtain or maintain a certificate of authority in connection | 0005| with health care coverage for which the risk of loss is | 0006| directly and fully underwritten by a health care insurer, | 0007| subject to any applicable deductible, coinsurance or copayment | 0008| provisions. | 0009| C. A provider service network that obtains and | 0010| maintains a certificate of authority as a health care insurer | 0011| may contract directly with government agencies to provide goods | 0012| and services to persons receiving public assistance, including | 0013| medicare and medicaid. | 0014| D. A provider service network that does not obtain or | 0015| maintain a certificate of authority as a health care insurer | 0016| may contract in appropriate circumstances directly with | 0017| government agencies to provide goods and services to persons | 0018| receiving public assistance, including medicare and medicaid. | 0019| The contract shall incorporate and be subject to specific | 0020| financial, quality-of-service and consumer-protection standards | 0021| that the contracting agency shall specify by regulation. | 0022| E. This section does not abrogate any other New | 0023| Mexico Insurance Code requirements that may be applicable to | 0024| provider service networks, including requirements relating to | 0025| third-party administrators and examinations. This section does | 0001| not bar or restrict the right of a provider service network to | 0002| obtain and maintain a certificate of authority. | 0003| Section 4. A new Section 59A-5-11.1 NMSA 1978 is enacted | 0004| to read: | 0005| "59A-5-11.1. [NEW MATERIAL] EXEMPTION FROM AUTHORITY | 0006| REQUIREMENT--PROVIDER SERVICE NETWORKS.--A certificate of | 0007| authority shall not be required of a provider service network, | 0008| except as provided in the Provider Service Network Act." | 0009|  | 0010| | 0011| FORTY-THIRD LEGISLATURE | 0012| FIRST SESSION, 1997 | 0013| | 0014| | 0015| February 28, 1997 | 0016| | 0017| Mr. President: | 0018| | 0019| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0020| referred | 0021| | 0022| SENATE BILL 189 | 0023| | 0024| has had it under consideration and reports same with | 0025| recommendation that it DO NOT PASS, but that | 0001| | 0002| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE | 0003| FOR SENATE BILL 189 | 0004| | 0005| DO PASS, and thence referred to the CORPORATIONS & | 0006| TRANSPORTATION COMMITTEE. | 0007| | 0008| Respectfully submitted, | 0009| | 0010| | 0011| | 0012| __________________________________ | 0013| Shannon Robinson, Chairman | 0014| | 0015| | 0016| Adopted_______________________ Not Adopted_______________________ | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| Date ________________________ | 0020| | 0021| | 0022| The roll call vote was 5 For 0 Against | 0023| Yes: 5 | 0024| No: 0 | 0025| Excused: Adair, Ingle, Vernon, Smith | 0001| Absent: None | 0002| | 0003| S0189PA1 SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0004| SENATE BILL 189 | 0005| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| AN ACT | 0014| RELATING TO HEALTH CARE PROVIDERS; ENACTING THE PROVIDER | 0015| SERVICE NETWORK ACT; CLARIFYING THE REQUIREMENT FOR A | 0016| CERTIFICATE OF AUTHORITY UNDER THE NEW MEXICO INSURANCE CODE; | 0017| PROVIDING FOR A GUARANTY ASSOCIATION. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0021| through 10 of this act may be cited as the "Provider Service | 0022| Network Act". | 0023| Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the | 0024| Provider Service Network Act: | 0025| A. "association" means the provider service network | 0001| guaranty association; | 0002| B. "board" means the provider service network | 0003| guaranty board;. | 0004| C. "health care facility" means an institution | 0005| providing health care services, including a hospital or other | 0006| licensed inpatient center, an ambulatory surgical or treatment | 0007| center, a skilled nursing center, a residential treatment | 0008| center, a home health agency, a diagnostic, laboratory or | 0009| imaging center and a rehabilitation or other therapeutic health | 0010| setting; | 0011| D. "health care insurer" means a person that has a | 0012| valid certificate of authority in good standing under the New | 0013| Mexico Insurance Code to act as an insurer, health maintenance | 0014| organization, nonprofit health care plan or prepaid dental | 0015| plan; E. "health care professional" means a physician | 0016| or other health care practitioner, including a pharmacist, who | 0017| is licensed, certified or otherwise authorized by the state to | 0018| provide health care services consistent with state law; | 0019| F. "health care services" includes physical health | 0020| services or community-based mental health or developmental | 0021| disability services, including services for developmental | 0022| delay; | 0023| G. "person" means an individual or other legal | 0024| entity; H. "provider" means a person that is licensed or | 0025| otherwise authorized by the state to furnish health care | 0001| services, including health care professionals and health care | 0002| facilities; and | 0003| I. "provider service network" means two or more | 0004| providers affiliated for the purpose of providing health care | 0005| services on a capitated or similar prepaid, flat-fee basis. | 0006| Section 3. [NEW MATERIAL] PROVIDER SERVICE NETWORKS-- | 0007| INSURANCE CODE APPLICABILITY.-- | 0008| A. Except as provided otherwise in this section, a | 0009| provider service network shall obtain and maintain a certificate | 0010| of authority under the New Mexico Insurance Code. | 0011| B. A provider service network is not required to obtain | 0012| or maintain a certificate of authority in connection with health | 0013| care coverage for which the risk of loss is directly and fully | 0014| underwritten by a health care insurer, subject to any applicable | 0015| deductible, coinsurance or copayment provisions. | 0016| C. A provider service network that obtains and maintains | 0017| a certificate of authority as a health care insurer may contract | 0018| directly with government agencies to provide goods and services to | 0019| persons receiving public assistance, including medicare and | 0020| medicaid. | 0021| D. A provider service network that does not obtain or | 0022| maintain a certificate of authority as a health care insurer may | 0023| contract in appropriate circumstances, including membership and | 0024| participation in the association, directly with government | 0025| agencies to provide goods and services to persons receiving public | 0001| assistance, including medicare and medicaid. The contract shall | 0002| incorporate and be subject to specific financial, quality-of- | 0003| service and consumer-protection standards that the contracting | 0004| agency shall specify by regulation. | 0005| E. This section does not abrogate any other New Mexico | 0006| Insurance Code requirements that may be applicable to provider | 0007| service networks, including requirements relating to third-party | 0008| administrators and examinations. This section does not bar or | 0009| restrict the right of a provider service network to obtain and | 0010| maintain a certificate of authority. | 0011| Section 4. [NEW MATERIAL] GUARANTY ASSOCIATION AND BOARD- | 0012| -CREATED--MEMBERSHIP.-- | 0013| A. The "provider service network guaranty association" | 0014| is created as an independent public nonprofit corporation. The | 0015| association's purpose is to guarantee health care services | 0016| obligations of its members in the event of financial insolvency, | 0017| bankruptcy or other inability or failure to perform based on | 0018| financial difficulties. All provider service networks contracting | 0019| to provide services to public assistance recipients pursuant to | 0020| Subsection D of Section 3 of the Provider Service Network Act | 0021| shall organize and be members of the association. The association | 0022| is not and shall not be deemed a governmental agency or | 0023| instrumentality for any purpose. | 0024| B. The "provider service network guaranty board" is | 0025| created. The board shall consist of the superintendent of | 0001| insurance or his designee, who shall be a nonvoting, ex-officio | 0002| member, and five voting members as follows: | 0003| (1) the secretary of human services or his | 0004| designee, who shall serve ex officio; | 0005| (2) two representatives of the provider service | 0006| network industry, who shall be appointed by majority vote of the | 0007| association's members; and | 0008| (3) two representatives of the health insurance | 0009| industry, who shall be appointed by majority vote of the | 0010| association's members. | 0011| C. The association shall operate subject to the board's | 0012| supervision and approval. The board is a state government entity | 0013| for purposes of the Tort Claims Act. | 0014| D. The secretary of human services shall notify the | 0015| superintendent of insurance and the association of each contract | 0016| signed pursuant to Subsection D of Section 3 of the Provider | 0017| Service Network Act. | 0018| E. The superintendent of insurance shall give notice at | 0019| least sixty days before the proposed effective date of the first | 0020| contract entered into pursuant to Subsection D of Section 3 of the | 0021| Provider Service Network Act, to each provider service network so | 0022| contracting, stating the time and place of the association's | 0023| initial organizational meeting. | 0024| F. At the organizational meeting and at all successive | 0025| meetings, each association member shall be entitled to one vote. | 0001| At the organizational meeting and any subsequent meeting at which | 0002| board members are to be appointed, the association members shall | 0003| elect the appointive board members by majority vote. At the | 0004| organizational meeting, the members shall instruct the board | 0005| concerning preparation of a proposed plan of operation for the | 0006| association. | 0007| G. Appointive board members shall have initial terms of | 0008| three years or less, staggered so that the term of at least one | 0009| such board member expires on June 30 of each year. Following the | 0010| initial terms, appointive board members shall have three-year | 0011| terms. When a vacancy occurs in the position of an appointive | 0012| board member, the remaining board members shall appoint a | 0013| successor who meets the required qualifications for that position | 0014| for the balance of the unexpired term. Board members may be | 0015| reimbursed by the association as provided in the Per Diem and | 0016| Mileage Act but shall receive no other compensation, perquisite or | 0017| allowance. | 0018| Section 5. [NEW MATERIAL] PLAN OF OPERATION.-- | 0019| A. The board shall submit to the superintendent of | 0020| insurance for approval a plan of operation and any subsequent | 0021| amendments necessary or suitable to assure proper and fair | 0022| operation of the association. | 0023| B. After notice and hearing, the superintendent of | 0024| insurance shall approve or disapprove the plan of operation or any | 0025| subsequent amendments. The superintendent shall approve the plan | 0001| or an amendment only if he finds that it provides for | 0002| administering the association on a fair, reasonable and equitable | 0003| basis and for sharing the association's losses on an equitable | 0004| basis. The plan of operation or amendment shall become effective | 0005| upon the superintendent's written approval. | 0006| C. If the board fails to submit a plan of operation | 0007| satisfactory to the superintendent of insurance within ninety days | 0008| after the initial board is appointed or fails in a timely manner | 0009| to submit any amendment the superintendent deems necessary at any | 0010| time thereafter, the superintendent shall adopt and promulgate | 0011| such plan of operation or amendment by rule. Any such rule shall | 0012| continue in force until the superintendent modifies it or approves | 0013| a plan of operation or an amendment submitted by the board that he | 0014| deems to supersede the rule. | 0015| D. The plan of operation submitted to the superintendent | 0016| of insurance shall: | 0017| (1) establish procedures for handling and | 0018| accounting of the association's money, other assets and property; | 0019| (2) provide for payment of claims or provision of | 0020| alternative health care services to public assistance recipients; | 0021| (3) establish regular times and places for board | 0022| meetings; | 0023| (4) establish procedures for records to be kept of | 0024| all financial transactions and for annual fiscal reporting to the | 0025| superintendent; | 0001| (5) establish procedures for the determination and | 0002| collection of assessments from members to pay claims or to provide | 0003| alternative health care services and administrative expenses | 0004| incurred or estimated to be incurred during the period for which | 0005| the assessment is made; | 0006| (6) establish penalties for nonpayment or late | 0007| payment of assessments; and | 0008| (7) contain any additional provisions necessary and | 0009| proper for the execution of the association's powers and duties. | 0010| Section 6. [NEW MATERIAL] BOARD--POWERS AND DUTIES.--The | 0011| board has the power and authority to: | 0012| A. enter into contracts necessary or proper to carry out | 0013| the provisions and purposes of the Provider Service Network Act, | 0014| including contracts with independent contractors for the | 0015| performance of the association's administrative functions; | 0016| B. sue or be sued; | 0017| C. determine and pay the association's obligations, | 0018| including its obligation to pay claims or to provide alternative | 0019| health care services to public assistance recipients on behalf of | 0020| an insolvent or financially troubled provider service network; | 0021| D. borrow money to satisfy the association's | 0022| obligations; | 0023| E. assess association members in accordance with the | 0024| provisions of the Provider Service Network Act and make initial | 0025| and interim assessments as may be reasonable and necessary for | 0001| organizational or interim operating expenses. Interim expense | 0002| assessments shall be credited as offsets against any regular | 0003| assessments due following the close of the calendar year; | 0004| F. recoup expenditures on behalf of an insolvent or | 0005| financially troubled provider service network from that provider | 0006| service network or any other available source, including a | 0007| governmental agency, and be subrogated to that provider service | 0008| network's rights to payment to the extent of such expenditures; | 0009| G. employ or contract with appropriate legal, actuarial, | 0010| clerical and other personnel as necessary to provide assistance in | 0011| the operation of the association; | 0012| H. conduct periodic audits to assure the general | 0013| accuracy of the financial data submitted to the association. The | 0014| board shall cause the association to undergo an annual audit on a | 0015| calendar-year basis of its financial records and operations by an | 0016| independent certified public accountant; and | 0017| I. take all other actions, whether like or unlike the | 0018| foregoing, necessary or appropriate to carry out the board's or | 0019| the association's duties. | 0020| Section 7. [NEW MATERIAL] EXAMINATION.-- | 0021| A. The association is subject to and responsible to pay | 0022| the cost of examination by the superintendent of insurance on a | 0023| periodic basis, pursuant to Chapter 59A, Article 4 NMSA 1978. | 0024| B. Not later than March 31 of each year, the board shall | 0025| submit to the superintendent an audited financial report for the | 0001| preceding calendar year in a form approved by the superintendent. | 0002| Section 8. [NEW MATERIAL] ASSESSMENTS.-- | 0003| A. Following the end of each calendar year, the | 0004| association shall determine the association's unpaid expenses for | 0005| that year and estimated expenses for the following year, taking | 0006| into account existing unencumbered money and assets, investment | 0007| income and other appropriate gains and losses. | 0008| B. The secretary of human services shall report to the | 0009| board annually by March 31 the amounts paid each member for | 0010| services to public assistance recipients during the previous | 0011| calendar year. | 0012| C. The proportion of participation of each member shall | 0013| be determined annually by the board based on the secretary of | 0014| human services' report, together with members' annual statements | 0015| and other reports deemed necessary by the board. | 0016| D. The assessment for each member shall be determined by | 0017| multiplying the total unpaid and estimated expenses by a fraction, | 0018| the numerator of which equals the member's income from services to | 0019| public assistance recipients pursuant to Subsection D of Section 3 | 0020| of the Provider Service Network Act for the preceding calendar | 0021| year and the denominator of which equals the total of all such | 0022| income for all members in the state. The total of all assessments | 0023| in any calendar year shall not exceed five percent of the total | 0024| income of all members during the preceding calendar year from | 0025| contracts pursuant to Subsection D of Section 3 of the Provider | 0001| Service Network Act. | 0002| E. The board shall notify each member of the amount of | 0003| each regular assessment by May 15 of each year. The member shall | 0004| pay the assessment by June 15 of each year. If interim | 0005| assessments are necessary, the board shall notify each member of | 0006| the amounts due, which shall be paid within thirty days after the | 0007| date the notice is mailed or otherwise delivered. | 0008| F. The board may abate or defer, in whole or in part, | 0009| the assessment of a member if, in the opinion of the board, | 0010| payment of the assessment would endanger the ability of the member | 0011| to fulfill its contractual obligations. In the event an | 0012| assessment against a member is abated or deferred in whole or in | 0013| part, the amount by which such assessment is abated or deferred | 0014| may be assessed against the other members in a manner consistent | 0015| with the basis for assessments set forth in Subsection A of this | 0016| section. The member receiving the abatement or deferment shall | 0017| remain liable to the association for the deficiency for four | 0018| years. | 0019| G. If assessments exceed actual expenses in any year, | 0020| the excess shall be held at interest and used by the board to | 0021| offset future expenses. Any deficit incurred shall be recouped by | 0022| assessments apportioned among the association's members pursuant | 0023| to the assessment formula provided by Subsection D of this | 0024| section. | 0025| H. If it appears that the maximum assessment available, | 0001| together with unencumbered money and other assets, will be | 0002| insufficient in any year to make all necessary payments, the | 0003| association's obligations shall be paid pro rata. The unpaid | 0004| portion shall be paid as soon as additional assessment proceeds or | 0005| other assets become available. Notwithstanding the foregoing, the | 0006| association may pay its obligations in any order it deems | 0007| reasonable. | 0008| Section 9. [NEW MATERIAL] INITIAL ADMINISTRATIVE | 0009| ASSESSMENT.--Following the superintendent of insurance's approval | 0010| or adoption by rule of a plan of operation, the board shall impose | 0011| an initial assessment of five thousand dollars ($5,000) on each | 0012| member for each independent affiliated health care provider. New | 0013| members shall also be subject to an initial assessment on the same | 0014| basis. Proceeds of the initial assessment shall not be considered | 0015| as income to offset expenses for purposes of determining future | 0016| assessments. Regular assessments to establish and to operate the | 0017| association shall first be made after the end of the first | 0018| calendar year of operation. | 0019| Section 10. [NEW MATERIAL] NOTIFICATION TO PAY CLAIMS OR | 0020| PROVIDE SERVICES.-- | 0021| A. The association shall be liable to pay claims or to | 0022| provide alternative health care services for insolvent or | 0023| financially troubled members who are not fulfilling obligations to | 0024| provide such services to public assistance recipients under | 0025| contracts pursuant to Subsection D of Section 3 of the Provider | 0001| Service Network Act. The association's obligation shall commence | 0002| on the date the secretary of human services gives the association | 0003| notice that a member is failing, because of insolvency or | 0004| financial difficulties, to provide some or all of such services. | 0005| B. Nothing the Provider Service Network Act shall be | 0006| deemed to authorize or obligate the association to pay or | 0007| otherwise assume any obligation of a provider service network | 0008| prior to the date of notification, or any obligation thereafter | 0009| other than the obligation to provide services to public assistance | 0010| recipients under a contract pursuant to Subsection D of Section 3 | 0011| of the Provider Service Network Act. In no event shall the | 0012| association be liable to the creditors of a provider service | 0013| network. | 0014| Section 11. A new Section 59A-5-11.1 NMSA 1978 is enacted to | 0015| read: | 0016| "59A-5-11.1. [NEW MATERIAL] EXEMPTION FROM AUTHORITY | 0017| REQUIREMENT--PROVIDER SERVICE NETWORKS.--A certificate of | 0018| authority shall not be required of a provider service network, | 0019| except as provided in the Provider Service Network Act." | 0020|  | 0021| | 0022| FORTY-THIRD LEGISLATURE | 0023| FIRST SESSION, 1997 | 0024| | 0025| | 0001| March 4, 1997 | 0002| | 0003| Mr. President: | 0004| | 0005| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to | 0006| whom has been referred | 0007| | 0008| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0009| SENATE BILL 189 | 0010| | 0011| has had it under consideration and reports same with recommendation | 0012| that it DO PASS. | 0013| | 0014| Respectfully submitted, | 0015| | 0016| | 0017| | 0018| __________________________________ | 0019| Roman M. Maes, III, Chairman | 0020| | 0021| | 0022| | 0023| Adopted_______________________ Not Adopted_______________________ | 0024| (Chief Clerk) (Chief Clerk) | 0025| | 0001| | 0002| | 0003| Date ________________________ | 0004| | 0005| | 0006| The roll call vote was 7 For 0 Against | 0007| Yes: 7 | 0008| No: 0 | 0009| Excused: Fidel, McKibben, Robinson | 0010| Absent: None | 0011| | 0012| | 0013| S0189CT1 | 0014| State of New Mexico | 0015| House of Representatives | 0016| | 0017| FORTY-THIRD LEGISLATURE | 0018| FIRST SESSION, 1997 | 0019| | 0020| | 0021| March 17, 1997 | 0022| | 0023| | 0024| Mr. Speaker: | 0025| | 0001| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to whom | 0002| has been referred | 0003| | 0004| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0005| SENATE BILL 189 | 0006| | 0007| has had it under consideration and reports same with | 0008| recommendation that it DO PASS, amended as follows: | 0009| | 0010| 1. On page 1, line 14, before the period insert "; MAKING AN | 0011| APPROPRIATION.". | 0012| | 0013| 2. On page 4, line 25, strike "who shall serve ex officio". | 0014| | 0015| 3. On page 9, line 10, strike "and". | 0016| | 0017| 4. On page 9, between lines 13 and 14, insert the following | 0018| new subsections to read: | 0019| | 0020| "J. reinsure any or all of the risk of the association; | 0021| and | 0022| | 0023| K. assess each original and new provider service network | 0024| an initial administrative fee of five thousand dollars ($5,000) | 0025| times the number of providers in the provider service network. If a | 0001| provider service network adds new members to increase the number of | 0002| providers, then that provider service network shall pay an | 0003| additional administrative fee of five thousand dollars ($5,000) for | 0004| each additional provider. An employee of a provider shall not be | 0005| used in computing the administrative fee due under this | 0006| subsection.". | 0007| | 0008| 5. On page 9, line 21, after "ASSESSMENTS" insert "--FUND | 0009| CREATED". | 0010| | 0011| 6. On page 9, strike lines 22 through 25, and on page 10, | 0012| strike line 1 and insert in lieu thereof: | 0013| | 0014| "A. The "provider service network guarantee fund" is | 0015| created in the state treasury. The fund shall be administered by | 0016| the board and money in the fund is appropriated to the board to | 0017| carry out the provisions of the Provider Service Network Act. Money | 0018| in the fund shall be invested by the state treasurer as other state | 0019| funds are invested; provided that interest on the fund shall be | 0020| credited to the fund. Any unexpended or unencumbered balance | 0021| remaining in the fund at the end of any fiscal year shall not | 0022| revert.". | 0023| | 0024| 7. On page 10, line 3, strike "annually by March 31" and | 0025| insert in lieu thereof "within thirty days of the close of each | 0001| calendar quarter". | 0002| | 0003| 8. On page 10, lines 4 and 5, strike "the previous calendar | 0004| year" and insert in lieu thereof "that calendar quarter". | 0005| | 0006| 9. On page 10, line 11, after "multiplying" strike the | 0007| remainder of the line and on line 12, strike "the numerator of which | 0008| equals". | 0009| | 0010| 10. On page 10, line 14, strike "year" and strike lines 15 | 0011| through 20 and insert in lieu thereof "quarter by a percentage set | 0012| by the board not to exceed five percent.". | 0013| | 0014| 11. On page 10, strike lines 21 through 25, and on page 11, | 0015| strike line 1 and insert a new subsection to read: | 0016| | 0017| "E. The board shall notify each member of the amount of | 0018| the assessment within forty-five days of the close of a calendar | 0019| quarter. The member shall pay the assessment within sixty days of | 0020| the close of a calendar quarter.". | 0021| | 0022| 12. On page 11, strike line 25 and on page 12, strike lines 1 | 0023| through 10. | 0024| | 0025| 13. Renumber the succeeding sections accordingly. | 0001| | 0002| | 0003| | 0004| | 0005| Respectfully submitted, | 0006| | 0007| | 0008| | 0009| | 0010| Gary King, Chairman | 0011| | 0012| | 0013| Adopted Not Adopted | 0014| (Chief Clerk) (Chief Clerk) | 0015| | 0016| Date | 0017| | 0018| The roll call vote was 7 For 0 Against | 0019| Yes: 7 | 0020| Excused: Johnson, Rios, Vigil | 0021| Absent: None | 0022| | 0023| | 0024| 118702.2 | 0025| G:\BILLTEXT\BILLW_97\S0189 |