0001| SENATE BILL 295
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| BEN D. ALTAMIRANO
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO HOSPITALS; ENACTING AN EXEMPTION FROM THE
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0012| PROCUREMENT CODE; AMENDING THE HOSPITAL FUNDING ACT TO EXPAND
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0013| POWERS OF COUNTIES RELATING TO JOINT PURCHASING AGREEMENTS AND
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0014| FORMATION OF HEALTH CARE PROVIDER NETWORKS.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new section of the Procurement Code is
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0018| enacted to read:
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0019| "[NEW MATERIAL] HOSPITAL AND HEALTH CARE EXEMPTION.--
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0020| The provisions of the Procurement Code shall not apply to
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0021| procurement of items of tangible personal property or services
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0022| by a state agency or a local public body through:
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0023| A. an agreement with any other state agency, local
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0024| public body or external procurement unit or any other person,
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0025| corporation, organization or association that provides that
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0001| the parties to the agreement shall join together for the
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0002| purpose of making some or all purchases necessary for the
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0003| operation of public hospitals or public and private hospitals,
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0004| if the state purchasing agent or a central purchasing office
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0005| makes a determination that the arrangement will or is likely
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0006| to reduce health care costs; or
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0007| B. an agreement with any other state agency, local
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0008| public body or external procurement unit or any other person,
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0009| corporation, organization or association for the purpose of
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0010| creating a network of health care providers or jointly
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0011| operating a common health care service, if the state
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0012| purchasing agent or a cental purchasing office makes a
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0013| determination that the arrangement will or is likely to reduce
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0014| health care costs, improve quality of care or improve access
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0015| to care."
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0016| Section 2. Section 4-48B-5 NMSA 1978 (being Laws 1947,
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0017| Chapter 148, Section 1, as amended) is amended to read:
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0018| "4-48B-5. POWER OF COUNTIES.--All counties shall have
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0019| the following powers:
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0020| A. to purchase, own, maintain and operate
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0021| hospitals;
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0022| B. to purchase the land necessary to construct
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0023| hospitals;
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0024| C. to control and regulate county hospitals;
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0025| D. to construct county hospitals;
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0001| E. to issue general obligation bonds and revenue
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0002| bonds in the manner provided in the Hospital Funding Act for
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0003| the construction, purchase, renovation, remodeling, equipping
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0004| or re-equipping of a county hospital or a jointly owned
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0005| county-municipal hospital and purchasing the land necessary
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0006| therefor or for any combination of the foregoing purposes;
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0007| F. to charge for hospital services rendered and to
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0008| reduce any charge made for care of a patient in whole or part
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0009| when the charges are determined to be disputed in good faith
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0010| or uncollectible;
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0011| G. to lease a hospital to any person, corporation
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0012| or association for the operation and maintenance of the
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0013| hospital upon terms and conditions as the county commissioners
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0014| may determine;
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0015| H. to contract with the state, another county or
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0016| counties, the federal government or its agencies, another
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0017| political subdivision or a public or private corporation,
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0018| organization or association for the care of the sick of the
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0019| county;
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0020| I. to receive all funds appropriated from whatever
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0021| source or paid by or on behalf of any patient of the hospital;
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0022| J. notwithstanding any other provision of law, to
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0023| enter into leases, management or operating contracts, health
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0024| care facilities contracts and other agreements authorized by
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0025| the Hospital Funding Act for periods in excess of one year;
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0001| provided that the contract, lease or agreement may be
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0002| terminated by the county without cause upon one hundred eighty
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0003| days' notice after the first three years of the contract;
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0004| K. to authorize the hospital governing board of a
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0005| county hospital to exercise all powers that the county is
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0006| granted by the Hospital Funding Act except the powers to issue
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0007| bonds, call a mill levy election and levy the annual
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0008| assessments for the mill levy authorized by the Hospital
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0009| Funding Act;
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0010| L. to enter into a health care facilities contract
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0011| with one or more hospitals which agree to provide facilities
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0012| to the sick of the county;
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0013| M. to call a mill levy election as authorized by
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0014| the Hospital Funding Act and to collect and distribute the
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0015| proceeds of the mill levy pursuant to that act;
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0016| N. to distribute the proceeds of the mill levy
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0017| authorized by the Hospital Funding Act to one or more county
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0018| hospitals and one or more contracting hospitals or any
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0019| combination thereof which provide facilities for the sick of
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0020| the county, whether located within or without the county
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0021| wherein the mill levy is collected;
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0022| O. to accept grants for constructing, equipping,
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0023| operating and maintaining a county hospital;
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0024| P. to enter into an agreement with a municipality
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0025| for constructing, equipping, operating and maintaining a
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0001| jointly owned county-municipal hospital;
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0002| Q. to enter into an agreement with another county
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0003| or counties, another county or counties and another political
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0004| subdivision, an agency of the federal government or any
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0005| other person, corporation, organization or association which
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0006| provides that the parties to the agreement shall join together
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0007| or form a legal entity for the purpose of making some or all
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0008| purchases necessary for the operation of public hospitals or
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0009| public and private hospitals [owned or operated by the
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parties; and to designate one of the parties as the central
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purchasing office, as defined in the Public Purchases Act for
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the others, to make purchases for the parties to the agreement
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as they shall deem necessary and to comply with the provisions
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of the Public Purchases Act] subject to provisions of or
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0015| exemptions from the Procurement Code;
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0016| R. to enter into an agreement with another county
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0017| or counties, another political subdivision, an agency of the
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0018| federal government or any other person, corporation,
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0019| organization or association that provides that parties to the
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0020| agreement shall join together or form a legal entity for the
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0021| purpose of creating a network of health care providers or
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0022| jointly operating a common health care service, subject to
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0023| provisions of or exemptions from the Procurement Code;
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0024| [R.] S. to expend public money to recruit
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0025| health care personnel to serve the sick of the county; and
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0001| [S.] T. to perform any other act or adopt any
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0002| regulation necessary or expedient to carry out the provisions
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0003| of the Hospital Funding Act."
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0004|
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