0001| SENATE BILL 368
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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| LINDA M. LOPEZ
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0005|
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0006|
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0007|
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0008| FOR THE HEALTH AND WELFARE REFORM COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC HOSPITALS; PERMITTING CERTAIN HOSPITALS TO
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0012| ENTER INTO JOINT PURCHASING AGREEMENTS; PERMITTING COUNTIES TO
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0013| CREATE NETWORKS OF HEALTH CARE PROVIDERS.
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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 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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Funding] that 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] that agree to provide
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0012| facilities 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] that provide facilities for
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0020| the sick of the county, whether located within or without the
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0021| county 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
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0004| political subdivision, an agency of the federal government
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0005| or any other person, corporation, organization or
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0006| association [which] that provides that the parties to the
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0007| agreement shall join together for the purpose of making some
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0008| or all purchases necessary for the operation of public
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0009| hospitals or public and private hospitals [owned or operated
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by the parties; and to designate one of the parties as the
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central purchasing office, as defined in the Public Purchases
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Act for the others, to make purchases for the parties to the
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agreement as they shall deem necessary and to comply with the
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provisions of the Public Purchases Act] subject to
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0015| provisions of 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 that provides that
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0019| parties to the agreement shall join together or form a legal
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0020| entity for the purpose of creating a network of health care
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0021| providers or jointly operating a common health care service,
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0022| subject to provisions of the Procurement Code;
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0023| [R.] S. to expend public money to recruit
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0024| health care personnel to serve the sick of the county; and
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0025| [S.] T. to perform any other act or adopt any
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0001| [regulation] rules necessary or expedient to carry out the
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0002| provisions of the Hospital Funding Act."
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0003| Section 2. A new section of the Procurement Code is
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0004| enacted to read:
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0005| "[NEW MATERIAL] HOSPITAL AND HEALTH CARE EXEMPTION.--
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0006| The provisions of the Procurement Code shall not apply to
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0007| procurement of items of tangible personal property or services
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0008| by a state agency or a local public body through:
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0009| A. an agreement with any other state agency, local
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0010| public body or any other person, corporation, organization or
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0011| association that provides that the parties to the agreement
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0012| are joined together for the purpose of making some or all
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0013| purchases necessary for the operation of public hospitals or
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0014| public and private hospitals, if the state purchasing agent
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0015| makes a determination that the arrangement will or is likely
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0016| to reduce health care costs; or
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0017| B. an agreement with any other state agency, local
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0018| public body or any other person, corporation, organization or
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0019| association which agreement creates a network of health care
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0020| providers or a jointly operated common health care service,
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0021| provided the state purchasing agent makes a determination that
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0022| the arrangement will or is likely to reduce health care costs,
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0023| improve quality of care or improve access to care."
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0024|
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