0001| SENATE BILL 231 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| ROD ADAIR | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO INDIGENT HEALTH CARE; AMENDING SECTION 27-5-4 NMSA | 0012| 1978 (BEING LAWS 1965, CHAPTER 234, SECTION 4, AS AMENDED) TO | 0013| AUTHORIZE PAYMENT FOR MEDICAL SERVICES PROVIDED IN THE | 0014| EMERGENCY ROOM OF A HOSPITAL TO AN INDIGENT PERSON BY | 0015| PHYSICIANS WHO ARE ON-CALL AND NOT OTHERWISE COMPENSATED FOR | 0016| SERVICES RENDERED. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. Section 27-5-4 NMSA 1978 (being Laws 1965, | 0020| Chapter 234, Section 4, as amended) is amended to read: | 0021| "27-5-4. DEFINITIONS.--As used in the Indigent Hospital | 0022| and County Health Care Act: | 0023| A. "ambulance provider" or "ambulance service" | 0024| means a specialized carrier based within the state authorized | 0025| under provisions and subject to limitations as provided in | - 1 - 0001| individual carrier certificates issued by the state | 0002| corporation commission to transport persons alive, dead or | 0003| dying en route by means of ambulance service. The rates and | 0004| charges established by state corporation commission tariff | 0005| shall govern ~[as to]~ allowable cost. Also included are air | 0006| ambulance services approved by the board. The air ambulance | 0007| service charges shall be filed and approved pursuant to | 0008| Subsection D of Section 27-5-6 NMSA 1978 and Section 27-5-11 | 0009| NMSA 1978; | 0010| B. "board" means a county indigent hospital and | 0011| county health care board; | 0012| C. "indigent patient" means a person to whom an | 0013| ambulance service, a hospital or a health care provider has | 0014| provided medical care, ambulance transportation or health care | 0015| services and who can normally support himself and his | 0016| dependents on present income and liquid assets available to | 0017| him but, taking into consideration this income and those | 0018| assets and his requirement for other necessities of life for | 0019| himself and his dependents, is unable to pay the |total| cost | 0020| of the ambulance transportation, ~[or]~ medical care | 0021| ~[administered or both]~ |or health care services provided|. | 0022| If provided by resolution of a board, it shall not include any | 0023| person whose annual income together with his spouse's annual | 0024| income totals an amount that is fifty percent greater than the | 0025| per capita personal income for New Mexico as shown for the | - 2 - 0001| most recent year available in the survey of current business | 0002| published by the United States department of commerce. Every | 0003| board that has a balance remaining in the fund at the end of a | 0004| given fiscal year shall consider and may adopt at the first | 0005| meeting of the succeeding fiscal year a resolution increasing | 0006| the standard for indigency. The term "indigent patient" | 0007| includes a minor who has received ambulance transportation, | 0008| ~[or]~ medical care or ~[both]~ |health care services| and | 0009| whose parent or the person having custody of that minor would | 0010| qualify as an indigent patient if ~[transported by ambulance | 0011| or admitted to a hospital for care or treated by a health care | 0012| provider or all three]~ |he received ambulance transportation, | 0013| medical care or health care service|; | 0014| D. "hospital" means any general or limited | 0015| hospital licensed by the department of health, whether | 0016| nonprofit or owned by a political subdivision, and may include | 0017| by resolution of a board the following health facilities if | 0018| licensed or, in the case of out-of-state hospitals, approved, | 0019| by the department of health: | 0020| (l) for-profit hospitals; | 0021| (2) state-owned hospitals; or | 0022| (3) licensed out-of-state hospitals where | 0023| treatment provided is necessary for the proper care of an | 0024| indigent patient when that care is not available in an in- | 0025| state hospital; | - 3 - 0001| E. "cost" means all allowable ambulance | 0002| transportation costs, medical care costs or costs of providing | 0003| health care services to the extent determined by resolution of | 0004| a board, for an indigent patient. Allowable costs shall be | 0005| determined in accordance with a uniform system of accounting | 0006| and cost analysis as determined by regulation of a board, | 0007| which includes cost of ancillary services but shall not | 0008| include the cost of servicing long-term indebtedness of a | 0009| hospital, health care provider or ambulance service; | 0010| F. "fund" means a county indigent hospital claims | 0011| fund; | 0012| G. "medicaid eligible" means a person who is | 0013| eligible for medical assistance from the department; | 0014| H. "county" means any county except a class A | 0015| county with a county hospital operated and maintained pursuant | 0016| to a lease with a state educational institution named in | 0017| Article 12, Section 11 of the constitution of New Mexico; | 0018| I. "department" means the human services | 0019| department; | 0020| J. "sole community provider hospital" means a | 0021| hospital that is a sole community provider hospital under the | 0022| provisions of the federal medicare guidelines established in | 0023| 42 C.F.R. 412.92 pursuant to Title 18 of the federal Social | 0024| Security Act; | 0025| K. "drug rehabilitation center" means an agency of | - 4 - 0001| local government, a state agency, a private nonprofit entity | 0002| or combination thereof that operates drug abuse rehabilitation | 0003| programs that meet the standards and requirements pursuant to | 0004| the Drug Abuse Act; | 0005| L. "alcohol rehabilitation center" means an agency | 0006| of local government, a state agency, a private nonprofit | 0007| entity or combination thereof that operates alcohol abuse | 0008| rehabilitation programs that meet the standards set by the | 0009| department of health pursuant to the Alcoholism and Alcohol | 0010| Abuse Prevention, Screening and Treatment Act; | 0011| M. "mental health center" means a not-for-profit | 0012| center that provides outpatient mental health services that | 0013| meet the standards set by the department of health pursuant to | 0014| the Community Mental Health Services Act; | 0015| N. "health care provider" means: | 0016| (1) a nursing home; | 0017| (2) an in-state home health agency; | 0018| (3) an in-state licensed hospice; | 0019| (4) a community-based health program operated | 0020| by a political subdivision of the state or other nonprofit | 0021| health organization that provides prenatal care delivered by | 0022| New Mexico licensed, certified or registered health care | 0023| practitioners; | 0024| (5) a community-based health program operated | 0025| by a political subdivision of the state or other nonprofit | - 5 - 0001| health care organization that provides primary care delivered | 0002| by New Mexico licensed, certified or registered health care | 0003| practitioners; | 0004| (6) a drug rehabilitation center; | 0005| (7) an alcohol rehabilitation center; ~[or]~ | 0006| (8) a mental health center; |or| | 0007| | (9) a physician providing hospital emergency | 0008| room services to an indigent patient on an on-call basis if | 0009| the physician is not an employee of the hospital and is not | 0010| compensated for the provided services by the patient or any | 0011| other person|; | 0012| O. "health care services" means all treatment and | 0013| services designed to promote improved health in the county | 0014| indigent population, including primary care, prenatal care, | 0015| dental care, provision of prescription drugs, preventive care | 0016| or health outreach services, to the extent determined by | 0017| resolution of the board; and | 0018| P. "planning" means the development of a | 0019| countywide or multicounty health plan to improve and fund | 0020| health services in the county based on the county's needs | 0021| assessment and inventory of existing services and resources | 0022| and which demonstrates coordination between the county and | 0023| state and local health planning efforts." | 0024| Section 2. EFFECTIVE DATE.--The effective date of the | 0025| provisions of this act is July 1, 1998. | - 6 -