44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO HEALTH CARE; DECLARING THE MEDICAL DOCTORS AND HEALTH CARE PROFESSIONALS EMPLOYED BY OR UNDER CONTRACT WITH THE INDIAN HEALTH SERVICE, TRIBALLY OPERATED HEALTH FACILITIES AND URBAN INDIAN HEALTH CLINICS TO BE PRIMARY CARE PHYSICIANS FOR ALL HEALTH CARE ORGANIZATIONS OR MANAGED CARE ORGANIZATIONS CONTRACTING WITH THE STATE TO PROVIDE MEDICAID SERVICES IN NEW MEXICO; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Medicaid Provider Act is enacted to read:

"[NEW MATERIAL] CERTAIN MEDICAL PROFESSIONALS DECLARED PRIMARY CARE PHYSICIANS.--

A. Medical doctors and health care professionals that are licensed by the state of New Mexico or authorized by the federal government to provide medical treatment to patients at Indian health services facilities of the federal public health service, tribally operated health care facilities or urban Indian health clinics are primary care physicians for the purposes of providing health care and referrals to medicaid-eligible individuals seeking medicaid- eligible services. Health care organizations or managed care organizations providing medicaid services pursuant to contracts with the state shall process and recognize all communications from medical doctors or health care professionals employed by or under contract with Indian health care facilities, tribally operated health care facilities or urban Indian health clinics in the same manner that communications from other primary care physicians are processed or recognized.

B. For purposes of this section, "tribally operated" means a health care facility operated by or for an Indian nation, tribe or pueblo but not necessarily an Indian health services facility."

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.