New Mexico HB 112: HEALTH BENEFITS FOR CERTAIN NON-CITIZENS

Bill Text

HB 112/a
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AN ACT
RELATING TO HEALTH; REQUIRING PROVISION OF HEALTH-RELATED
BENEFITS AND SERVICES FOR INDIGENT PATIENTS REGARDLESS OF
IMMIGRATION STATUS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. ELIGIBILITY FOR STATE OR LOCAL HEALTH
BENEFITS.--
A. A state or local health benefit shall be
provided to all non-citizens, regardless of immigration
status, if they meet all other qualifying criteria for such
benefit.
B. For purposes of this section:
(1) "health care services" means treatment
and services designed to promote improved health, including
primary care, prenatal care, dental care, behavioral health
care, provision of prescription drugs, preventive care or
health outreach services, provided by a state agency, county,
local government or state educational institution named in
Article 12, Section 11 of the constitution of New Mexico or
an entity with which the state agency, county, local
government or state educational institution named in Article
12, Section 11 of the constitution of New Mexico contracts to
provide such services; and
(2) "state or local health benefit" means

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any health benefit for which payments, assistance or health
care services are provided to an individual, household or
family eligibility unit by an agency of the state, a county,
a local government or a state educational institution named
in Article 12, Section 11 of the constitution of New Mexico
or by appropriated funds of the state, a county, a local
government or a state educational institution named in
Article 12, Section 11 of the constitution of New Mexico, as
permitted by federal law. "State or local health benefit"
includes care or services for indigent persons or patients
provided or funded pursuant to the Hospital Funding Act or
the Indigent Hospital and County Health Care Act.
SECTION 2. Section 4-48B-8 NMSA 1978 (being Laws 1947,
Chapter 148, Section 6, as amended) is amended to read:
"4-48B-8. SICK AND INDIGENT PERSONS--AGREEMENTS FOR
CARE WITH STATE AND COUNTY AGENCIES.--Counties, by their
county commissioners, are authorized to make agreements with
state or county agencies or other agencies for the care of
sick and indigent persons. Such care shall be provided to
all non-citizens, regardless of immigration status, if they
meet all other qualifying criteria for such care."
SECTION 3. Section 27-5-6 NMSA 1978 (being Laws 1965,
Chapter 234, Section 6, as amended) is amended to read:
"27-5-6. POWERS AND DUTIES OF COUNTIES RELATING TO
INDIGENT CARE.--A county:

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A. may budget for expenditure on ambulance
services, burial expenses, hospital or medical expenses for
indigent residents of that county and for costs of
development of a countywide or multicounty health plan. The
combined costs of administration and planning shall not
exceed the following percentages of revenues based on the
previous fiscal year revenues for a fund that has existed for
at least one fiscal year or based on projected revenues for
the year being budgeted for a fund that has existed for less
than one fiscal year. The percentage of the revenues in the
fund that may be used for such combined administrative and
planning costs is equal to the sum of the following:
(1) ten percent of the amount of the
revenues in the fund not over five hundred thousand dollars
($500,000);
(2) eight percent of the amount of the
revenues in the fund over five hundred thousand dollars
($500,000) but not over one million dollars ($1,000,000); and
(3) four and one-half percent of the amount
of the revenues in the fund over one million dollars
($1,000,000);
B. may accept contributions of public funds for
county health care services, which shall be deposited in the
fund;
C. may hire personnel to carry out the provisions

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of the Indigent Hospital and County Health Care Act;
D. shall transfer to the state by the last day of
March, June, September and December of each year an amount
equal to one-fourth of the county's payment pursuant to
Section 27-5-6.2 NMSA 1978. This money shall be deposited in
the safety net care pool fund;
E. shall, in carrying out the provisions of the
Indigent Hospital and County Health Care Act, comply with the
standards of the federal Health Insurance Portability and
Accountability Act of 1996;
F. may provide for the transfer of money from the
fund to the county-supported medicaid fund to meet the
requirements of the Statewide Health Care Act; and
G. may contract with ambulance providers,
hospitals or health care providers for the provision of
services for indigent patients domiciled within the county;
such services shall be provided to all non-citizens,
regardless of immigration status, if they meet all other
qualif