SENATE BILL 419

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Carlos R. Cisneros

AN ACT

RELATING TO HEALTH CARE; PROVIDING FOR HOME BIRTH ACCESS FOR MEDICAID RECIPIENTS; ENACTING SECTIONS OF THE PUBLIC ASSISTANCE ACT.

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

     Section 1. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] HOME BIRTH SERVICES FOR MEDICAID RECIPIENTS.--A managed care organization that contracts with the medicaid program, as well as the medicaid program itself, shall not refuse to credential, re-credential or otherwise contract with a licensed midwife or certified nurse-midwife as a participating provider of home birth or birth center birthing services because the licensed midwife or certified nurse-midwife does not have current malpractice insurance that covers the provision of such services by the midwife. If the licensed midwife or certified nurse-midwife otherwise meets the standards for credentialing or re-credentialing, the managed care organization shall not deny participating provider status or otherwise refuse to contract with the licensed midwife or certified nurse-midwife. The medical assistance division of the department shall ensure that these provisions comply with federal laws and regulations."

     Section 2. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] REASONABLE ACCESS TO HOME BIRTH SERVICES.--A managed care organization shall contract with a sufficient number of licensed midwives and certified nurse-midwives who are providers of home birth services so that managed care members who are medicaid recipients will have reasonable access to such services."

     Section 3. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] EXEMPTION FROM LIABILITY.--A managed care organization that credentials, re-credentials or otherwise contracts with a licensed midwife or certified nurse-midwife who does not have current malpractice insurance, shall not be liable, on either a direct or vicarious basis, for any malpractice, misfeasance or negligent act or omission of the licensed midwife or certified nurse-midwife that may directly or indirectly cause injury or harm to any person, including the mother and baby, by reason of that contractual relationship or payment for such services. The existence of a contractual or other relationship between a licensed midwife or certified nurse-midwife and a managed care organization shall not provide a legal basis for finding the managed care organization directly or vicariously liable for any acts or omissions by a licensed midwife or certified nurse-midwife."

     Section 4. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] INFORMED CONSENT.--A licensed midwife or certified nurse-midwife must obtain written, informed consent regarding the home birth services provided by the licensed midwife or certified nurse-midwife from the medicaid recipient who desires a home birth. Such informed consent shall consist of the following:

          A. the licensed midwife or certified nurse-midwife's educational background;

          B. the risks and benefits of home birth services;

          C. the nature and scope of the care to be given;

          D. the licensed midwife or certified nurse-midwife malpractice insurance coverage or absence of malpractice insurance coverage; and

          E. if the licensed midwife or certified nurse-midwife is not covered for home birth services by malpractice insurance, the fact that New Mexico law exempts the managed care organization from any liability for any injury or harm that might result from the licensed midwife or certified nurse-midwife provision of home birth services."

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