AN ACT

RELATING TO TELEHEALTH; ESTABLISHING A TELEHEALTH COMMISSION; PRESCRIBING POWERS, DUTIES AND MEMBERSHIP.

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

     Section 1. SHORT TITLE.--This act may be cited as the "New Mexico Telehealth Commission Act".

     Section 2. PURPOSE.--The purpose of creating a telehealth commission is to encourage a single, coordinated statewide effort to create a telehealth system that:

          A. provides and supports health care delivery, diagnosis, consultation, treatment, transfer of medical data and education when distance separates a patient and a health care provider; multiple health care providers involved in patient care; and health care providers and educational or professional activities;

          B. addresses the problems of provider distribution in medically underserved areas of the state;

          C. strengthens the health infrastructure;

          D. attracts and retains health care providers in rural areas; and

          E. helps reduce costs associated with health care and make health care more affordable.

     Section 3. DEFINITIONS.--As used in the New Mexico Telehealth Commission Act:

          A. "commission" means the New Mexico telehealth commission; and

          B. "telehealth" means the use of electronic information, imaging and communication technologies, including interactive audio, video, data communications as well as store-and-forward technologies, to provide and support health care delivery, diagnosis, consultation, treatment, transfer of medical data and education when distance separates the patient and the health care provider.

     Section 4. TELEHEALTH COMMISSION CREATED--POWERS AND DUTIES--MEMBERSHIP.--

          A. The "New Mexico telehealth commission" is created. The commission is administratively attached to the department of health, which shall work in conjunction with the New Mexico health policy commission, in accordance with the Executive Reorganization Act.

          B. The commission shall consist of no more than twenty-five members with members, one-third of whom shall be from rural areas, chosen from the following categories, all of whom shall be appointed by and serve at the pleasure of the governor:

                (1) health care facilities;

                (2) health care practitioners;

                (3) health care workforce educators;                 (4) telehealth technology experts;

                (5) the telecommunications industry;

                (6) the business community;

                (7) health care insurance providers or other health care payers;

                (8) Indian nations, tribes and pueblos;

                (9) legislators;

                (10) state agencies responsible for:

                     (a) telecommunications;

                     (b) public health;

                     (c) medicaid and social services;

                     (d) workforce development;

                     (e) children's health and social services;

                     (f) services for the elderly and disabled;

                     (g) criminal justice;

                     (h) health policy and planning; and

                     (i) education; and

                (11) other members as the governor may appoint to ensure appropriate cultural and geographic representation and the interests of the public.

          C. The commission shall:

                (1) identify how telehealth can be used to increase access to care and implement state comprehensive health plans;

                (2) identify barriers to telehealth utilization and expansion, including payment, infrastructure, training and workforce availability;

                 (3) inventory the state's telehealth assets, map available telecommunications infrastructure and examine the financial impact of failing to develop the state's telehealth capacities;

                (4) coordinate public and private sector initiatives to enhance networking, portal development and connectivity and to expand telehealth and telecommunications capacity;

                (5) establish such subcommittees as the commission deems necessary to fulfill its purpose, powers and duties or to address specific telehealth issues;

                (6) identify specific actions to increase collaborative efforts and public-private partnerships to increase the use of telehealth for health care access development, patient outcome improvement, patient and workforce education and health care practitioner recruitment and development;

                (7) develop and disseminate specific telehealth standards and guidelines to ensure quality of care, positive health outcomes, appropriate use of technology and protection of privacy and confidentiality;

                (8) review and comment on initiatives, projects or grant applications to ensure telehealth standards and guidelines are met and maximum collaboration and cooperation across the state is encouraged;

                (9) meet at least once each quarter at the call of the chair or vice chair, who shall be designated by the governor from among the membership; and

                (10) report annually to the governor and the legislature on the state of the telehealth system and the adequacy and allocation of telehealth services throughout the state, providing the governor and the legislature with specific recommendations for improving telehealth and related service systems.

          D. A majority of the members of the commission constitutes a quorum for the transaction of business.