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AN ACT

RELATING TO HEALTH AND SAFETY; PROVIDING FOR HEALTH

INFORMATION TECHNOLOGY; CHANGING THE NAME OF THE NEW MEXICO

TELEHEALTH COMMISSION ACT AND THE NEW MEXICO TELEHEALTH

COMMISSION.

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

Section 1. Section 24-1G-1 NMSA 1978 (being Laws 2005,

Chapter 55, Section 1) is amended to read:

"24-1G-1. SHORT TITLE.--Chapter 24, Article 1G NMSA

1978 may be cited as the "New Mexico Telehealth and Health

Information Technology Commission Act"."

Section 2. Section 24-1G-2 NMSA 1978 (being Laws 2005,

Chapter 55, Section 2) is amended to read:

"24-1G-2. PURPOSE.--The purpose of creating a

telehealth and health information technology commission is to

encourage a single, coordinated statewide effort to create a

telehealth and health information technology 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

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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. Section 24-1G-3 NMSA 1978 (being Laws 2005,

Chapter 55, Section 3) is amended to read:

"24-1G-3. DEFINITIONS.--As used in the New Mexico

Telehealth and Health Information Technology Commission Act:

A. "commission" means the New Mexico telehealth

and health information technology commission;

B. "health information technology" means products,

devices or systems that allow for the secure electronic

collection, storage, exchange or management of patient

information; and

C. "telehealth" means the use of electronic

information, imaging and communication technologies, including

interactive audio, video and 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."

Section 4. Section 24-1G-4 NMSA 1978 (being Laws 2005,

Chapter 55, Section 4) is amended to read:

"24-1G-4. NEW MEXICO TELEHEALTH AND HEALTH INFORMATION

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TECHNOLOGY COMMISSION CREATED--POWERS AND DUTIES--

MEMBERSHIP.--

A. The "New Mexico telehealth and health

information technology 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) the health information technology

industry;

(9) Indian nations, tribes and pueblos;

(10) legislators;

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(11) 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

(12) 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 and health

information technology can be used to increase access to care

and implement state comprehensive health plans;

(2) identify barriers to telehealth and

health information technology utilization and expansion,

including payment, infrastructure, training and workforce

availability;

(3) inventory the state's telehealth and

health information technology assets, map available

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telecommunications infrastructure and examine the financial

impact of failing to develop the state's telehealth and health

information technology capacities;

(4) coordinate public and private sector

initiatives to enhance networking, portal development and

connectivity and to expand telehealth and health information

technology and telecommunications capacity;

(5) establish subcommittees as the

commission deems necessary to fulfill its purpose, powers and

duties or to address specific telehealth and health

information technology issues;

(6) identify specific actions to increase

collaborative efforts and public-private partnerships to

increase the use of telehealth and health information

technology 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 and health information technology 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 and health

information technology 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 and health

information technology system and the adequacy and allocation

of telehealth and health information technology services

throughout the state, providing the governor and the

legislature with specific recommendations for improving

telehealth and health information technology and related

service systems.

D. A majority of the members of the commission

constitutes a quorum for the transaction of business."

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