SB 538
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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
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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."