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F I S C A L I M P A C T R E P O R T
SPONSOR Beffort
ORIGINAL DATE
LAST UPDATED
02/07/07
03/08/07 HB
SHORT TITLE Health Information Technology
SB 538/aSPAC/aHCPAC
ANALYST Geisler
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
NFI.
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates: HB 428
Relates to: HB 427/SB 456
SOURCES OF INFORMATION
LFC Files
Responses Received From
Department of Health (DOH)
Chief Information Officer (CIO)
SUMMARY
Synopsis of HCPAC Amendments
The House Consumer and Public Affairs Committee amendment to Senate Bill 538, as amended,
strikes “when distance separates the patient and the health care provider" from the definition of
telehealth.
Synopsis of SPAC Amendments
The Senate Public Affairs Committee (SPAC) amendments to SB 538 address CIO concerns by
striking “standards" from lines 1 and 7 from page 6. As the bill now reads the New Mexico
Telehealth and Health Information Technology Commission shall provide telehealth and health
information technology guidance. Information technology related standards would continue to
established by the state chief information officer.
Synopsis of Original Bill
Senate Bill 538 would amend the New Mexico Telehealth Act to change the name to the “New
Mexico Telehealth and Health Information Technology Commission Act" and also change the
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Senate Bill 538/aSPAC/aHCPAC – Page
2
name of the telehealth commission to the telehealth and health information technology
commission. SB 538 would also add a new category of health information technology industry
from which the commission membership is to be chosen and expand the focus of the Telehealth
Commission to include health information technology. The bill defines health information
technology as products, devices or systems that allow for the secure collection, storage, exchange
or management of patient information.
FISCAL IMPLICATIONS
None noted.
SIGNIFICANT ISSUES
The CIO provides:
The powers and duties of the New Mexico Telehealth and Health Information Technology
Commission as defined in this bill may be in conflict with some powers and duties of the
Information Technology Commission established by the Information Technology Management
Act (ITMA) [Chapter 15, Article 1C NMSA 1978]. The ITMA defines 1) information
technology as computer and voice and data communication software and hardware, including
imaging systems, terminals and communications networks and facilities, staff information
systems services and professional services contracts for information systems services and 2)
information technology project as the purchase, replacement, development or modification of a
hardware or software system.
SB 538 gives the Telehealth and Information Technology Commission statutory duties to 1)
develop and distribute telehealth and health information technology standards and guidelines to
ensure appropriate use of technology and protection of privacy and confidentiality and 2) review
and comment on initiatives or projects to ensure telehealth and health information technology
standards and guidelines are met. The reporting structure of this commission is unclear.
The existing Information Technology Commission 1) adopts and promulgates rules to delineate
the state information architecture 2) ensures that multi-agency information technology projects
are appropriately designed and developed and 3) establishes rules and guidelines to ensure that
information technology projects satisfy criteria established by the commission.
DUPLICATION AND RELATIONSHIP
Senate Bill 538 is duplicated by HB 428. HB 427/SB 456 amend the NM telehealth act and
expand the types of providers and sites for telehealth services.
AMENDMENTS
The CIO suggest amending the statute to delete all references to standards. The language would
then allow the New Mexico Telehealth and Health Information Technology Commission to
provide telehealth and health information technology guidance and leave standard setting to the
Information Technology Commission.
GG/mt