SENATE BILL 286

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Dede Feldman

AN ACT

RELATING TO TELEHEALTH; RENAMING THE NEW MEXICO TELEHEALTH AND HEALTH INFORMATION TECHNOLOGY COMMISSION ACT AND THE NEW MEXICO TELEHEALTH AND HEALTH INFORMATION TECHNOLOGY COMMISSION; REVISING THE COMMISSION'S PURPOSE, COMPOSITION AND DUTIES; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.

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, as amended) 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] "Enhanced Health Care Delivery Commission Act"."

     Section 2. Section 24-1G-2 NMSA 1978 (being Laws 2005, Chapter 55, Section 2, as amended) 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 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] an enhanced health care delivery commission is to increase access to a broad range of health services for all New Mexicans, especially those in rural areas and those at risk of significant health issues, through health information technology."

     Section 3. Section 24-1G-3 NMSA 1978 (being Laws 2005, Chapter 55, Section 3, as amended) is amended to read:

     "24-1G-3. DEFINITIONS.--As used in the [New Mexico Telehealth and Health Information Technology] Enhanced Health Care Delivery Commission Act:

          A. "commission" means the [New Mexico telehealth and health information technology] enhanced health care delivery commission; and

          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, as amended by Laws 2007, Chapter 14, Section 4 and by Laws 2007, Chapter 46, Section 13) is amended to read:

     "24-1G-4. [TELEHEALTH] COMMISSION CREATED--POWERS AND DUTIES--MEMBERSHIP.--

          A. The [New Mexico telehealth and health information technology] "enhanced health care delivery 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;

                (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 persons with a disability;

                     (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 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 such 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 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 and health information technology 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 and health information technology 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 health information technology and related service systems.]

          B. The commission shall consist of seventeen members, including:

                (1) eleven members as follows:

                     (a) the secretary of health or the secretary's designee;

                     (b) the secretary of children, youth and families or the secretary's designee;

                     (c) the secretary of aging and long-term services or the secretary's designee;

                     (d) the secretary of human services or the secretary's designee; provided, however, that the secretary ensures that medicaid issues are addressed;

                     (e) the secretary of public education or the secretary's designee;

                     (f) the secretary of corrections or the secretary's designee;

                     (g) the secretary of veterans' services or the secretary's designee;

                     (h) the secretary of Indian affairs or the secretary's designee;

                     (i) the director of the interagency behavioral health purchasing collaborative;

                     (j) the director of the New Mexico health policy commission; and

                     (k) the chief executive officer of the health sciences center of the university of New Mexico or the chief executive officer's designee;

                (2) four public members who shall be appointed by and serve at the pleasure of the governor to represent health care practitioners, health care facilities, health care insurers or payers and health care technology entities and to represent the cultural and geographic diversity of the state and the public health interest;

                (3) a member of the house of representatives who shall be appointed by the speaker of the house of representatives; and

                (4) a member of the senate who shall be appointed by the committees' committee or, if the appointments are made in the interim, by the president pro tempore after consultation with and agreement of a majority of the members of the committees' committee.

          C. The commission shall:

                (1) identify health care programs or services that can be delivered through health information technology;

                (2) identify barriers to the delivery of these services, including payment mechanisms, infrastructure and work force availability and training;

                (3) encourage coordination of public and private health care delivery through health information technology;

                (4) recommend state investment or expenditure strategies that enhance health care delivery through health information technology;

                (5) recommend health care appropriations and spending priorities; and

                (6) submit by September 1 of each year its findings and recommendations for the improvement of health care delivery through health information technology.

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

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