SENATE BILL 126

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Mary Kay Papen

ENDORSED BY THE NEW MEXICO FINANCE AUTHORITY

OVERSIGHT COMMITTEE

AN ACT

RELATING TO PUBLIC FINANCE; MAKING CERTAIN LOCAL GOVERNMENT-OWNED PRIMARY CARE CLINICS ELIGIBLE FOR PRIMARY CARE CAPITAL FUNDING; ALLOWING THE NEW MEXICO FINANCE AUTHORITY TO RECEIVE COMPENSATION FROM THE PRIMARY CARE CAPITAL FUND FOR ITS COSTS OF ADMINISTERING THE PRIMARY CARE CAPITAL FUNDING ACT; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 24-1C-3 NMSA 1978 (being Laws 1994, Chapter 62, Section 9, as amended) is amended to read:

     "24-1C-3. DEFINITIONS.--As used in the Primary Care Capital Funding Act:

          A. "authority" means the New Mexico finance authority;

          B. "capital project" means repair, renovation or construction of a facility; purchase of land; acquisition of capital equipment of a long-term nature; or acquisition of capital equipment to be used in the delivery of primary care, telehealth or hospice services;

          C. "department" means the department of health;

          D. "eligible entity" means:

                (1) a community-based nonprofit primary care clinic or hospice that operates in a rural or other health care underserved area of the state, that is a 501(c)(3) nonprofit corporation for federal income tax purposes and that is eligible for funding pursuant to the Rural Primary Health Care Act;

                (2) a school-based health center that operates in a public school district and that meets department requirements or that is funded by the federal department of health and human services; [or]

                (3) a primary care clinic that operates in a rural or other health care underserved area of the state, that is owned by a county or municipality and that meets department requirements for eligibility; or

                [(3)] (4) a telehealth site that is operated by an [eligible] entity [pursuant to Paragraphs (1) and (2) of] described in this subsection;              

          E. "fund" means the primary care capital fund; and

          F. "primary care" means the first level of basic or general health care for an individual's health needs, including diagnostic and treatment services and including services delivered at a primary care clinic, a telehealth site or a school-based health center; "primary care" includes the provision of mental health services if those services are integrated into the eligible entity's service array."

     SECTION 2. Section 24-1C-4 NMSA 1978 (being Laws 1994, Chapter 62, Section 10, as amended) is amended to read:

     "24-1C-4. PRIMARY CARE CAPITAL FUND--CREATION.--

          A. The "primary care capital fund" is created as a revolving fund in the state treasury. The fund shall consist of appropriations, loan repayments, gifts, grants, donations and interest earned on investment of the fund. A separate account shall be maintained for appropriations, loan repayments, gifts, grants, donations and interest earned on investment of the account for loans to school-based health centers and telehealth sites. Money in the fund shall not revert at the end of a fiscal year.

          B. The fund shall be administered by the authority. [Administrative costs of] The authority [or department shall not be paid] may recover from the fund the costs of administering the fund and originating loans up to an amount equal to ten percent of original loan amounts. Money in the fund shall be expended only on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the [director] chief executive officer of the authority or [his] the chief executive officer's authorized representative."

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