0001| HOUSE BILL 298
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| MICHAEL OLGUIN
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0006|
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0007|
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0008|
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0009| FOR THE HEALTH CARE TASK FORCE
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0010|
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0011| AN ACT
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0012| RELATING TO HEALTH CARE; REVISING PROVISIONS AFFECTING COUNTY
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0013| INDIGENT FUNDS; MAKING APPROPRIATIONS.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 7-20E-9 NMSA 1978 (being Laws 1983,
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0017| Chapter 213, Section 30, as amended) is amended to read:
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0018| "7-20E-9. COUNTY GROSS RECEIPTS TAX--AUTHORITY TO IMPOSE
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0019| RATE--INDIGENT FUND REQUIREMENTS.--
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0020| A. The majority of the members of the governing body
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0021| of any county may enact an ordinance [or ordinances] imposing
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0022| an excise tax not to exceed a rate of three-eighths of one
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0023| percent of the gross receipts of any person engaging in business
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0024| in the county for the privilege of engaging in business in the
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0025| county. Any ordinance imposing an excise tax pursuant to this
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0001| section shall impose the tax in independent increments of one-eighth percent, which shall be separately denominated as "first
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0002| one-eighth", "second one-eighth" and "third one-eighth",
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0003| respectively, not to exceed an aggregate amount of three-eighths
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0004| percent.
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0005| B. This tax is to be referred to as the "county
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0006| gross receipts tax".
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0007| C. Any class A county with a county hospital
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0008| operated and maintained pursuant to a lease with a state
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0009| educational institution named in Article 12, Section 11 of the
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0010| constitution of New Mexico enacting the second or third one-eighth increment of county gross receipts tax shall provide,
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0011| each year that the tax is in effect, not less than one million
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0012| dollars ($1,000,000) in funds for each additional increment of
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0013| one-eighth percent enacted, and that amount shall be dedicated
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0014| to the support of indigent patients who are residents of that
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0015| county. Funds for indigent care shall be made available each
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0016| month of each year the tax is in effect in an amount not less
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0017| than eighty-three thousand three hundred thirty-three dollars
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0018| thirty-three cents ($83,333.33). The interest from the
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0019| investment of county funds for indigent care may be used for
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0020| other assistance to indigent persons not to exceed twenty
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0021| thousand dollars ($20,000) for all other assistance in any year.
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0022| D. Any county, except a class A county with a county
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0023| hospital operated and maintained pursuant to a lease with a
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0024| state educational institution named in Article 12, Section 11 of
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0025| the constitution of New Mexico, imposing the second one-eighth
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0001| increment of county gross receipts tax shall be required to
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0002| dedicate the entire amount of revenue produced by the imposition
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0003| of the second one-eighth increment for the support of indigent
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0004| patients who are residents of that county. Fifty percent of the
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0005| revenue produced by the imposition of the third one-eighth
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0006| increment shall be dedicated to the support of indigent patients
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0007| who are residents of that county. Fifty percent of the revenue
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0008| produced by the imposition of the third one-eighth increment may
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0009| be used for general purposes. The requirements of this
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0010| subsection shall apply regardless of the combination or sequence
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0011| of one-eighth increments enacted. [E. Counties that provide
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for indigent care in an amount equal to or greater than the
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amount anticipated to be required to be dedicated by Subsection
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D of this section from revenue arising from the imposition of a
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rate greater than the first one-eighth increment may use the
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county gross receipts tax revenue produced by imposition of the
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increments in excess of the first one-eighth increment for
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general purposes; however, at any time the revenue to be
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provided for indigent care is anticipated to be less than the
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amount required to be dedicated pursuant to Subsection D of this
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section, then revenue from the receipts of the increments in
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excess of the first one-eighth increment of the county gross
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receipts tax shall be dedicated to indigent care to the extent
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necessary to provide indigent care revenue equal to the amount
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required to be dedicated by Subsection D of this section.]
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0001| All revenue for the support of indigent patients arising from
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0002| the imposition of the second one-eighth increment and fifty
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0003| percent of the third one-eighth increment shall be placed in the
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0004| county indigent hospital claims fund and shall be expended
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0005| pursuant to the Indigent Hospital and County Health Care Act."
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0006| Section 2. Section 24-1A-3 NMSA 1978 (being Laws 1981,
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0007| Chapter 295, Section 3, as amended) is amended to read:
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0008| "24-1A-3. DEFINITIONS.--As used in the Rural Primary
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0009| Health Care Act:
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0010| A. "health care underserved areas" means a
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0011| geographic area in which it has been determined by the [health
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and environment] department of health, through the use of
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0013| indices and other standards set by the department, that
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0014| sufficient primary health care is not being provided to the
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0015| citizens of that area;
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0016| B. "eligible programs" means nonprofit community-based entities [established to provide] that provide or
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0017| commit to provide primary health care services for residents of
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0018| health care underserved areas and includes rural health
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0019| [clinics] facilities and those serving primarily low-income
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0020| populations;
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0021| C. "department" means the [health and environment]
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0022| department of health; and
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0023| D. "primary health care" means the first level of
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0024| basic or general health care for an individual's health needs,
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0025| including diagnostic and treatment services."
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0001| Section 3. Section 24-1A-3.1 NMSA 1978 (being Laws 1983,
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0002| Chapter 236, Section 3, as amended) is amended to read:
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0003| "24-1A-3.1. DEPARTMENT--TECHNICAL AND FINANCIAL
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0004| ASSISTANCE.--To the extent funds are made available for the
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0005| purposes of the Rural Primary Health Care Act, the department is
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0006| authorized to:
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0007| A. provide for a program to recruit and retain
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0008| health care personnel in health care underserved areas;
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0009| B. develop plans for and coordinate the efforts of
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0010| other public and private entities assisting in the provision of
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0011| primary health care services through eligible programs;
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0012| C. provide for technical assistance to eligible
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0013| programs in the areas of administrative and financial
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0014| management, clinical services, outreach and planning;
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0015| D. provide for distribution of financial assistance
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0016| to eligible programs [which] that have applied for and
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0017| demonstrated a need for assistance in order to sustain a minimum
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0018| level of delivery of primary health care services; and
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0019| E. [institute] provide a program for enabling the
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0020| development of new primary care health care [centers]
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0021| services or facilities, and that program:
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0022| (1) shall give preference to communities that
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0023| have few or no community-based primary care services;
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0024| (2) may require in-kind support from local
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0025| communities where primary care health care [centers]
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0001| services or facilities are established;
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0002| (3) may require primary care health care
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0003| [centers] services or facilities to assure provision of
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0004| health care to the medically indigent; and
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0005| (4) shall permit the implementation of
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0006| innovative and creative uses of local or statewide health care
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0007| resources, or both, other than those listed in Paragraphs (2)
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0008| and (3) of this subsection."
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0009| Section 4. Section 27-10-2 NMSA 1978 (being Laws 1991,
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0010| Chapter 212, Section 2, as amended) is amended to read:
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0011| "27-10-2. FINDINGS AND PURPOSE.--
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0012| A. Access to health care reduces long-term medical
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0013| and social costs. The effectiveness of statewide health care
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0014| has been decreased by excessive fragmentation and failure to
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0015| maximize the use of existing in-state revenues and to develop
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0016| effective ways of drawing upon potential federal revenue
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0017| sources. An effective statewide health care system must retain
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0018| local health care efforts, stimulate local innovations for
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0019| meeting particular health care needs and use existing resources
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0020| to expand health care options, especially for those citizens
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0021| unable to pay for their own care.
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0022| B. The purpose of the county-supported medicaid fund
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0023| is to leverage existing resources to better address the state's
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0024| health care needs. The county-supported medicaid fund will be
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0025| used to accomplish this purpose by using local revenues to
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0001| support the state medicaid program and to institute or support
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0002| primary care health care services pursuant to Section 24-1A-3.1
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0003| NMSA 1978. Money appropriated from the county-supported
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0004| medicaid fund to institute or support primary care health care
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0005| services pursuant to Section 24-1A-3.1 NMSA 1978 shall be
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0006| supplemental to general fund appropriations."
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0007| Section 5. Section 27-10-3 NMSA 1978 (being Laws 1991,
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0008| Chapter 212, Section 3, as amended) is amended to read:
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0009| "27-10-3. COUNTY-SUPPORTED MEDICAID FUND CREATED--USE--
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0010| APPROPRIATION BY THE LEGISLATURE.--
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0011| A. There is created in the state treasury the
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0012| "county-supported medicaid fund". The fund shall be invested by
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0013| the state treasurer as other state funds are invested. Income
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0014| earned from investment of the fund shall be credited to the
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0015| county-supported medicaid fund. The fund shall not revert in
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0016| any fiscal year.
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0017| B. Money in the county-supported medicaid fund is
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0018| subject to appropriation by the legislature to support the state
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0019| medicaid program and to institute or support primary care
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0020| health care services pursuant to [Subsection E] Subsections D
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0021| and E of Section 24-1A-3.1 NMSA 1978. Of the amount
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0022| appropriated each year, nine percent shall be appropriated to
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0023| the department of health to institute or support primary care
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0024| health care services pursuant to [Subsection E] Subsections D
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0025| and E of Section
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0001| 24-1A-3.1 NMSA 1978.
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0002| C. Up to three percent of the county-supported
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0003| medicaid fund each year may be expended for administrative costs
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0004| related to medicaid or developing new primary care health care
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0005| centers or facilities.
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0006| D. In the event federal funds for medicaid are not
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0007| received by New Mexico for any eighteen-month period, the
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0008| unencumbered balance remaining in the county-supported medicaid
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0009| fund and the sole community provider fund at the end of the
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0010| fiscal year following the end of any eighteen-month period shall
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0011| be paid within a reasonable time to each county for deposit in
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0012| the county indigent hospital claims fund in proportion to the
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0013| payments made by each county through tax revenues or transfers
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0014| in the previous fiscal year as certified by the local government
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0015| division of the department of finance and administration. The
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0016| department will provide for budgeting and accounting of payments
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0017| to the fund."
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0018| - 8 -
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0019|
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0020|
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0021|
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0022|
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0023|
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0024| State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-SECOND LEGISLATURE
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0003| SECOND SESSION, 1996
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0004|
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0005|
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0006| February 2, 1996
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0012| been referred
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0013|
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0014| HOUSE BILL 298
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, amended as follows:
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0018|
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0019| 1. On page 4, lines 1 through 6, strike the underscored
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0020| language and insert in lieu thereof:
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0021|
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0022| "Any county that has imposed the second one-eighth increment or
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0023| the third one-eighth increment, or both, on January 1, 1996 for
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0024| support of indigent patients in the county or imposes one or both
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0025| increments after January 1, 1996 shall deposit the revenue from
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0001| the second one-eighth increment, if enacted and at least one-half
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0002| of the third one-eighth increment, if enacted in the county
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0003| indigent hospital claims fund and such revenues shall be expended
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0004| pursuant to the Indigent Hospital and County Health Care Act.".,
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0005|
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0006| and thence referred to the APPROPRIATIONS AND FINANCE
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0007| COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014| Jerry W. Sandel, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 8 For 0 Against
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0024| Yes: 8
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0025| Excused: Crook, Gonzales, Hawkins, Lovejoy, Sandoval
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0001| Absent: None
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0002|
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0003|
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0004| .111689.1
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0005| H0298TR1 State of New Mexico
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0006| House of Representatives
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0007|
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0008| FORTY-SECOND LEGISLATURE
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0009| SECOND SESSION, 1996
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0010|
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0011|
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0012| February 6, 1996
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0013|
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0014|
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0015| Mr. Speaker:
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0016|
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0017| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0018| whom has been referred
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0019|
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0020| HOUSE BILL 298, as amended
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0021|
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0022| has had it under consideration and reports same with
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0023| recommendation that it DO PASS, amended as follows:
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0024|
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0025| 1. On page 3, line 5, after the period strike the remainder
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0001| of the line, strike lines 6 and 7 in their entirety and strike
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0002| line 8 up to the period.
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0003|
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0004| Respectfully submitted,
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| Max Coll, Chairman
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0011|
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0012|
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0013| Adopted Not Adopted
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0014|
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0015| (Chief Clerk) (Chief Clerk)
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0016|
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0017| Date
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0018|
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0019| The roll call vote was 10 For 0 Against
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0020| Yes: 10
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0021| Excused: Abeyta, Bird, Buffett, Casey, Gentry, Martinez,
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0022| Picraux, Watchman
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0023| Absent: None
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0024|
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0025|
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0001|
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0002| H0298AF1
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0003|
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0004| FORTY-SECOND LEGISLATURE
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0005| SECOND SESSION, 1996
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0006|
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0007|
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0008| February 12, 1996
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0009|
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0010| Mr. President:
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0011|
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0012| Your FINANCE COMMITTEE, to whom has been referred
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0013|
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0014| HOUSE BILL 298, as amended
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS.
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023| __________________________________
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0024| Ben D. Altamirano, Chairman
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0025|
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0001|
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0002|
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0003| Adopted_______________________ Not Adopted_______________________
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006|
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0007|
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0008| Date ________________________
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0009|
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0010|
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0011| The roll call vote was 8 For 0 Against
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0012| Yes: 8
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0013| No: 0
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0014| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar
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0015| Absent: None
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0016|
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0017|
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0018| H0298FC1
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0019| FORTY-SECOND LEGISLATURE
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0020| SECOND SESSION
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0021|
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0022|
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0023| February 13, 1996
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0024|
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0025|
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0001| SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 298, as
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0002| amended
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0003|
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0004| Amendment sponsored by Senator Patrick H. Lyons
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0005|
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0006|
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0007| 1. On page 6, between lines 9 and 10, insert a new section to
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0008| read as follows:
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0009|
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0010| "Section 4. Section 27-5-7 NMSA 1978 (being Laws 1965,
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0011| Chapter 234, Section 7, as amended) is amended to read:
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0012|
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0013| "27-5-7. COUNTY INDIGENT HOSPITAL CLAIMS FUND.--
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0014|
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0015| A. There is created in the county treasury of each
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0016| county a "county indigent hospital claims fund".
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0017|
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0018| B. Collections under the levy made pursuant to the
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0019| Indigent Hospital and County Health Care Act and all payments
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0020| shall be placed into the fund, and the amount placed in the fund
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0021| shall be budgeted and expended only for the purposes specified in
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0022| the Indigent Hospital and County Health Care Act, by warrant upon
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0023| vouchers approved by a majority of the board and signed by the
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0024| chairman of the board. Payments for indigent hospitalizations
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0025| shall not be made from any other county fund.
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0001|
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0002| C. The fund shall be audited in the manner that other
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0003| state and county funds are audited, and all records of payments
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0004| and verified statements of qualification upon which payments were
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0005| made from the fund shall be open to the public.
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0006|
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0007| D. Any balance remaining in the fund at the end of the
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0008| fiscal year pursuant to [Subsections F and G] Subsection F of
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0009| this section shall carry over into the ensuing year, and that
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0010| balance
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0011|
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0012| shall be taken into consideration in the determination of the
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0013| ensuing year's budget and certification of need for purposes of
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0014| making a tax levy.
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0015|
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0016| E. Money may be transferred to the fund from other
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0017| sources, but no transfers may be made from the fund for any
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0018| purpose other than those specified in the Indigent Hospital and
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0019| County Health Care Act.
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0020|
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0021| F. On June 30 of each fiscal year, beginning in [1996]
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0022| 1998, the board shall [tranfer] transfer to the county-supported medicaid fund that amount of the balance in the county
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0023| indigent hospital claims fund that exceeds two hundred thousand
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0024| dollars ($200,000) or that exceeds the amount equal to thirty
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0025| percent of the income to the fund during that fiscal year,
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0001| whichever is greater. Beginning in [1996] 1998, the transfer
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0002| shall be made by September 1 of each fiscal year. Any amount
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0003| transferred to the county-supported medicaid fund pursuant to this
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0004| subsection is in addition to the county's obligation pursuant to
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0005| Section 27-10-4 NMSA 1978."".
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0006|
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0007| 2. Renumber succeeding sections accordingly.
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0008|
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0009|
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0010|
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0011|
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0012|
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0013| __________________________
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0014| Patrick H. Lyons
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0015|
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0016|
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0017|
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0018| Adopted ___________________ Not Adopted _____________________
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021|
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0022| Date _________________
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0023|
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