0001| AN ACT | 0002| RELATING TO PRIMARY CARE; AMENDING SECTIONS OF THE NMSA 1978 | 0003| PERTAINING TO SECURING LOANS FOR CAPITAL PROJECTS; REPEALING | 0004| SECTIONS OF THE NMSA 1978. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 24-1C-1 NMSA 1978 (being Laws 1994, Chapter 62, Section 7) is | 0008| amended to read: | 0009| "24-1C-1. SHORT TITLE.--Chapter 24, Article 1C NMSA 1978 may be cited as the | 0010| "Primary Care Capital Funding Act"." | 0011| Section 2. Section 24-1C-6 NMSA 1978 (being Laws 1994, Chapter 62, Section 12) is | 0012| amended to read: | 0013| "24-1C-6. DEPARTMENT--AUTHORITY--POWERS AND DUTIES.-- | 0014| A. The department and the authority shall administer the loan programs and | 0015| contracts for services established pursuant to the provisions of the Primary Care Capital Funding | 0016| Act. The department and authority shall: | 0017| (1) enter into joint powers agreements with each other or other | 0018| appropriate public agencies to carry out the provisions of that act; and | 0019| (2) apply to any appropriate federal, state or local governmental agency or | 0020| private organization for grants and gifts to carry out the provisions of that act or to fund allied | 0021| community-based health care programs. | 0022| B. The department or authority may, instead of a loan, contract for services with | 0023| an eligible entity to provide free or reduced fee primary care services for sick and medically | 0024| indigent persons as reasonably adequate legal consideration for money from the fund to the entity | 0025| so it may acquire or construct a capital project to provide the services. | 0001| C. The department and authority may: | 0002| (1) make and enter into contracts and agreements necessary to carry out | 0003| their powers and duties pursuant to the provisions of the Primary Care Capital Funding Act; and | 0004| (2) do all things necessary or appropriate to carry out the provisions of the | 0005| Primary Care Capital Funding Act. | 0006| D. The authority is responsible for all financial duties of the programs, including: | 0007| (1) administering the fund; | 0008| (2) accounting for all money received, controlled or disbursed for capital | 0009| projects in accordance with the provisions of the Primary Care Capital Funding Act; | 0010| (3) evaluating and approving loans and contracts for services, including | 0011| determining financial capacity of an eligible entity; | 0012| (4) enforcing contract provisions of loans and contracts for services, | 0013| including the ability to sue to recover money or property owed the state; | 0014| (5) determining interest rates and other financial aspects of a loan and | 0015| relevant terms of a contract for services; and | 0016| (6) performing other duties in accordance with the provisions of the | 0017| Primary Care Capital Funding Act, regulations promulgated pursuant to that act or joint powers | 0018| agreements entered into with the department. | 0019| E. The department is responsible for the following duties: | 0020| (1) defining sick and medically indigent persons for purposes of the | 0021| Primary Care Capital Funding Act; | 0022| (2) establishing priorities for loans and contracts for services; | 0023| (3) determining the appropriateness of the capital project; | 0024| (4) evaluating the capability of an applicant to provide and maintain | 0025| primary care or hospice services; | 0001| (5) selecting recipients of loans and persons with whom to contract for | 0002| services; | 0003| (6) determining that capital projects comply with all state and federal | 0004| licensing and procurement requirements; and | 0005| (7) contracting with an eligible entity to provide primary care services | 0006| without charge or at a reduced fee for sick and medically indigent persons as defined by the | 0007| department. | 0008| F. The authority may make a loan to an eligible entity to acquire, construct, | 0009| renovate or otherwise improve a capital project, provided there is a finding: | 0010| (1) by the department that the project will provide primary care services to | 0011| sick and medically indigent persons as defined by the department; and | 0012| (2) by the authority that there is adequate protection including but not | 0013| limited to loan guarantees, real property liens, title insurance, security interests in or pledges of | 0014| accounts and other assets, loan covenants and warranties or restrictions on other encumbrances | 0015| and pledges for the state funds extended for the loan." | 0016| Section 3. Section 24-1C-9 NMSA 1978 (being Laws 1994, Chapter 62, Section 15) is | 0017| amended to read: | 0018| "24-1C-9. ELIGIBLE ENTITY--CHANGE IN STATUS.--If an eligible entity that has | 0019| received a loan or contract for services for a capital project ceases to maintain its nonprofit status | 0020| or ceases to deliver primary care services at the site of the capital project for twelve consecutive | 0021| months, the state may pursue the remedies provided in the loan agreement or contract for services | 0022| or as provided by law." | 0023| Section 4. REPEAL.--Sections 24-1C-7 and 24-1C-8 NMSA 1978 (being Laws | 0024| 1994, Chapter 62, Sections 13 and 14) are repealed. |