HOUSE BILL 455
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Debbie A. Rodella
AN ACT
RELATING TO PUBLIC HEALTH; ESTABLISHING A HOSPITAL TRANSPARENCY INFORMATION SYSTEM; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Public Health Act is enacted to read:
"[NEW MATERIAL] HOSPITAL TRANSPARENCY INFORMATION SYSTEM ESTABLISHED.--
A. The secretary shall provide by rule for the establishment of a hospital transparency information system as follows:
(1) a single statewide association representing New Mexico hospitals shall be selected annually by the department to prepare and release a hospital transparency information system report made public on a searchable internet web site maintained by the department that:
(a) provides a means of comparing current data on the performance of each hospital; and
(b) provides a uniform means of reporting and defining data released by each hospital;
(2) data collected, prepared, released and made public on a searchable internet web site by the single statewide association representing New Mexico hospitals shall include:
(a) data, including infection rates, average length of stay, number of admissions generally and number of readmissions within a thirty-day period;
(b) costs for inpatient, outpatient or other services based on average or mean reimbursement through per diem, percent of charges, diagnosis-related group, ambulatory surgical center, procedure codes or other payment methodology, including actual costs incurred for uncompensated or charity care as defined by agreement between hospitals and the New Mexico health policy commission;
(c) staffing adequacy information, including the number of nurses per patient, the number of physicians per patient, the number of other direct-care staff per patient and the number of administrative staff as a percentage of the total number of patients;
(d) the number, type and value of civil, criminal or administrative judgments against the facility;
(e) standardized clinical outcome measures recognized by national organizations and federal agencies to measure performance of a health care provider; and
(f) no personally identifiable health information; and
(3) a hospital shall have thirty days within which to examine the annual hospital transparency information system report and submit comments for consideration by the secretary and for inclusion in the final report.
B. For purposes of this section, "hospital" means a facility providing emergency or urgent care, inpatient medical care and nursing care for acute illness, injury, surgery or obstetrics. "Hospital" includes a facility licensed by the department as a critical access hospital, general hospital, long-term acute care hospital, psychiatric hospital, rehabilitation hospital, limited services hospital and special hospital."
Section 2. Section 24-1-5.9 NMSA 1978 (being Laws 2004, Chapter 44, Section 2 and Laws 2004, Chapter 50, Section 2) is amended to read:
"24-1-5.9. REPORTING REQUIREMENTS.--
A. A hospital, long-term care facility or [a] primary care clinic shall provide information sufficient for the secretary to make a reasonable assessment based on clear and convincing evidence of its financial viability, sustainability and potential impact on health care access. Information provided to the secretary pursuant to this section shall remain confidential, except as provided for a hospital transparency information system, and is exempt from the Inspection of Public Records Act, unless disclosure or use is mandated by the state or federal law [and]. Data provided pursuant to this section shall not be used as a basis for suspension, revocation or issuance of a license, but failure or refusal to release data as required for an annual hospital transparency information system report shall be grounds for suspension or revocation of a hospital's license. The hospital, long-term care facility or primary care clinic shall provide [this] information on financial viability and sustainability to the secretary at least sixty days before the anticipated effective date of a proposed licensure, closure, disposition or acquisition of the hospital, the long-term care facility or the primary care clinic or its essential services.
B. The secretary shall issue a notice of finding to the facility within sixty days of receiving information from the facility.
C. For the purposes of this section:
(1) "hospital" means a facility providing emergency or urgent care, inpatient medical care and nursing care for acute illness, injury, surgery or obstetrics. "Hospital" includes a facility licensed by the department as a critical access hospital, general hospital, long-term acute care hospital, psychiatric hospital, rehabilitation hospital, limited services hospital and special hospital;
(2) "long-term care facility" means a nursing home licensed by the department to provide intermediate or skilled nursing care; and
(3) "primary care clinic" means a
community-based clinic that provides the first level of basic or general health care for an individual's health needs, including diagnostic and treatment services and, if integrated into the clinic's service array, mental health services."
Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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