SENATE MEMORIAL 133

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Linda M. Lopez

A MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO CONVENE A TASK FORCE TO STUDY AND REPORT ITS FINDINGS RELATIVE TO TRANSPARENCY OF HOSPITAL GOVERNING BODIES IN THE DEVELOPMENT AND IMPLEMENTATION OF HEALTH CARE POLICY AT NEW MEXICO HOSPITALS.

     WHEREAS, hospitals that serve the general public in New Mexico must be licensed in accordance with the requirements set forth by the state of New Mexico, regardless of their business or corporate provenance; and

     WHEREAS, the state of New Mexico issues licenses to any acute-care hospital or limited services hospital that meets the requirements of rules issued by the department of health and that continuously maintains and operates an emergency department that provides emergency medical services and other medical services that are needed by the community in which such hospitals are located; and

     WHEREAS, many, if not all, hospitals licensed by the department of health participate in medicare, medicaid and the safety net care pool program and receive financial support of various kinds from government entities; and

     WHEREAS, hospitals licensed by the department of health are required to have an effective governing body that is legally responsible for the management and provision of all hospital services, maintenance of the hospital services and the quality thereof; and

     WHEREAS, the governing body of every hospital in New Mexico licensed by the department of health is required to adopt bylaws that are in writing and are available to all members of the governing body as well as the public; and

     WHEREAS, the bylaws of the governing body of every hospital in New Mexico licensed by the department of health must stipulate the basis upon which members are selected and the members' terms of office and their duties and requirements; specify to whom responsibilities for operation and maintenance of the hospital, including evaluation of hospital practices, may be delegated and the methods established by the governing body for holding these individuals responsible; provide for the designation of officers, if any, and the officers' terms of office and their duties and for the organization of the governing body; specify the frequency with which meetings shall be held; and allow for the organization of committees, either standing or ad hoc, to assist the board in carrying out their responsibilities; and

     WHEREAS, it has been determined by the legislative and executive branches of the state of New Mexico that hospitals are to be transparent in the deliverance of health care; and      WHEREAS, the United States department of health and human services has implemented policies in accordance with the Patient Protection and Affordable Care Act of 2010 with the intent of putting consumers back in charge of their health care; and

     WHEREAS, hospital associations and hospital administrators routinely claim that there is uncertainty relative to the impact of the Patient Protection and Affordable Care Act on the operations and financial stability of their hospitals; and

     WHEREAS, many hospitals in New Mexico and across the United States use management consulting companies to advise and, in some instances, operate and provide for the maintenance of the hospital, including evaluation of hospital practices; and

     WHEREAS, governing boards of hospitals make decisions that directly or indirectly impact public policymaking relating to health care provided by hospitals to the public they serve; and      WHEREAS, such public policymaking relating to health care provided by hospitals is often done behind the closed doors of hospital governing bodies, without the knowledge of the public and without the advice or participation of county and municipal officials charged with providing the public with proper and effective health care at hospitals;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to convene a task force to be known as the "hospital transparency study group" to study the bylaws, decision-making and operating procedures of hospitals licensed by the department of health relative to all matters that either directly or indirectly impact existing health care policy and services and the development of new or changed health care policy at hospitals; and

     BE IT FURTHER RESOLVED that the task force be requested to study the effect that passage of a law, similar to the provisions proposed in Senate Bill 719 of the fifty-second legislature, first session, that would provide the public, and elected state, county and municipal officials, the opportunity to observe and participate in the development of policy impacting patient care at hospitals in New Mexico; and

     BE IT FURTHER RESOLVED that the task force be composed of representatives of the following organizations: the New Mexico hospital association, district 1199 of the national union of hospital and health care employees, the New Mexico chapter of the American nurses association, the state bar of New Mexico, the committee of interns and residents/service employees international union healthcare, the secretary of health, the attorney general of New Mexico, the New Mexico association of counties and the New Mexico municipal league; and

     BE IT FURTHER RESOLVED that the task force be requested to contact organizations that promote openness in policymaking and governance, as well as organizations that advocate for the protection of patient privacy, to provide input in the development of the task force's study and the development of a report to be made to the interim legislative health and human services committee; and

     BE IT FURTHER RESOLVED that the task force be requested to report on the results of its studies to the legislative health and human services committee and any other appropriate interim legislative committee no later than November 2015; and

     BE IT FURTHER RESOLVED that a copy of the task force's report be made public; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council and to the organizations mentioned in this memorial.

- 5 -