0001| HOUSE BILL 1091 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| EDWARD C. SANDOVAL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC HOSPITALS; AMENDING THE PROCUREMENT CODE AND | 0012| THE HOSPITAL FUNDING ACT; PERMITTING PUBLIC HOSPITALS TO ENTER | 0013| INTO JOINT PURCHASING AGREEMENTS; PERMITTING COUNTIES TO CREATE | 0014| NETWORKS OF HEALTH CARE PROVIDERS. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 4-48B-5 NMSA 1978 (being Laws 1947, | 0018| Chapter 148, Section 1, as amended) is amended to read: | 0019| "4-48B-5. POWER OF COUNTIES.--All counties shall have the | 0020| following powers: | 0021| A. to purchase, own, maintain and operate | 0022| hospitals; | 0023| B. to purchase the land necessary to construct | 0024| hospitals; | 0025| C. to control and regulate county hospitals; | 0001| D. to construct county hospitals; | 0002| E. to issue general obligation bonds and revenue | 0003| bonds in the manner provided in the Hospital Funding Act for | 0004| the construction, purchase, renovation, remodeling, equipping | 0005| or re-equipping of a county hospital or a jointly owned county- | 0006| municipal hospital and purchasing the land necessary therefor | 0007| or for any combination of the foregoing purposes; | 0008| F. to charge for hospital services rendered and to | 0009| reduce any charge made for care of a patient in whole or part | 0010| when the charges are determined to be disputed in good faith or | 0011| uncollectible; | 0012| G. to lease a hospital to any person, corporation | 0013| or association for the operation and maintenance of the | 0014| hospital upon terms and conditions as the county commissioners | 0015| may determine; | 0016| H. to contract with the state, another county or | 0017| counties, the federal government or its agencies, another | 0018| political subdivision or a public or private corporation, | 0019| organization or association for the care of the sick of the | 0020| county; | 0021| I. to receive all funds appropriated from whatever | 0022| source or paid by or on behalf of any patient of the hospital; | 0023| J. notwithstanding any other provision of law, to | 0024| enter into leases, management or operating contracts, health | 0025| care facilities contracts and other agreements authorized by | 0001| the Hospital Funding Act for periods in excess of one year; | 0002| provided that the contract, lease or agreement may be | 0003| terminated by the county without cause upon one hundred eighty | 0004| days' notice after the first three years of the contract; | 0005| K. to authorize the hospital governing board of a | 0006| county hospital to exercise all powers that the county is | 0007| granted by the Hospital Funding Act except the powers to issue | 0008| bonds, call a mill levy election and levy the annual | 0009| assessments for the mill levy authorized by the Hospital | 0010| Funding Act; | 0011| L. to enter into a health care facilities contract | 0012| with one or more hospitals which agree to provide facilities to | 0013| the sick of the county; | 0014| M. to call a mill levy election as authorized by | 0015| the Hospital Funding Act and to collect and distribute the | 0016| proceeds of the mill levy pursuant to that act; | 0017| N. to distribute the proceeds of the mill levy | 0018| authorized by the Hospital Funding Act to one or more county | 0019| hospitals and one or more contracting hospitals or any | 0020| combination thereof [which] that provide facilities for the | 0021| sick of the county, whether located within or without the | 0022| county wherein the mill levy is collected; | 0023| O. to accept grants for constructing, equipping, | 0024| operating and maintaining a county hospital; | 0025| P. to enter into an agreement with a municipality | 0001| for constructing, equipping, operating and maintaining a | 0002| jointly owned county-municipal hospital; | 0003| Q. to enter into an agreement with another county | 0004| or counties, [another county or counties and] another | 0005| political subdivision, an agency of the federal government or | 0006| any other person, corporation, organization or association | 0007| [which] that provides that the parties to the agreement | 0008| shall join together or form a legal entity for the purpose of | 0009| making some or all purchases necessary for the operation of | 0010| public hospitals or public and private hospitals [owned or | 0011| operated by the parties; and to designate one of the parties as | 0012| the central purchasing office, as defined in the Public | 0013| Purchases Act, for the others, to make purchases for the | 0014| parties to the agreement as they shall deem necessary and to | 0015| comply with the provisions of the Public Purchases Act] | 0016| subject to provisions of or exemptions from the Procurement | 0017| Code; | 0018| R. to enter into an agreement with another county | 0019| or counties, another political subdivision, an agency of the | 0020| federal government or any other person, corporation, | 0021| organization or association that provides that parties to the | 0022| agreement shall join together or form a legal entity for the | 0023| purpose of creating a network of health care providers or | 0024| jointly operating a common health care service, subject to | 0025| provisions of or exemptions from the Procurement Code; | 0001| [R.] S. to expend public money to recruit | 0002| health care personnel to serve the sick of the county; and | 0003| [S.] T. to perform any other act or adopt any | 0004| regulation necessary or expedient to carry out the provisions | 0005| of the Hospital Funding Act." | 0006| Section 2. Section 13-1-98 NMSA 1978 (being Laws 1984, | 0007| Chapter 65, Section 71, as amended) is amended to read: | 0008| "13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The | 0009| provisions of the Procurement Code shall not apply to: | 0010| A. procurement of items of tangible personal | 0011| property or services by a state agency or a local public body | 0012| from a state agency, a local public body or external | 0013| procurement unit except as otherwise provided in Sections | 0014| 13-1-135 through 13-1-137 NMSA 1978; | 0015| B. procurement of tangible personal property or | 0016| services for the governor's mansion and grounds; | 0017| C. printing and duplicating contracts involving | 0018| materials [which] that are required to be filed in | 0019| connection with proceedings before administrative agencies or | 0020| state or federal courts; | 0021| D. purchases of publicly provided or publicly | 0022| regulated gas, electricity, water, sewer and refuse collection | 0023| services; | 0024| E. purchases of books and periodicals from the | 0025| publishers or copyright holders thereof; | 0001| F. travel or shipping by common carrier or by | 0002| private conveyance or to meals and lodging; | 0003| G. purchase of livestock at auction rings or to the | 0004| procurement of animals to be used for research and | 0005| experimentation or exhibit; | 0006| H. contracts with businesses for public school | 0007| transportation services; | 0008| I. procurement of tangible personal property or | 0009| services, as defined by Sections 13-l-87 and 13-l-93 NMSA 1978, | 0010| by the corrections industries division of the corrections | 0011| department pursuant to regulations adopted by the corrections | 0012| [industries] commission, which shall be reviewed by the | 0013| purchasing division of the general services department prior to | 0014| adoption; | 0015| J. minor purchases consisting of magazine | 0016| subscriptions, conference registration fees and other similar | 0017| purchases where prepayments are required; | 0018| K. municipalities having adopted home rule charters | 0019| and having enacted their own purchasing ordinances; | 0020| L. the issuance, sale and delivery of public | 0021| securities pursuant to the applicable authorizing statute, with | 0022| the exception of bond attorneys and general financial | 0023| consultants; | 0024| M. contracts entered into by a local public body | 0025| with a private independent contractor for the operation, or | 0001| provision and operation, of a jail pursuant to Sections 33-3-26 | 0002| and 33-3-27 NMSA 1978; | 0003| N. contracts for maintenance of grounds and | 0004| facilities at highway rest stops and other employment | 0005| opportunities, excluding those intended for the direct care and | 0006| support of persons with handicaps, entered into by state | 0007| agencies with private, nonprofit, independent contractors who | 0008| provide services to persons with handicaps; | 0009| O. contracts and expenditures for services to be | 0010| paid or compensated by money or other property transferred to | 0011| New Mexico law enforcement agencies by the United States | 0012| department of justice drug enforcement administration; | 0013| P. contracts for retirement and other benefits | 0014| pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978; | 0015| [and] | 0016| Q. contracts with professional entertainers; and | 0017| R. procurement of items of tangible personal | 0018| property or services by a hospital operated by a state agency | 0019| or a local public body through: | 0020| (1) an agreement with any other state agency, | 0021| local public body or external procurement unit or any other | 0022| person, corporation, organization or association that provides | 0023| that the parties to the agreement shall join together for the | 0024| purpose of making some or all purchases necessary for the | 0025| operation of public hospitals or public and private hospitals, | 0001| if the state purchasing agent or a central purchasing office | 0002| makes a determination that the arrangement will or is likely to | 0003| reduce health care costs; or | 0004| (2) an agreement with any other state agency, | 0005| local public body or external procurement unit or any other | 0006| person, corporation, organization or association for the | 0007| purpose of creating a network of health care providers or | 0008| jointly operating a common health care service, if the state | 0009| purchasing agent or a central purchasing office makes a | 0010| determination that the arrangement will or is likely to reduce | 0011| health care costs, improve quality of care or improve access to | 0012| care." | 0013|  State of New Mexico | 0014| House of Representatives | 0015| | 0016| FORTY-THIRD LEGISLATURE | 0017| FIRST SESSION, 1997 | 0018| | 0019| | 0020| March 4, 1997 | 0021| | 0022| | 0023| Mr. Speaker: | 0024| | 0025| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to | 0001| whom has been referred | 0002| | 0003| HOUSE BILL 1091 | 0004| | 0005| has had it under consideration and reports same with | 0006| recommendation that it DO PASS, and thence referred to the | 0007| CONSUMER AND PUBLIC AFFAIRS COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| Lynda M. Lovejoy, Chairwoman | 0016| | 0017| | 0018| Adopted Not Adopted | 0019| | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| Date | 0023| | 0024| The roll call vote was 6 For 1 Against | 0025| Yes: 6 | 0001| No: Pearce | 0002| Excused: Hobbs | 0003| Absent: None | 0004| | 0005| | 0006| G:\BILLTEXT\BILLW_97\H1091 State of New Mexico | 0007| House of Representatives | 0008| | 0009| FORTY-THIRD LEGISLATURE | 0010| FIRST SESSION, 1997 | 0011| | 0012| | 0013| March 11, 1997 | 0014| | 0015| | 0016| Mr. Speaker: | 0017| | 0018| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to | 0019| whom has been referred | 0020| | 0021| HOUSE BILL 1091 | 0022| | 0023| has had it under consideration and reports same with | 0024| recommendation that it DO PASS. | 0025| | 0001| Respectfully submitted, | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| Gary King, Chairman | 0008| | 0009| | 0010| Adopted Not Adopted | 0011| | 0012| (Chief Clerk) (Chief Clerk) | 0013| | 0014| Date | 0015| | 0016| The roll call vote was 4 For 3 Against | 0017| Yes: 4 | 0018| No: Crook, Dana, Johnson | 0019| Excused: Heaton, Rios, Vigil | 0020| Absent: None | 0021| | 0022| | 0023| G:\BILLTEXT\BILLW_97\H1091 FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION, 1997 | 0025| | 0001| | 0002| March 17, 1997 | 0003| Mr. President: | 0004| | 0005| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0006| referred | 0007| | 0008| HOUSE BILL 1091 | 0009| | 0010| has had it under consideration and reports same with | 0011| recommendation that it DO PASS. | 0012| | 0013| Respectfully submitted, | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| __________________________________ | 0020| Shannon Robinson, Chairman | 0021| | 0022| | 0023| Adopted_______________________ Not | 0024| Adopted_______________________ | 0025| (Chief Clerk) (Chief Clerk) | 0001| | 0002| | 0003| Date ________________________ | 0004| | 0005| | 0006| | 0007| The roll call vote was 3 For 2 Against | 0008| Yes: 3 | 0009| No: Adair, Boitano | 0010| Excused: Garcia, Vernon, Ingle, Rodarte | 0011| Absent: None | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| H1091PA1 | 0018| | 0019| | 0020| | 0021| FORTY-THIRD LEGISLATURE | 0022| FIRST SESSION | 0023| | 0024| | 0025| March 18, 1997 | 0001| | 0002| | 0003| SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 1091 | 0004| | 0005| Amendment sponsored by Senator Joseph A. Fidel | 0006| | 0007| | 0008| 1. On page 1, line 11 strike "AMENDING" and insert in lieu | 0009| thereof "ENACTING A SECTION OF". | 0010| | 0011| 2. On page 1, line 11, after "AND" insert "AMENDING A | 0012| SECTION OF". | 0013| | 0014| 3. On page 5, strike lines 3 through 25, strike pages 6 and | 0015| 7 in their entirety and on page 8, strike lines 1 through 7 and | 0016| insert in lieu thereof the following new section: | 0017| | 0018| "Section 2. A new section of the Procurement Code is | 0019| enacted to read: | 0020| | 0021| "[NEW MATERIAL] HOSPITAL AND HEALTH CARE EXEMPTION.--The | 0022| provisions of the Procurement Code shall not apply to procurement | 0023| of items of tangible personal property or services by a state | 0024| agency or a local public body through: | 0025| | 0001| A. an agreement with any other state agency, local | 0002| public body or external procurement unit or any other person, | 0003| corporation, organization or association that provides that the | 0004| parties to the agreement shall join together for the purpose of | 0005| making some or all purchases necessary for the operation of | 0006| public hospitals or public and private hospitals, if the state | 0007| purchasing agent or a central purchasing office makes a | 0008| determination that the arrangement will or is likely to reduce | 0009| health care costs; or | 0010| | 0011| B. an agreement with any other state agency, local | 0012| public body or external procurement unit or any other person, | 0013| corporation, organization or association for the purpose of | 0014| creating a network of health care providers or jointly operating | 0015| a common health care service, if the state purchasing agent or a | 0016| central purchasing office makes a determination that the | 0017| arrangement will or is likely to reduce health care costs, | 0018| improve quality of care or improve access to care."". | 0019| | 0020| | 0021| | 0022| | 0023| __________________________ | 0024| Joseph A. Fidel | 0025| | 0001| | 0002| Adopted ___________________ Not Adopted _______________________ | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| | 0006| Date _________________ |