44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO HEALTH CARE; REQUIRING PHYSICIANS, OSTEOPATHS, NURSE PRACTITIONERS, CHIROPRACTORS AND DOCTORS OF ORIENTAL MEDICINE OR PRACTITIONERS OF ACUPUNCTURE OR ORIENTAL MEDICINE TO ACCEPT ASSIGNMENT OF MEDICARE BENEFITS; IMPOSING PENALTIES; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. MANDATORY ASSIGNMENT OF MEDICARE BENEFITS--ENFORCEMENT BY DEPARTMENT OF HEALTH--PENALTIES.--
A. Physicians licensed pursuant to Chapter 61, Article 6 NMSA 1978, osteopaths licensed pursuant to Chapter 61, Article 10 NMSA 1978, chiropractors licensed pursuant to Chapter 61, Article 4 NMSA 1978, doctors of oriental medicine or practitioners of acupuncture or oriental medicine licensed pursuant to Chapter 61, Article 14A of NMSA 1978 and nurse practitioners licensed pursuant to Chapter 61, Article 3 NMSA 1978 shall accept the assignment of medicare benefits for services provided to any patient eligible under the federal medicare program provisions for reimbursement or payment on his behalf for charges for services eligible for medicare coverage.
B. The department of health is authorized to accept and hear a complaint made against a physician, an osteopath, a chiropractor, a nurse practitioner or a doctor of oriental medicine or practitioner of acupuncture or oriental medicine for failure to accept an assignment of medicare benefits for services provided to a person eligible for medicare program reimbursement. After notice of the complaint and an opportunity to be heard being afforded to the party complained of, the department of health may dismiss the complaint or impose remedies, including civil penalties, assessed in accordance with rules promulgated pursuant to Subsection C of this section.
C. The department of health shall promulgate rules to implement the provisions of this section and shall establish remedies or penalties for any violation of the provisions of Subsection A of this section.
Section 2. REPEAL.--Section 24-1-23 NMSA 1978 (being Laws 1987, Chapter 157, Section 1) is repealed.