underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HOUSE BILL 119
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Kathleen Cates
AN ACT
RELATING TO PROCUREMENT; AMENDING THE PROCUREMENT CODE TO
PROVIDE FOR CONTRACT ADJUSTMENTS; REQUIRING THE STATE TO
REQUEST ADJUSTMENTS IN REIMBURSEMENT RATES FOR HEALTH CARE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Procurement Code is
enacted to read:
"[NEW MATERIAL] WAGE AND BENEFITS CHANGES--CONTRACT
ADJUSTMENTS.--When a contract with a state agency provides for
a contractor to employ persons whose benefits and compensation
are subject to adjustment due to changes in state statutes, the
contractor may request the state agency to amend the terms of
the contract to accommodate any increase to the contractor's
expenses due to statutory adjustments in employee compensation
and benefits. Any such request on the part of the contractor
.229172.1 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
shall be made to the state agency within forty-five days of the
date on which the relevant changes in state statutes become
law. The state agency shall respond in writing to any such
contract request."
SECTION 2. [NEW MATERIAL] WAGE AND BENEFITS CHANGES--
MEDICAID REIMBURSEMENT RATE ADJUSTMENTS.--
A. When medicaid providers employ persons whose
benefits and compensation are subject to adjustment due to
changes in state statutes, the state agency responsible for
providing payment to such medicaid providers shall request the
federal centers for medicare and medicaid services to amend
medicaid reimbursement rates to accommodate any increase to the
medicaid provider's expenses due to statutory adjustments in
employee compensation and benefits. The responsible state
agency shall make such request within forty-five days of the
date on which the relevant changes in state statutes become
law.
B. As used in this section:
(1) "authority" means the health care
authority;
(2) "medicaid" means the medical assistance
program established pursuant to Title 19 of the federal Social
Security Act and rules issued pursuant to that act;
(3) "medicaid provider" means a person that
provides medicaid-related services to medicaid recipients; and
.229172.1
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(4) "medicaid recipient" means a person whom
the authority has determined to be eligible to receive
medicaid-related services in the state.
SECTION 3. [NEW MATERIAL] WAGE AND BENEFITS CHANGES--
MEDICARE REIMBURSEMENT RATE ADJUSTMENTS.--
A. When medicare health care providers employ
persons whose benefits and compensation are subject to
adjustment due to changes in state statutes, the state agency
responsible for providing payment to such medicare health care
providers shall request the federal centers for medicare and
medicaid services to amend medicare reimbursement rates to
accommodate any increase to the medicare health care provider's
expenses due to statutory adjustments in employee compensation
and benefits. The responsible state agency shall make such
request within forty-five days of the date on which the
relevant changes in state statutes become law.
B. As used in this section, "medicare health care
provider" means a person that provides health care services,
the charges for which either the provider or the recipient of
the services is eligible for payment or reimbursement under
provisions of the federal medicare program.
- 3 -
.229172.1