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HOUSE BILL 269
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Gail Armstrong
AN ACT
RELATING TO HEALTH CARE; REQUIRING THE HEALTH CARE AUTHORITY TO
IMPLEMENT AN OPEN ELECTRONIC VISIT VERIFICATION SYSTEM THAT IS
COMPLIANT WITH FEDERAL LAW; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Health Care Code is
enacted to read:
"[NEW MATERIAL] OPEN ELECTRONIC VISIT VERIFICATION
SYSTEM.--
A. For the purposes of this section:
(1) "aggregator system" means a centralized,
state-approved system designed to collect and store electronic
visit verification data from various service providers that is
compatible with each provider's chosen electronic visit
verification system;
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(2) "electronic visit verification system"
means a system that verifies the provision of personal care and
home health services and includes, at a minimum, the following
information as required under the federal 21st Century Cures
Act:
(a) the type of service performed;
(b) the person receiving the service;
(c) the date of the service;
(d) the location of service delivery;
(e) the person providing the service;
and
(f) the time the service begins and
ends;
(3) "medicaid recipient" means a person whom
the authority has determined to be eligible to receive
medicaid-related services in the state; and
(4) "provider" means a person or any legal or
commercial entity licensed or certified to provide home health
care or personal care services to medicaid recipients.
B. The authority shall adopt an open electronic
visit verification system that:
(1) allows providers to choose to use any
electronic visit verification system that meets the
requirements of the federal 21st Century Cures Act; and
(2) uses a centralized aggregator system to
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collect and report electronic visit verification data from all
provider systems for submission to the federal centers for
medicare and medicaid services. The aggregator system shall
be:
(a) interoperable with all electronic
visit verification systems used by providers in the state; and
(b) capable of collecting and storing
all data required by the federal 21st Century Cures Act.
C. To implement the provisions of this section, the
authority shall:
(1) adopt an aggregator system that is in
compliance with state and federal law;
(2) provide guidance to providers on
acceptable electronic visit verification systems and how to
interface with the aggregator system; and
(3) adopt rules necessary for administration
of this section, including:
(a) specific standards for the
aggregator system;
(b) procedures for ongoing monitoring,
auditing and reporting of electronic visit verification data to
ensure compliance with federal law;
(c) data privacy protections; and
(d) requirements for providers."
SECTION 2. EMERGENCY.--It is necessary for the public
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peace, health and safety that this act take effect immediately.
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