HB 269/a/woec
Page 1
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
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.
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:
"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;
(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; HB 269/a/woec
Page 2
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
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
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, HB 269/a/woec
Page 3
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
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. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2026.