New Mexico 2025 2025 Regular Session

New Mexico House Bill HB55 Introduced / Fiscal Note

Filed 01/24/2025

                    Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance 
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they 
are used for other purposes. 
 
F I S C A L    I M P A C T    R E P O R T 
 
 
SPONSOR Herndon 
LAST UPDATED 
ORIGINAL DATE 1/24/2025 
 
SHORT TITLE Medicaid for Personal Care Services 
BILL 
NUMBER House Bill 55 
  
ANALYST Hernandez 
  
APPROPRIATION* 
(dollars in thousands) 
FY25 	FY26 
Recurring or 
Nonrecurring 
Fund 
Affected  $20,800.00 Recurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
  
  
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
HCA/MAD 
No fiscal 
impact 
$194.6 $194.6 $389.2 	Recurring General Fund 
Total 
No fiscal 
impact 
$194.6 $194.6 $389.2 Recurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
Sources of Information
 
LFC Files 
 
Agency Analysis Received From 
Health Care Authority (HCA) 
SUMMARY 
 
Synopsis of Choose an item.   
 
House Bill 55 (HB55) appropriates $20,800,000 from the general fund to the Health Care 
Authority (HCA) for the purpose of raising the Medicaid reimbursement rate for personal care 
service provider agencies to $23.50 per hour. HB55 requires that 70 percent of the $23.50 go 
toward compensation of direct care workers providing personal care services.  
 
This bill does not contain an effective date and, as a result, would go into effect 90 days after the 
Legislature adjourns if enacted, or June 20, 2025. 
 
 
  House Bill 55 – Page 2 
 
FISCAL IMPLICATIONS  
 
The appropriation of $20,800,000 contained in this bill is a recurring expense to the general fund. 
Any unexpended or unencumbered balance remaining at the end of FY26 shall revert to the 
general fund. Changing the reimbursement rate for providers for one year creates an expectation 
that the reimbursement will continue in future years, which makes this a recurring expense.   
 
HCA notes that, due to the oversight requirements of ensuring that 70 percent of reimbursement 
payments goes to direct care workers, HCA would need to hire two additional FTE at a cost of 
$194.8 thousand. These FTE would be responsible for examining service provider agencies’ 
overhead, travel, training and personal protective equipment costs along with their direct care 
workers’ hourly wage to determine if 70 percent of the reimbursement payment is going to direct 
care workers. 
 
SIGNIFICANT ISSUES 
 
HCA notes that the $20.8 million appropriation is not sufficient to meet the requirements 
outlined in HB55. To pay each Medicaid personal care service provider agency $23.50 per hour 
of services, the necessary amount appropriated would need to be $51.4 million.  
 
HCA emphasizes that, in order to access federal match for the increased reimbursement rate 
outlined HB55, the Medical Assistance Division will need to submit a waiver amendment to the 
federal Centers for Medicare and Medicaid Services (CMS). HCA states that this process 
typically takes four to six months and that, until CMS approves the waiver, HCA cannot increase 
the reimbursement rate. This would create a conflict with HB55’s effective date; although the 
bill would become effective on June 20
th
, 2025, HCA would be unable to raise the 
reimbursement rate for personal care service to $23.50 until CMS approves the increase, likely 
four to six months after application.  
 
ADMINISTRATIVE IMPLICATIONS  
 
HCA clarifies: 
 
In spring of 2024, CMS issued the Ensuring Access to Medicaid Services final rule, also 
known as the access rule. The access rule requires a payment adequacy minimum 
performance standard that states must ensure 80 percent of Medicaid payments go to 
compensation for direct care workers by July 9, 2030. CMS has yet to publish guidance 
on the payment adequacy minimum performance standard and how states should 
implement, monitor and enforce it. In the absence of federal guidance, CMS has 
encouraged states to wait for further direction on access rule requirements before 
implementing. 
 
 
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