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 Thomson
LAST UPDATED
ORIGINAL DATE 01/24/2025
SHORT TITLE
Firefighter & EMS Provider Peer Support
Act
BILL
NUMBER House Bill 74
ANALYST Rommel
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
SFMO
No fiscal
impact
Up to $100.0 $0 $100.0 Nonrecurring
Other state
funds
SFMO
No fiscal
impact
At least $54.0 At least $54.0
At least
$108.0
Recurring
Other state
funds
State, Local, and
Regional Fire
Agencies
No fiscal
impact
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Recurring
Other state
funds
Total
No fiscal
impact
Up to $154.0 At least $54.0
At least
$208.0
Other state
funds
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
New Mexico Department of Homeland Security Fire Grant Council
Federal Emergency Management Agency
Agency Analysis Received From
Health Care Authority (HCA) Regulation and Licensing Department (RLD)
Department of Homeland Security and Emergency Management (DHSEM)
SUMMARY
Synopsis of House Bill 74
House Bill 74 (HB74) would allow any state, local, or regional public fire agency to establish a
peer support program to provide peer-based behavioral health services, such as grief support, to
emergency service providers. Any peer support team member must complete a training course
approved by the State Fire Marshall’s Office (SFMO). HB74 includes confidentiality provisions
for communications between a peer support team member and an emergency service provider.
Additionally, HB74 limits liability for peer support team members, and their fire agency
employers, except for acts, errors, or omissions that constitute a failure to exercise ordinary care.
The bill subjects those acts, errors, and omissions to the Tort Claims Act. House Bill 74 – Page 2
FISCAL IMPLICATIONS
HB74 contains no appropriation. Additional operating budget impact to SFMO is estimated as
follows:
1) Up to $100 thousand nonrecurring in FY26 for training program procurement and
development.
2) $54 thousand recurring beginning in FY26 for 0.5 FTE to manage the training
program (based on midpoint salary plus fringe for a Fire Training Academy
instructor). FTE costs could increase as additional fire agencies request peer support
training.
State, local, and regional fire agencies would likely need to pay for their providers to take an
SFMO-approved peer support training program. Funds from the fire protection fund and fire
protection grant fund may be able to provide limited support for developing peer support
programs. Statute (59A-53-8 NMSA 1978) allows fire protection fund expenditures for
professional development in the context of “payment of firefighters' attendance at fire schools
and conventions approved by the marshal.” In FY25, the New Mexico Fire Protection Grant
Council allowed for grants of up to $25 thousand from the fire protection grant fund for the
purpose of “providing stipends, supplementing recruitment and retention programs or
educational programs” to volunteer firefighters.
SIGNIFICANT ISSUES
The Department of Homeland Security and Emergency Management states that insufficient
funding to support and properly train or approve the training for peer support team members may
place an undue burden on the program and jeopardize its effective implementation.
The Health Care Authority (HCA) notes the use of the language of peer support or peer support
teams could create confusion with the role of a certified peer support worker, which is a
Medicaid billable service. No other peer program can bill Medicaid at this time; HCA thus
recommends the name in the act and the program change to avoid confusion.
According to Federal Emergency Management Agency, there are 248 registered fire departments
in New Mexico. It is difficult to estimate how many departments may develop peer support
programs funded by the fire protection grant fund or other sources.
ADMINISTRATIVE IMPLICATIONS
Because HB74 includes broad definitions for “peer support program” and “peer support
services,” the bill appears to leave the design of the course, and the methods used to examine the
new program’s efficacy over time, to SFMO, which would impact staff time and resources.
Alternatively, SFMO could issue a request-for-proposal to select an established, evidence-based
program with a body of research behind it.
HR/hj