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SENATE BILL 392
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Jeff Steinborn and Elizabeth "Liz" Stefanics
and Angel M. Charley and Cindy Nava and Natalie Figueroa
AN ACT
RELATING TO HOSPITALS; ENACTING A NEW SECTION OF THE HOSPITAL
FUNDING ACT; REQUIRING A COUNTY HOSPITAL OR CONTRACTING
HOSPITAL TO PROVIDE A STANDARD OF CARE OR SERVICES FOR PATIENTS
UNDER CERTAIN CIRCUMSTANCES; REQUIRING AFFORDABLE PAYMENT PLANS
FOR PATIENTS UNDER CERTAIN CIRCUMSTANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Hospital Funding Act is
enacted to read:
"[NEW MATERIAL] COUNTY HOSPITALS AND CONTRACTING
HOSPITALS--CARE AND SERVICES REQUIRED UNDER CERTAIN
CIRCUMSTANCES--PAYMENT PLANS REQUIRED UNDER CERTAIN
CIRCUMSTANCES.--
A. A county hospital or contracting hospital shall
provide a patient with a standard of care or services for their
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location and an affordable payment plan for treatment for a
life-threatening condition, including cancer, that places the
patient's health in serious jeopardy, causes serious impairment
to bodily function or causes serious dysfunction of any bodily
organ if the county hospital or contracting hospital is the
only provider of the care or services needed to treat the
patient's condition in the county where the patient resides, as
soon as the patient provides the hospital the documentation
necessary for the hospital to validate that the following
circumstances have occurred:
(1) the patient does not have commercially
provided health insurance through an employer or private
insurance plan;
(2) the patient does not qualify for medicare
or a state medicaid program;
(3) the patient's health insurance coverage is
not accepted by the county hospital or contracting hospital or
the patient is uninsured;
(4) the patient is ineligible for county
indigent programs; and
(5) the patient is ineligible for the New
Mexico medical insurance pool.
B. For a patient who is receiving care or services
for a life-threatening condition, pursuant to the requirements
in Subsection A of this section, the county hospital or
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contracting hospital providing the care or services shall
continue to provide the patient with the care or services and
the affordable payment plan until the effective date of any
type of coverage listed in Paragraphs (1) through (5) of
Subsection A of this section that the patient obtains.
C. The total payment owed to a county hospital or
contracting hospital by an uninsured patient for treatment or
services pursuant to this section shall be calculated by
applying the medicaid or medicare fee schedule in effect for
the service provided, whichever is greater. A monthly payment
pursuant to the affordable payment plan provided for in this
section shall not exceed five percent of a patient's monthly
household adjusted gross income."
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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