SB 103 — REPORT ON DIRECT CARE WORKFORCE
Last action — action postponed indefinitely
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
122 added · 142 removedPlain-language change summary
The recent amendment to Bill SB 103 clarifies the definition of "eligible Medicaid recipient" and updates the data collection requirements for personal care service provider agencies. Specifically, the revision now focuses on gathering demographic information about the direct care workers, such as age, gender, race, and ethnicity, while removing previous requirements to report on independent contractors and overtime pay. These changes are important because they aim to gather more relevant data on the workforce, which can help improve the care provided to Medicaid recipients and address issues related to workforce diversity and compensation.
SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 103 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED4 BY Antoinette Sedillo Lopez and Pamelya Herndon and Kathleen Cates 6 8 10 AN ACT RELATING TO HEALTH CARE;
u [ (2) "authority" means the health care .229289.2.230106.3 SHPAC/SB 103 authority;
w l n d 18 (a) has entered into a medicaid provider = = 19 a l participation agreement with the authority and:
1) is a l i a e r 20 contracted with a medicaid managed care organization to provide a t m m 21 personal care services to eligible medicaid recipients;
and .229289.2.230106.3 - 2 - SHPAC/SB 103 (c) employs direct care workers to provide personal care services to eligible medicaid recipients;
e t 17 (1) total number of:of full-time and part-time w l n d 18 direct care workers employed at the personal care service = = 19 provider agency;
wa l ni da 18e (a)r full-time20 direct(2) caredisaggregated workersdemographic =information =on 19 a lt m m 21 direct care workers employed byat the personal care service d r e 22 provider agency;agency that includes:
ic a e rs 20k (b)23 part-time(a) directage; care workers a t m m 21 employed by the personal care service provider agency;
d r e 22 (c) direct care workers who are c e s k 23 independent contractors contracted with the personal care e a n b 24 service(b) providergender; agency;
and u [ (d)(c) directrace careand workersethnicity; who have ceased .229289.2 - 3 - providing personal care services for the personal care service provider agency in the previous twelve months;
(e).230106.3 vacant- full-time3 - SHPAC/SB 103 (3) highest, lowest and part-timeaverage directhourly carewage workerpaid positionsto asdirect ofcare theworkers endemployed ofat the previouspersonal calendarcare year;service provider agency;
and(4) (f)average hourslength of overtimeemployment payfor receiveddirect bycare eachworkers directemployed at the personal care worker;service provider agency;
(2)(5) percentagevacancy ofand theturnover previousrates calendarfor year that each direct care workerworkers was employed at the personal care service provider agency,agency; either as an employee or independent contractor;
(3)and total(6) lengthavailability and type of employmentbenefits forprovided eachby employeethe aspersonal ofcare theservice endprovider ofagency theto previousdirect calendarcare year;workers.
(4)C. hourly wage paid to each direct care worker during the previous calendar year;
(5)By totalMarch amount1, of2026, moneyand paidannually tothereafter, directeach medicaid managed care eorganization tand 17financial workersmanagement foragency travelshall, in a form and manner prescribed by the previousauthority, twelvesubmit months;data on the direct care workers providing self-directed e t 17 community benefits.
wThe ldata nshall dinclude: 18 (6) availability of fringe benefits for direct = = 19 a l care workers employed at the personal care service provider i a e r 20 agency.
Dataw onl fringen benefitsd shall18 include(1) the total number andof: a t m m 21 percentage of full-time and part-time employees that receive:
d= r= 19 (a) full-time direct care workers a l i a e 22r (a)20 healthproviding insurance;personal care services through the self-directed a t m m 21 community benefit program;
and d r e 22 (b) part-time direct care workers c e s k 23 (b)providing dentalpersonal insurance;care services through the self-directed e a n b 24 community benefit program;
eu a[ n(2) bthe 24highest, (c)lowest visionand insurance;average hourly .230106.3 - 4 - SHPAC/SB 103 wage of direct care workers providing personal care services through the self-directed community benefit program;
u(3) [the (d)percentage lifeof insurance;eligible medicaid recipients enrolled in the self-directed community benefit program who are unable to receive services due to a shortage of direct care workers;
.229289.2and -(4) 4disaggregated -demographic (e)information disabilityon insurance;the direct care workers providing personal care services through the self-directed community benefit program that includes:
(f) tuition reimbursement;
(g) retirement benefits;
(h) paid leave other than sick leave;
and (i) any other type of fringe benefit that the personal care service provider agency offers;
(7) other expenditures paid by personal care service provider agencies related to direct care workers, including:
(a) training for direct care workers;
(b) discretionary travel benefits;
and (c) personal protective equipment;
and (8) demographics of the direct care workers employed by the personal care service provider agency, including each direct care worker's:
e t 17 (a) age;
w l n d 18 (b) gender;
= = 19 a l (c) race and ethnicity;
i a e r 20 (d) highest educational level attained;
a t m m 21 (e) certifications;
and d r e 22 (f) duration of direct care work c e s k 23 experience.
e a n b 24 C.
By March 1, 2026, and annually thereafter, each u [ medicaid managed care organization and financial management .229289.2 - 5 - agency shall, in a form and manner prescribed by the authority, submit data on the direct care workers providing self-directed community benefits.
Show all 71 changed lines (31 more)
The data shall include information on the:
(1) total number of:
(a) full-time direct care workers providing personal care services through the self-directed community benefit program;
(b) part-time direct care workers providing personal care services through the self-directed community benefit program;
(c) direct care workers who are independent contractors contracted to provide personal care services through the self-directed community benefit program;
(d) direct care workers who have ceased providing personal care services through the self-directed community benefit program in the previous twelve months;
and e t 17 (e) hours of overtime pay received by w l n d 18 each direct care worker providing personal care services = = 19 a l through the self-directed community benefit program;
i a e r 20 (2) percentage of the previous calendar year a t m m 21 that each direct care worker was employed at the provider d r e 22 agency, either as an employee or independent contractor;
c e s k 23 (3) hourly wage paid to each direct care e a n b 24 worker during the previous calendar year;
and u [ (4) demographics of the direct care workers .229289.2 - 6 - providing personal care services through the self-directed community benefit program, including each direct care worker's:
and (c) race and ethnicity;ethnicity.
(d) highest educational level attained;
(e) certifications;
and (f) duration of direct care work experience.
By July 1, 2026, and annually thereafter, the authority shall review and analyze the data submitted pursuant to this section and shall submit a report on the data to the e t 17 interim legislative health and human services committee, the w l n d 18 legislative finance committee, the governor and the interested = = 19 parties advisory group established pursuant to this section.
a l i a e r 20 E.
By January 1, 2030, the authority shall perform ea t 17m m 21 a study for the purposes of determining the cost of providing wd lr ne d22 18 personal care services and recommending the reimbursement rates =c =e 19s ak l23 to be paid for personal care services.
The results of the ie a en rb 2024 study shall be provided to the interim legislative health and au t[ m m 21 human services committee, the legislative finance committee, d.230106.3 r- e5 22- SHPAC/SB 103 the governor and the interested parties advisory group c e s k 23 established pursuant to this section.
TheRecommended studyreimbursement shallrates considerfrom ethe acost nstudy bshall 24include federalconsideration requirementsof related to payment adequacy and the levelfollowing ufactors: [ of reimbursement required to:
.229289.2 - 7 - (1) stabilizefederal therequirements directrelated careto workforce;payment adequacy;
(2) reducethe additional costs that would be incurred by personal care service provider agencies if direct care workforceworkers vacancies;employed by personal care service provider agencies were to be paid at least one hundred fifty percent of the state minimum wage;
(3) allowrecent directand careprojected workerschanges toin receivecosts andue hourlyto wagefactors ofthat atinclude leastdirect oneand hundredindirect fiftycosts, percentinflation ofand changes in the stateapplicable minimum wage;
and (4) ensuredirect adequatecare accessworker tovacancies that affect personal care servicesservice forprovider eligibleagency medicaidcosts. recipients.
e t 17 F.
The authority shall establish an interested w l n d 18 parties advisory group that meets at least every two years to = = 19 advise and provide recommendations to the authority on a l i a e r 20 reimbursement rates for personal care, home health aide, a t m m 21 homemaker and habilitation services.
The authority shall d r e 22 publish the advisory group's recommendations on the authority's c e s k 23 website.
The advisory group shall consist of persons who have e a n b 24 an interest in the payment rates, including:
u [ (1) direct care workers;
e.230106.3 t- 176 - SHPAC/SB 103 (2) eligible medicaid recipients or the w l n d 18 eligible medicaid recipients' authorized representatives;
and = = 19 a l (3) authority staff.
- 7 - 6 8 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 - 8 - a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229289.2.230106.3
Show all 71 changed rows (31 more)
View plain text versions (2)
- Substitute PA substitute Current pdf
- Introduced introduced version pdf
Action History
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action postponed indefinitely
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DO NOT PASS, replaced with committee substitute
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Sent to Senate Health and Public Affairs Committee & Senate Finance Committee
Sponsors
- Kathleen Cates · Primary
- Pamelya Herndon · Primary
- Antoinette Sedillo Lopez · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 109 not signed on
Sponsors (3)
- Kathleen Cates Democrat
- Pamelya Herndon Democrat
- Antoinette Sedillo Lopez Democrat
Co-sponsors (0)
None.
Not signed on (109)
109 members have not signed on to this bill.
Show all 109 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 103?
- SB 103 is sponsored by Kathleen Cates (Democrat), Pamelya Herndon (Democrat), and Antoinette Sedillo Lopez (Democrat).
- What is the current status of SB 103?
- This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 103?
- Track SB 103 free on One Click Politics — get push/email alerts when it moves.
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