New Mexico 2025 Regular Session Status: In Committee 3 D cosponsors

SB 103 — REPORT ON DIRECT CARE WORKFORCE

Last action — action postponed indefinitely

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

Plain-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.

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SENATE BILL 103 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Antoinette Sedillo Lopez and Pamelya Herndon and Kathleen Cates 6 8 10 AN ACT RELATING TO HEALTH CARE;
SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 103 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 4 6 8 10 AN ACT RELATING TO HEALTH CARE;
u [ (2) "authority" means the health care .229289.2 authority;
u [ (2) "authority" means the health care .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:
w l n d 18 (a) has entered into a medicaid provider = = 19 participation agreement with the authority and:
1) is 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;
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 - 2 - (c) employs direct care workers to provide personal care services to eligible medicaid recipients;
and .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:
e t 17 (1) total number of full-time and part-time w l n d 18 direct care workers employed at the personal care service = = 19 provider agency;
w l n d 18 (a) full-time direct care workers = = 19 a l employed by the personal care service provider agency;
a l i a e r 20 (2) disaggregated demographic information on a t m m 21 direct care workers employed at the personal care service d r e 22 provider agency that includes:
i a e r 20 (b) part-time direct care workers a t m m 21 employed by the personal care service provider agency;
c e s k 23 (a) age;
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 provider agency;
e a n b 24 (b) gender;
u [ (d) direct care workers who have ceased .229289.2 - 3 - providing personal care services for the personal care service provider agency in the previous twelve months;
and u [ (c) race and ethnicity;
(e) vacant full-time and part-time direct care worker positions as of the end of the previous calendar year;
.230106.3 - 3 - SHPAC/SB 103 (3) highest, lowest and average hourly wage paid to direct care workers employed at the personal care service provider agency;
and (f) hours of overtime pay received by each direct care worker;
(4) average length of employment for direct care workers employed at the personal care service provider agency;
(2) percentage of the previous calendar year that each direct care worker was employed at the personal care service provider agency, either as an employee or independent contractor;
(5) vacancy and turnover rates for direct care workers employed at the personal care service provider agency;
(3) total length of employment for each employee as of the end of the previous calendar year;
and (6) availability and type of benefits provided by the personal care service provider agency to direct care workers.
(4) hourly wage paid to each direct care worker during the previous calendar year;
C.
(5) total amount of money paid to direct care e t 17 workers for travel in the previous twelve months;
By March 1, 2026, and annually thereafter, each medicaid managed care organization and financial management agency shall, in a form and manner prescribed by the authority, submit data on the direct care workers providing self-directed e t 17 community benefits.
w l n d 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.
The data shall include:
Data on fringe benefits shall include the number and a t m m 21 percentage of full-time and part-time employees that receive:
w l n d 18 (1) the total number of:
d r e 22 (a) health insurance;
= = 19 (a) full-time direct care workers a l i a e r 20 providing personal care services through the self-directed a t m m 21 community benefit program;
c e s k 23 (b) dental insurance;
and d r e 22 (b) part-time direct care workers c e s k 23 providing personal care services through the self-directed e a n b 24 community benefit program;
e a n b 24 (c) vision insurance;
u [ (2) the highest, lowest and 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 [ (d) life insurance;
(3) the percentage of 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;
.229289.2 - 4 - (e) disability insurance;
and (4) disaggregated demographic information on 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.
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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:
(c) race and ethnicity;
and (c) race and 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 interim legislative health and human services committee, the legislative finance committee, the governor and the interested parties advisory group established pursuant to this section.
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.
E.
a l i a e r 20 E.
By January 1, 2030, the authority shall perform e t 17 a study for the purposes of determining the cost of providing w l n d 18 personal care services and recommending the reimbursement rates = = 19 a l to be paid for personal care services.
By January 1, 2030, the authority shall perform a t m m 21 a study for the purposes of determining the cost of providing d r e 22 personal care services and recommending the reimbursement rates c e s k 23 to be paid for personal care services.
The results of the i a e r 20 study shall be provided to the interim legislative health and a t m m 21 human services committee, the legislative finance committee, d r e 22 the governor and the interested parties advisory group c e s k 23 established pursuant to this section.
The results of the e a n b 24 study shall be provided to the interim legislative health and u [ human services committee, the legislative finance committee, .230106.3 - 5 - SHPAC/SB 103 the governor and the interested parties advisory group established pursuant to this section.
The study shall consider e a n b 24 federal requirements related to payment adequacy and the level u [ of reimbursement required to:
Recommended reimbursement rates from the cost study shall include consideration of the following factors:
.229289.2 - 7 - (1) stabilize the direct care workforce;
(1) federal requirements related to payment adequacy;
(2) reduce direct care workforce vacancies;
(2) the additional costs that would be incurred by personal care service provider agencies if direct care workers employed by personal care service provider agencies were to be paid at least one hundred fifty percent of the state minimum wage;
(3) allow direct care workers to receive an hourly wage of at least one hundred fifty percent of the state minimum wage;
(3) recent and projected changes in costs due to factors that include direct and indirect costs, inflation and changes in the applicable minimum wage;
and (4) ensure adequate access to personal care services for eligible medicaid recipients.
and (4) direct care worker vacancies that affect personal care service provider agency costs.
F.
e t 17 F.
The authority shall establish an interested parties advisory group that meets at least every two years to advise and provide recommendations to the authority on reimbursement rates for personal care, home health aide, homemaker and habilitation services.
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 publish the advisory group's recommendations on the authority's website.
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 an interest in the payment rates, including:
The advisory group shall consist of persons who have e a n b 24 an interest in the payment rates, including:
(1) direct care workers;
u [ (1) direct care workers;
e t 17 (2) eligible medicaid recipients or the w l n d 18 eligible medicaid recipients' authorized representatives;
.230106.3 - 6 - SHPAC/SB 103 (2) eligible medicaid recipients or the eligible medicaid recipients' authorized representatives;
and = = 19 a l (3) authority staff.
and (3) authority staff.
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
- 7 - 6 8 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .230106.3
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Action History

  1. action postponed indefinitely

  2. DO NOT PASS, replaced with committee substitute

  3. Sent to Senate Health and Public Affairs Committee & Senate Finance Committee

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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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?
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