HB 370 — HEALTH CARE PROFESSIONALS CREDENTIALING

HOUSE HEALTH AND HUMAN SERVICES COMMITTEE SUBSTITUTE FOR HOUSE BILL 370 5757TH THLEGISLATURE LEGISLATUR-- STATESTATEOFNEWMEXICO- OFFIRST NEWSESSION, MEXICO2025 -This FIRSTdocument SESSIO,may 2025incorporate 4amendments 6proposed 8by 10a ANcommittee, ACTbut RELATINGnot TOyet HOSPITALadopted, STAFFING;as well as amendments that have been adopted during the current legislative session.

PROHIBITINGThe HOSPITALSdocument FROMis DENYINGa CREDENTIALINGtool ORto CLINICALshow PRIVILEGESamendments TOin HEALTHcontext CAREand PROFESSIONALScannot BASEDbe ONused ECONOMICfor FACTORS.the purpose of adding amendments to legislation.

15h BEAN ITACT ENACTEDg BYo THERELATING LEGISLATURETO OFHOSPITAL THESTAFFING; STATE OF NEW MEXICO:

SECTIONPROHIBITING 1.HOSPITALS FROM t hr g e i k DENYING CREDENTIALING OR CLINICAL PRIVILEGES TO HEALTH CARE h r i s PROFESSIONALS BASED ON ECONOMIC FACTORS.

[NEWh MATERIAL], HOSPITALt, CREDENTIALING e tu 17g REQUIREMENTS.--e wb l ne de 18h A.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Then credentialingd authorityd ofi a hospital = = 19o ah lSECTION receiving1. local, state or federal funds shall not deny medical i a e r 20 staff membership or clinical privileges for reasons other than a t m m 21 a physician's individual qualifications as determined, d r e 22 uniformly applied to all medical staff applicants and members.

c[NEW eMATERIAL s] kHOSPITAL 23CREDENTIALING Whenl implementing] credentialing criteria, the credentialing e a n b 24,d authorityi of a hospitalº shalle formulateREQUIREMENTS.-- andr applyi reasonable,= ur [t nondiscriminatorye standardsw ford them evaluationa ofn ano .231238.1A. HHHC/HB 370 applicant's credentials.

The credentialing authority of a hospital d m :

b e d s º o t n = .231238.1AIC March 1, 2025 (10:04pm) s k m e e a n e d r e l u [ A d HHHC/HB 370 receiving local, state or federal funds shall not deny medical staff membership or clinical privileges for reasons other than a physician's individual qualifications as determined, uniformly applied to all medical staff applicants and members.

When implementing credentialing criteria, the credentialing authority of a hospital shall formulate and apply reasonable, nondiscriminatory standards for the evaluation of an applicant's credentials.

Whenever possible, the h staff who evaluate and determine the qualifications of u » r applicants for clinical privileges and staff membership shall t h g e include members of the applicant's profession.

l i h r i s B.

The credentialing authority of a hospital shall h , e h not consider the following factors when evaluating the t u g e b l qualifications for staff membership or clinical privileges:

e e , gh n d d i = = o h (1) an applicant's membership or lack of el t] 17b ,d i a º r membership in a professional society or association that is not we lr n= dt 18e w d a competence certification organization;

=m = 19 (2) an applicant's decision to advertise, a ln io ad e r 20 lower fees or engage in competitive acts intended to solicit a t m m: 21 business;

b r e t º o t n = .231238.1AIC March 1, 2025 (10:04pm) s k m e - 2 - e a n e d r e 22l (3)u [ A d HHHC/HB 370 (2) an applicant's participationdecision into prepaidadvertise, clower efees sor kengage 23in groupcompetitive healthacts plans;intended to solicit business;

e(3) a n b 24 (4) an applicant's support for, training of or u [ participation in aprepaid private group practice with members of a .231238.1 - 2 - HHHC/HB 370 particular class of health professional;plans;

(5)(4) an applicant's practicessupport withfor, respecttraining toof testifyingor participation in malpracticea lawsuits,private disciplinarygroup actionspractice orwith anymembers otherof typea particular class of legalhealth proceeding;professional;

(5) an applicant's practices with respect to testifying in malpractice lawsuits, disciplinary actions or any other type of legal proceeding HCEDCº , unless the applicant is a named defendant in a malpractice lawsuit»HCEDC ;

provided that nothing in this paragraph shall be construed to prohibit the credentialing authority of a hospital from h requiring an applicant to have performed a minimum number of g o patient encounters in a certain time frame to ensure the t hr g e applicant's proficiency;

i k h r i s (7) whether an applicant is providing medical h , t, or health care services at a different hospital, hospital e u g e b l system, outpatient facility or other licensed health care e e h n d d i facility;

or = = o h l ] b ,d i a º e (8) economic criteria that are unrelated to er i = r t 17e w d quality of care or professional competence.

wm la n o d 18m C.:

Nothingb ine thisd sections shallº relieveo anyt healthn = =.231238.1AIC 19March care1, provider2025 from(10:04pm) thes obligationk tom complye with- bylaws,3 rules- ae l i a n e d r 20e andl regulationsu established[ byA ad hospital'sHHHC/HB credentialing370 aC. t m m 21 authority.

dNothing rin ethis 22section D.shall relieve any health care provider from the obligation to comply with bylaws, rules and regulations established by a hospital's credentialing authority.

ForD. the purposes of this section, "hospital" c e s k 23 does not include a health care facility owned and operated by e a n b 24 the university of New Mexico health system.

uFor [the -purposes 3of -this .231238.1section, "hospital" does not include a health care facility owned and operated by the university of New Mexico health system.

- 4 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .231238.1AIC March 1, 2025 (10:04pm) s k m e e a n e d r e l u [ A d