STATE HEALTH CARE QUALITY SURCHARGE ACT
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SB 192 — STATE HEALTH CARE QUALITY SURCHARGE ACT
Last action — Vetoed
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
362 added · 498 removedPlain-language change summary
The revised version of SB 192 has established the "Health Care Quality Surcharge Act," which imposes a temporary surcharge on specific health care facilities. The revenue from this surcharge will be used to improve Medicaid reimbursement rates and support quality enhancements in nursing facilities and care centers for individuals with intellectual disabilities. This shift matters because it aims to bolster financial support for essential health services and improve the quality of care, which could lead to better outcomes for vulnerable populations.
SENATEAN BILLACT 192RELATING 53RDTO LEGISLATURE - STATE OFREVENUE; NEW MEXICO - SECOND SESSION , 2018 INTRODUCED BY Gerald Ortiz y Pino and Steven P.
Neville 6 8 10 AN ACT RELATING TO STATE REVENUE;
e t 17 MAKING THE ACT CONTINGENT ON FEDERAL AUTHORIZATION OF THE ACT;
w l n d 18 MAKING AN APPROPRIATION;
= = 19 a l i a e r 20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
a t m m 21 SECTION 1.
[NEW MATERIAL ] SHORT TITLE.--Sections 1 d r e 22 through 8 of this act may be referred to as the "Health Care c e s k 23 Quality Surcharge Act".
e a n b 24 SECTION 2.
[NEW MATERIAL] PURPOSE.--The purpose of the u [ Health Care Quality Surcharge Act is to enhance federal .209395.6 financial participation in medicaid to increase medicaid provider reimbursement rates and support facility quality improvement efforts in skilled nursing facilities, intermediate care facilities and intermediate care facilities for individuals with intellectual disabilities.
[NEW MATERIAL ] DEFINITIONS.--As used in the Health Care Quality Surcharge Act:
SB 192 A.
"department" means the taxation and revenue Page 1 department;
"intermediate care facility" means a facility with greater than sixty beds thatand is licensed by the department of health to provide intermediate nursing care.
"Intermediate care facility" does not include an intermediate care facility e e 17 for individuals with intellectual disabilities;
e e n d 18 D.
"intermediate care facility for individuals with = = l ] 19 intellectual disabilities" means a facility licensed by the a l r i 20 department of health to provide food, shelter, health or t e a t rehabilitative and active treatment for individuals with m m 21 e d r e 22 intellectual disabilities or persons with related conditions;
c e r c 23 E.
"medicaid" means the medical assistance program e a n b 24 established pursuant to Title 19 of the federal Social Security u [ Act and regulations promulgated pursuant to that act;
.209395.6 - 2 - F.
SB 192 Page 2 H.
"non-medicare bed day" means a day for which the primary payer is not medicare part A, medicare advantage or a e e 17 special needs plan.
A non-medicare bed day excludes any day on e e n d 18 which a resident is not in the facility or the facility is paid = = l ] 19 to hold the bed while the resident is on leave;
a l r i 20 K.
"resident day" means a calendar day of care t e a t provided to a resident in a health care facility, including the m m 21 e d r e 22 day of admission and not including the day of discharge;
c e r c 23 provided that admission and discharge occurring on the same day e a n b 24 shall constitute one resident day;
u [ L.
"skilled nursing facility" means a facility with .209395.6 - 3 - greater than sixty beds thatand is licensed by the department of health to provide skilled nursing services;
SB 192 Page 3 SECTION 4.
[NEW MATERIAL ] HEALTH CARE QUALITY SURCHARGE--SURCHARGE--RATE RATE CALCULATION--DATE PAYMENT DUE--EXCEPTIONS.-- A.
No later than sixty days following the effective date of the Health Care Quality Surcharge Act and by June 1 of each year thereafter, the human services department shall calculate the rate of the surcharge to be paid by each health e e 17 care facility during the subsequent fiscal year and shall e e n d 18 notify the taxation and revenue department and each such health = = l ] 19 care facility of the applicable rates.
In calculating the a l r i 20 rates, the human services department shall:
t e a t (1) set a uniform rate per non-medicare day in m m 21 e d r e 22 health care facilities not to exceed the maximum allowed by c e r c 23 federal law governing the approval of the state medicaid plan e a n b 24 or any waiver from that plan;
u [ (2) structure the rates for each skilled .209395.6 - 4 - nursing facility and intermediate care facility so that the total estimated revenue received in the subsequent fiscal year from all those facilities will equal six percent of the net revenue, calculated on an accrual basis, received in the SB 192 Page 4 aggregate by those health care facilities in the previous calendar year;
If the rate of net revenue provided in Paragraph (2) or (3) of Subsection B of this section exceeds the maximum percentage of net revenue for all health care facilities e e 17 allowed by Section 1903(w)(4) of the federal Social Security e e n d 18 Act, as that section may be amended or renumbered, the rate of = = l ] 19 the health care quality surcharge shall be reduced to a a l r i 20 percentage that will equal, but not exceed, the maximum t e a t percentage allowed by that federal law.
m m 21 e d r e 22 D.
If the rate of net revenue provided in Paragraph c e r c 23 (3) of Subsection B of this section results in medicaid fee-fee-for-service e a n b 24 for-service and medicaid managed care reimbursement rates that u [ exceed the upper payment limits allowed by Section .209395.6 - 5 - 1902(a)(30)(A) of the federal Social Security Act, as that section may be amended or renumbered, the rate of the health care quality surcharge shall be reduced to a percentage that will result in reimbursement SB 192 Page 5 rates that equal, but do not exceed, those limits.
On each January 1, April 1, July 1 and October 1 thereafter, a health care facility shall report to the human services department the number of resident days provided by the health care facility, broken down by payer, and the net revenue earned by the health care facility for the e e 17 calendar quarter prior to the previous quarter.
e e n d 18 F.
The surcharge imposed pursuant to this section = = l ] 19 may be referred to as the "health care quality surcharge".
a l r i 20 Initial payment is due no earlier than thirty days after the t e a t effective date of the Health Care Quality Surcharge Act.
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m m 21 e d r e 22 Thereafter, the surcharge shall be remitted to the department c e r c 23 on or before the twenty-fifth day of the month following the e a n b 24 month for which the taxable event occurs.
u [ G.
The health care quality surcharge shall not .209395.6 - 6 - apply to, and the calculation pursuant to Paragraph (2) of Subsection B of this section shall not include net revenues from, health care facilities for which imposing the surcharge SB 192 Page 6 would jeopardize approval or renewal of a waiver, state plan amendment or other federal authorization necessary to implement the provisions of the Health Care Quality Surcharge Act.
[NEW MATERIAL ] EXEMPTION.--A health care facility with more than ninety thousand annual medicaid-medicaid-financed financed bed days may claim an exemption in an amount equal to sixty-five percent of the health care quality surcharge due in a reporting period.
[NEW MATERIAL ] HEALTH CARE FACILITY FUND--FUND--DISABILITY DISABILITY HEALTH CARE FACILITY FUND.-- A.
The "health care facility fund" and the e e 17 "disability health care facility fund" are created in the state e e n d 18 treasury.
The funds shall consist of appropriations, = = l ] 19 distributions, transfers, gifts, grants, donations and bequests a l r i 20 made to the funds and income from the investment of the funds.
t e a t The funds shall be administered by the human services m m 21 e d r e 22 department, and money in the funds is subject to appropriation c e r c 23 by the legislature to the human services department to carry e a n b 24 out the purposes provided in this section.
Money in the funds u [ shall be disbursed on warrants signed by the secretary of .209395.6 - 7 - finance and administration pursuant to vouchers signed by the secretary of human SB 192 Page 7 services or the secretary's authorized representative.
The disability health care facility fund shall be used for the following purposes and in the following order e e 17 of priority for intermediate care facilities for individuals e e n d 18 with intellectual disabilities:
= = l ] 19 (1) to reimburse those facilities the medicaid a l r i 20 share of the health care quality surcharge as a pass-through, t e a t medicaid-allowable cost;
and m m 21 e d r e 22 (2) to increase each facility's respective c e r c 23 medicaid fee-for-service and medicaid managed care e a n b 24 reimbursement rates above those in effect on July 1, 2018.
u [ D.
No more than twenty percent of the money in the .209395.6 - 8 - health care facility fund or the disability health care SB 192 Page 8 facility fund may be used by the human services department to administer the state medicaid program for purposes other than those provided in Subsection B of this section.
[NEW MATERIAL ] ADMINISTRATION AND ENFORCEMENT OF ACT.--The department shall interpret the provisions of the Health Care Quality Surcharge Act.
[NEW MATERIAL ] DEPARTMENTS REQUIRED TO PROMULGATE RULES.--TheRULES.-- The taxation and revenue department and the human services department shall promulgate rules to carry out the provisions of the Health Care Quality Surcharge Act, as appropriate for each department, including the rate calculations required to be performed by the human services e e 17 department, and the notification from that department to the e e n d 18 taxation and revenue department pursuant to Section 4 of the = = l ] 19 Health Care Quality Surcharge Act.
a l r i 20 SECTION 9.
A new section of the Tax Administration Act is t e a t enacted to read:
m"DISTRIBUTION--HEALTH m 21 e d r e 22 "[NEW MATERIAL] DISTRIBUTION--HEALTH CARE QUALITY c e r c 23 SURCHARGE--HEALTH CARE FACILITY FUND--DISABILITY HEALTH CARE e a n b 24 FACILITY FUND.-- u [ A.
A distribution pursuant to Section 7-1-6.1 NMSA .209395.6 - 9 - 1978 shall be made to the health care facility fund in an amount equal to the net receipts attributable to the SB 192 Page 9 health care quality surcharge imposed on skilled nursing facilities and intermediate care facilities pursuant to the Health Care Quality Surcharge Act.
the administration and enforcement of the e e 17 following taxes or tax acts as they now exist or may hereafter e e n d 18 be amended:
= = l ] 19 (1) Income Tax Act;
a l r i 20 (2) Withholding Tax Act;
t e a t (3) Venture Capital Investment Act;
m m 21 e d r e 22 (4) Gross Receipts and Compensating Tax Act c e r c 23 and any state gross receipts tax;
e a n b 24 (5) Liquor Excise Tax Act;
u [ (6) Local Liquor Excise Tax Act;
.209395.6 - 10 - (7) any municipal local option gross SB 192 Page 10 receipts tax;
(16) Investment Credit Act, rural job tax credit, Laboratory Partnership with Small Business Tax Credit Act, Technology Jobs and Research and Development Tax Credit e e 17 Act, Film Production Tax Credit Act, Affordable Housing Tax e e n d 18 Credit Act and high-wage jobs tax credit;
= = l ] 19 (17) Corporate Income and Franchise Tax Act;
a l r i 20 (18) Uniform Division of Income for Tax t e a t Purposes Act;
m m 21 e d r e 22 (19) Multistate Tax Compact;
c e r c 23 (20) Tobacco Products Tax Act;
[and ] e a n b 24 (21) the telecommunications relay service u [ surcharge imposed by Section 63-9F-11 NMSA 1978, which .209395.6 - 11 - surcharge shall be considered a tax for the purposes of the SB 192 Page 11 Tax Administration Act;
e e 17 (10) Copper Production Ad Valorem Tax Act;
e e n d 18 (11) any advance payment required to be made = = l ] 19 by any act specified in this subsection, which advance payment a l r i 20 shall be considered a tax for the purposes of the Tax t e a t Administration Act;
m m 21 e d r e 22 (12) Enhanced Oil Recovery Act;
c e r c 23 (13) Natural Gas and Crude Oil Production e a n b 24 Incentive Act;
and u [ (14) intergovernmental production tax credit .209395.6SB -192 12Page -12 and intergovernmental production equipment tax credit;
(6) the water conservation fee imposed by e e 17 Section 74-1-13 NMSA 1978, which fee shall be considered a tax e e n d 18 for the purposes of the Tax Administration Act;
and = = l ] 19 (7) the gaming tax imposed pursuant to the a l r i 20 Gaming Control Act;
and t e a t D.
the administration and enforcement of all other m m 21 e d r e 22 laws, with respect to which the department is charged with c e r c 23 responsibilities pursuant to the Tax Administration Act, but e a n b 24 only to the extent that the other laws do not conflict with the u [ Tax Administration Act." .209395.6SB -192 13Page -13 SECTION 11.
CONTINGENT EFFECTIVE DATE.--The effective date of the provisions of Sections 1 through 9 of this act is the first day of the month following the day that the secretary of human services certifies to the secretary of taxation and revenue, the secretary of finance and administration, the legislative council service and the New Mexico compilation commission that the federal centers for medicare and medicaid services has approved the authorization sought by the secretary e e 17 of human services pursuant to Section 11 of this act.
e e n d 18 SECTION 14.
EMERGENCY.--It is necessary for the public = = l ] 19 peace, health and safety that this act take effect immediately.
aSB l192 rPage i 20 - 14 -25 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .209395.6
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View plain text versions (2)
- Final Version View text Current pdf
- Introduced introduced version pdf
Action History
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Vetoed
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passed House
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DO PASS committee report adopted
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referred to House Appropriations and Finance Committee
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withdrawn from all committees
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Sent to House Health and Human Services Committee & House Taxation and Revenue Committee
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passed Senate
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DO PASS, as amended, committee report adopted
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DO PASS committee report adopted
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germane
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Sent to Senate Committees' Committee & Senate Public Affairs Committee & Senate Finance Committee
Sponsors
- Gerald Ortiz y Pino · Primary
- Steven P. Neville · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on
Sponsors (2)
- Ortiz y Pino, Gerald
- Neville, Steven P.
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 3 |
| Democrat | 15 | 0 | 0 | 3 |
| Republican | 10 | 0 | 0 | 1 |
| Total | 63 | 0 | 0 | 7 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Smith | — | Yea |
| Salazar, Nick | — | Yea |
| Salazar, Tomás | — | Yea |
| Gonzales | — | Yea |
| Maestas Barnes | — | Yea |
| Garcia Richard | — | Yea |
| Martmnez, Javier | — | Yea |
| Rehm | — | Yea |
| Garcma, M.P. | — | Not Voting |
| Adkins | — | Yea |
| Alcon | — | Yea |
| Baldonado | — | Yea |
| Bandy | — | Yea |
| Chasey | — | Yea |
| Clahchischilliage | — | Yea |
| Cook | — | Not Voting |
| Crowder | — | Yea |
| Dines | — | Yea |
| Dodge | — | Yea |
| Egolf | — | Yea |
| Ely | — | Yea |
| Fajardo | — | Yea |
| Gentry | — | Yea |
| Gomez | — | Yea |
| Harper | — | Yea |
| Herrell | — | Yea |
| Larrañaga | — | Yea |
| Lewis | — | Yea |
| Louis | — | Not Voting |
| McCamley | — | Yea |
| Nibert | — | Yea |
| Powdrell-Culbert | — | Yea |
| Roch | — | Yea |
| Rodella | — | Yea |
| Romero | — | Yea |
| Ruiloba | — | Yea |
| Stapleton | — | Yea |
| Strickler | — | Yea |
| Sweetser | — | Yea |
| Wooley | — | Yea |
| Youngblood | — | Yea |
| Angelica Rubio | Democrat | Yea |
| Antonio Maestas | Democrat | Yea |
| Charlotte Little | Democrat | Yea |
| D. Wonda Johnson | Democrat | Yea |
| Debra M. Sariñana | Democrat | Yea |
| Derrick J. Lente | Democrat | Yea |
| Doreen Y. Gallegos | Democrat | Yea |
| Elizabeth "Liz" Thomson | Democrat | Yea |
| Joanne J. Ferrary | Democrat | Not Voting |
| Linda M. Trujillo | Democrat | Yea |
| Linda M. Trujillo | Democrat | Yea |
| Linda M. Trujillo | Democrat | Yea |
| Linda M. Trujillo | Democrat | Not Voting |
| Martha Garcia | Democrat | Yea |
| Matthew McQueen | Democrat | Yea |
| Nathan P. Small | Democrat | Yea |
| Patricia A. Lundstrom | Democrat | Yea |
| Patricia Roybal Caballero | Democrat | Not Voting |
| Alan T. Martinez | Republican | Yea |
| Candy Spence Ezzell | Republican | Yea |
| Cathrynn N. Brown | Republican | Not Voting |
| David M. Gallegos | Republican | Yea |
| Gail Armstrong | Republican | Yea |
| Gail Armstrong | Republican | Yea |
| James G. Townsend | Republican | Yea |
| Larry R. Scott | Republican | Yea |
| Rebecca Dow | Republican | Yea |
| Rod Montoya | Republican | Yea |
| William A. Hall II | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 11 | 0 | 0 | 1 |
| Unaffiliated | 21 | 0 | 0 | 4 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 37 | 0 | 0 | 5 |
| % of votes cast | 88% | 0% | 0% | 12% |
How each member voted (42)
| Member | Party | Vote |
|---|---|---|
| McSORLEY | — | Yea |
| BURT | — | Yea |
| PAPEN | — | Yea |
| KERNAN | — | Yea |
| INGLE | — | Yea |
| SAPIEN | — | Yea |
| GOULD | — | Yea |
| RUE | — | Yea |
| PIRTLE | — | Yea |
| WHITE | — | Yea |
| PAYNE | — | Yea |
| LEAVELL | — | Yea |
| SMITH | — | Yea |
| NEVILLE | — | Yea |
| IVEY-SOTO | — | Yea |
| GRIGGS | — | Yea |
| CISNEROS | — | Yea |
| RODRIGUEZ | — | Yea |
| MORALES | — | Yea |
| TALLMAN | — | Yea |
| CANDELARIA | — | Not Voting |
| O'NEILL | — | Not Voting |
| MOORES | — | Not Voting |
| SANCHEZ | — | Not Voting |
| ORTIZ y PINO | — | Yea |
| Antoinette Sedillo Lopez | Democrat | Not Voting |
| Benny Shendo, Jr. | Democrat | Yea |
| Elizabeth "Liz" Stefanics | Democrat | Yea |
| George K. Muñoz | Democrat | Yea |
| Jeff Steinborn | Democrat | Yea |
| Joseph Cervantes | Democrat | Yea |
| Michael Padilla | Democrat | Yea |
| Mimi Stewart | Democrat | Yea |
| Pete Campos | Democrat | Yea |
| Peter Wirth | Democrat | Yea |
| Shannon D. Pinto | Democrat | Yea |
| William P. Soules | Democrat | Yea |
| Alan T. Martinez | Republican | Yea |
| Brian G. Baca | Republican | Yea |
| Craig W. Brandt | Republican | Yea |
| Pat Woods | Republican | Yea |
| William E. Sharer | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 192?
- SB 192 is sponsored by Ortiz y Pino, Gerald and Neville, Steven P..
- What is the current status of SB 192?
- This bill died with 2018 Regular Session. It reached “To Executive” 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 192?
- Track SB 192 free on One Click Politics — get push/email alerts when it moves.
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