SB 96 — MATERNAL MORTALITY CASE REVIEWS

[F.J.

] J.

(1) an individual licensed, certified or h otherwise authorized to provide health care services in the gSB o96 tPage hr3 ordinary course of business in the state;

or g e i k (2) a health facility that the department h r i s licenses;

hK. , t, [G.

]"law K.enforcement agency" means a law enforcement agency of the state, an Indian nation, tribe or pueblo or a political subdivision of the state;

"lawL. enforcement agency" means a law e u g e b l e e h enforcement agency of the state, an Indian nation, tribe or n d d i = = o h pueblo or a political subdivision of the state;

l"maternal ]mortality" bmeans ,dthe ideath of a ºpregnant ewoman [H.or a woman within one year postpartum;

]M. L.

"maternal mortality" means the death of a r i = r t e w d m a n o pregnant woman or a woman within one year [postpartum ] d m :

b e d s º o t n = .218459.3SAAIC February 19, 2021 (10:39pm) s k m e - 4 - e a n e d r e l u [ A d SJCºpostpartum»SJC SJCºof the end of pregnancy»SJC ;

[I.] M.

"qualified SJCºinvited»SJCinvited guest" means a person approved by the co-chairs SJCºof»SJCand SJCºand invited by»SJCby the committee to attend a committee meeting to provide h technical expertise to the committee, to enhance training in u » r maternal health, to provide insight on maternal mortality or tsevere hmaternal gSB e96 lPage i4 severe maternal morbidity review in other jurisdictions or to h r i s provide operational support to the committee;

and h , e h [J.] P.

"severe maternal morbidity" means [aunexpected toutcomes uof glabor eand bdelivery lthat eresult ein ,significant ghshort- conditionor thatlong-term occursconsequences into a womanwoman's duringhealth pregnancyas oridentified withinby onehospitalizations nusing dadministrative dhospital idischarge =data =and othe hworld yearhealth oforganization's theInternational endClassification of pregnancyDiseases thatdiagnosis resultsand in:procedure codes." SECTION 3.

l ] b ,d i a º r (1) admission to the intensive care unit of a e r = t e w d m a n o health facility;

or d m :

b r e t º o t n = .218459.3SAAIC February 19, 2021 (10:39pm) s k m e - 5 - e a n e d r e l u [ A d (2) transfusion of four or more units of red blood cells;

and K.

"subcommittee" means the abstractor subcommittee of the committee] unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health as identified by hospitalizations using administrative hospital discharge data and the world health organization's International Classification of Diseases diagnosis and procedure codes." SECTION 3.

MATERNAL MORTALITY [AND SEVERE MATERNAL MORBIDITY] REVIEW COMMITTEE--CREATION--MEMBERSHIP--DUTIES.-- A.

The "maternal mortality [and severe maternal morbidity review] review committee" is created in the department.

[a maximum of h twenty-five members that the chief medical officer shall g o t hr appoint to serve three-year terms] g e i k (1) the chief medical officer of the h r i s department or another representative of the department h , t, appointed by the secretary of health, who shall be the e u g e b l e e h ex-officio administrative co-chair;

n d d i = = o h (2) a clinical co-chair, who shall be l ] b ,d i a º e nominated by the committee and approved by the department;

and r i = r t e w d m a n o (3) a maximum of thirty additional members, dwho mshall :be appointed by the administrative co-chair;

bSB e96 dPage s5 ºprovided othat tfour nof =those .218459.3SAAICmembers February 19, 2021 (10:39pm) s k m e - 6 - e a n e d r e l u [ A d who shall beinclude: appointed by the administrative co-chair SJCº.»SJC SJCº;

provided that four of those members shall include:

and (b) two members nominated by the director of the office on African American affairs.»SJCaffairs. B.

EachB. member of the committee, except the administrative co-chair, shall serve a term of three years SJCº, with no consecutive terms»SJC .

SJCºC.Each member of the committee, except the administrative co-chair, shall serve a term of three years, with no consecutive terms.

PursuantC. to requirements established by the department, each member of the committee shall receive training on trauma and the impacts of trauma, including secondary trauma, trauma of racism and trauma of maternal mortality and morbidity.»SJC SJCºC.»SJC SJCºD.»SJC In appointing members of h the committee, the [chief medical officer shall appoint members u » r t h from geographic areas throughout the state with knowledge of g e l i maternal mortality and severe maternal morbidity, including h r i s representatives of hospitals and other birthing facilities;

hPursuant ,to erequirements hestablished tby uthe gdepartment, obstetricaleach providers;member of the committee shall receive training on trauma and the impacts of trauma, including secondary trauma, trauma of racism and trauma of maternal mortality and morbidity.

nursingD. providers;

theIn officeappointing members of the ecommittee, bthe ladministrative eco-chair eshall ,include ghmembers that work in and represent communities that are most impacted per the state medicalmaternal investigator;mortality ratio so that the composition of the committee reflects:

the department;

representatives of n d d i = = o h an association of perinatal health care providers that work in l ] b ,d i a º r e r = a perinatal health care collaborative;

and other professionals t e w d m a n o that the chief medical officer deems appropriate.

d m :

b r e t º o t n = .218459.3SAAIC February 19, 2021 (10:39pm) s k m e - 7 - e a n e d r e l u [ A d B.

Committee members shall serve terms of three years;

provided that the initial members' terms shall be staggered in accordance with department rules.

The secretary of health shall call the first meeting, at which the committee shall elect a chair.

Thereafter] administrative co-chair shall include members that work in and represent communities that are SJCºdiverse»SJC SJCºmost impacted per the state maternal mortality ratio»SJC so that the composition of the committee reflects:

and (3) communities that are SJCºaffected»SJCmost SJCºmostimpacted impacted»SJC by pregnancy-related deaths, severe maternal morbidity and a lack of access to relevant perinatal h and intrapartum care SB 96 Page 6 services.

gE. o t hr SJCºD.»SJC SJCºE.»SJC The committee shall meet at g e i k the call of the [chair.

hThe rcommittee ishall smeet C.at the call of the co-chairs.

CommitteeA membersmajority shallof servecommittee withoutmembers anyappointed hconstitutes ,a t,quorum efor uthe gtransaction compensationof orany perquisitebusiness. arising from their service.] co- e b l e e h chairs.

AThe majorityaffirmative vote of committeeat membersleast appointeda constitutesmajority nof da dquorum ipresent =and =approval oby hthe asecretary quorumof forhealth or the transactionsecretary's ofdesignee shall be necessary for any business.action to be taken by the committee.

The affirmative l ] b ,d i a º e vote of at least a majority of a quorum present and approval by r i = r t e w d m a n o the secretary of health or the secretary's designee shall be d m :

b e d s º o t n = .218459.3SAAIC February 19, 2021 (10:39pm) s k m e - 8 - e a n e d r e l u [ A d necessary for any action to be taken by the committee.

SJCºE.»SJCF. SJCºF.»SJC Operational staff and qualified guests may participate in committee deliberations in an advisory capacity as directed by the co-chairs of the committee.

Operational staff and qualified guests may participate in committee deliberations in an advisory capacity as directed by the co-chairs of the committee.

SJCºF.»SJCG. SJCºG.»SJC A committee member required to travel in excess of fifty miles to attend a meeting of the committee may, with the approval of the department, receive per diem and mileage for attendance at that meeting pursuant to the Per Diem and Mileage Act.

A committee member forsakingrequired criticalto incometravel toin attendexcess aof committeefifty meetingmiles may,to withattend thea approvalmeeting of the departmentcommittee andmay, pursuantwith tothe rulesapproval establishedof by h the department, bereceive additionallyper reimburseddiem and mileage for lossattendance ofat that gmeeting opursuant t hr income in an amount not to exceedthe threePer hundredDiem dollarsand ($300)Mileage gAct. e i k per meeting.

hA rcommittee imember sforsaking [D.]critical SJCºG.»SJCincome SJCºH.»SJCto Theattend a committee shall:meeting may, with the approval of the department and pursuant to rules established by the department, be additionally reimbursed for loss of that income in an amount not to exceed three hundred dollars ($300) per meeting.

hSB ,96 t,Page e7 uH. g (1) review each incident of maternal mortality e b l e e h [and severe maternal morbidity incident in the state related to n d d i = = o h each maternal mortality] using [the] a de-identified case l ] b ,d i a º e summary [that the subcommittee provides ] prepared by r i = r t e w d m a n o operational staff;

dThe mcommittee :shall:

b(1) e d s º o t n = .218459.3SAAIC February 19, 2021 (10:39pm) s k m e - 9 - e a n e d r e l u [ A d (2) [investigate and] review [incidentseach incident of maternal mortality and]using aggregatea datade-identified relatingcase tosummary severeprepared maternalby morbidity;operational staff;

(2) review aggregate data relating to severe maternal morbidity;

(4) compile reports using aggregate data [based on an annual basis in an effort to further study the casescauses thatand problems associated with maternal mortality and severe maternal morbidity and distribute these reports to the legislature, government agencies, including the Indian Affairs department identifiesand forthe reporting.office on African American affairs, health care providers, community-based organizations working in the interest of maternal and child health and others as necessary to reduce the maternal mortality rate in the state.

TheThese committeereports shall compileinclude theserecommendations reports] on an annual basis in an effort to furtherassist studyhealth thecare causesproviders and problems associated with maternal mortality and severe maternal morbidity and distribute these reports to the legislature, government agencies, SJCº including the Indian Affairs department and the office on African American affairs,»SJC health care providerssystem SJCº, community-based organizations working in thereducing interest of maternal andmortality child health»SJC and hmorbidity; others as necessary to reduce the maternal mortality rate in g o t hr the state.

These(5) reportsserve shallas includea recommendationslink towith gmaternal emortality iand kmorbidity assistreview healthteams carenationwide providers and theparticipate health care system in hnational r i s reducing maternal mortality and morbidity;morbidity review team activities;

hand ,SB t,96 ePage u8 g(6) (5)perform serveany asother afunctions linkas withresources maternalallow mortalityto eenhance befforts lto ereduce e h and morbidityprevent reviewmaternal teamsmortality nationwide and participatesevere in n d d i = = o h national maternal mortality and morbidity reviewin teamthe lstate. ] b ,d i a º e activities;

andI. r i = r t e w d m a n o (6) perform any other functions as resources d m :

bThe eco-chairs dof sthe ºcommittee omay tdesignate nan =executive .218459.3SAAICcommittee February 19, 2021 (10:39pm) s k m e - 10 - e a n e d r e l u [ A d allow to enhanceconduct effortsbusiness toas reducenecessary. and prevent maternal mortality and severe maternal morbidity in the state.

SJCº H.»SJC SJCºI.»SJC The co-chairs of the committee may designate an executive committee to conduct business as necessary.

(3) monitor and support the activities of the full committee and recruit committee members for recommendation h to the administrative co-chair;

and g o t hr (4) make final decisions regarding:

g e i k (a) committee operations and rules;

h r i s (b) data analysis, data dissemination h , t, and evaluation based on findings and recommendations from the e u g e b l e e h full committee;

and n d d i = = o h (c) any other issues within the scope of l ] b ,d i a º e decisions that may be made by the committee pursuant to theSB r96 iPage =9 rthe t e w d m a n o Maternal Mortality and Morbidity Prevention Act that the full dcommittee mor :department deems necessary." SECTION 4.

b e d s º o t n = .218459.3SAAIC February 19, 2021 (10:39pm) s k m e - 11 - e a n e d r e l u [ A d committee or department deems necessary." SECTION 4.

ACCESS TO HEALTH INFORMATIONINFORMATION.-- [ABSTRACTOR SUBCOMMITTEE].-- A.

A health care provider, the office of the state medical investigator and the vital records and health statistics bureau of the department shall notify [the chief medical officer] operational staff of any incident of maternal mortality [or severe maternal morbidity ] within three months of the incident.

Except as otherwise provided by law, the [subcommittee ] clinical co-chair and operational staff may access medical records and other health information relating to an [incidence ] incident of maternal mortality [and severe maternal morbidity] at any time within five years from the date h of the [incidence ] incident.

At the request of the [chief g o t hr medical officer] clinical co-chair or operational staff with g e i k co-chairs or department approval, a health care provider, the h r i s office of the state medical investigator and the vital records h , t, and health statistics bureau of the department shall provide e u g e b l e e h medical records and other requested health information to the n d d i = = o h department relating to [each incidence ] an incident of maternal lmortality. ] b ,d i a º e mortality [and severe maternal morbidity for access by the r i = r t e w d m a n o subcommittee].

Upon the request of the [department] clinical dco-chair mor :operational staff, a law enforcement agency shall provide any report relating to an incident of maternal mortality to the department.

bA ehealth dcare sprovider ºor olaw tenforcement nagency =SB .218459.3SAAIC96 FebruaryPage 19,10 2021that (10:39pm)provides sa kmedical mrecord, ehealth -information 12or -report epursuant ato nthis esection dwith rreasonable ecare land uin [compliance Awith dthe co-chair or operational staff, a law enforcement agency shall providenot anybe reportheld relatingcriminally toor ancivilly [incidenceliable ]for incidentthat release of maternalinformation. mortality [and severe maternal morbidity ] to the [committee ] department.

A health care provider or law enforcement agency that provides a medical record, health information or report pursuant to this section with reasonable care and in compliance with the law shall not be held criminally or civilly liable for that release of information.

(1) any meeting, part of a meeting or activity h of the committee or [subcommittee ] its executive committee at g o t hr which data or other information [are ] is to be discussed and g e i k that may result in disclosure to the public of information h r i s protected by law;

and h , t, (2) except as may be necessary in furtherance e u g e b l e e h of the duties of the committee or in response to an alleged n d d i = = o h violation of a confidentiality agreement pursuant to Subsection l ] b ,d i a º e E of this section, any information, record, report, notes, r i = r t e w d m a n o memorandum or other data that the department or committee dobtains mpursuant :to the Maternal Mortality and Morbidity Prevention Act.

b e d s º o t n = .218459.3SAAIC February 19, 2021 (10:39pm) s k m e - 13 - e a n e d r e l u [ A d obtains pursuant to the Maternal Mortality and Morbidity Prevention Act.

[TheOnly chiefthe medicalclinical officerco-chair shalland appointoperational astaff three-membershall "abstractorcollect subcommittee"and ofhave theaccess committee, to bemedical chairedrecords, bylaw theSB chief96 medicalPage officer11 andenforcement composedreports of public health and clinicalvital healthrecords caredata providersto whosupport arethe memberswork of the full committee.

TheE. subcommittee shall meet at the call of the chief medical officer to review all medical records and documents related to each incident of maternal mortality and severe maternal morbidity that occurs in the state.

TheEach subcommitteecommittee member and qualified guest shall performsign a thoroughconfidentiality recordagreement abstractionthat toindicates obtainthe detailsmember's ofor incidencesqualified andguest's issuesadherence relating to maternalthe mortalityprovisions andof severethis maternalsection." morbidity.SECTION 5.

TheSection subcommittee24-32-5 shallNMSA prepare1978 an(being annualLaws report2019, forChapter the41, committeeSection that5) containsis de-identifiedamended data and analysis relating to maternalread: mortality and severe maternal morbidity.] Only [members of the h subcommittee] the clinical co-chair and operational staff shall g o t hr collect and have access to medical records, law enforcement g e i k reports and vital records data to support the work of the full h r i s committee.

h , t, E.

Each committee [and subcommittee] member and e u g e b l e e h qualified guest shall sign a confidentiality agreement that n d d i = = o h indicates the member's or qualified guest's adherence to the l ] b ,d i a º e provisions of this section." r i = r t e w d m a n o SECTION 5.

Section 24-32-5 NMSA 1978 (being Laws 2019, d m :

b e d s º o t n = .218459.3SAAIC February 19, 2021 (10:39pm) s k m e - 14 - e a n e d r e l u [ A d Chapter 41, Section 5) is amended to read:

RULEMAKING.--By December 31, [2019 ] 2021, the secretary of health shall adopt and promulgate amended rules to carry out the provisions of the Maternal Mortality and Morbidity Prevention Act." -SB 1596 -Page »12 g25 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 = .218459.3SAAIC February 19, 2021 (10:39pm) s k m e e a n e d r e l u [ A d