New Mexico’s healthcare system is currently facing access issues as 1 in 3 residents is enrolled in Medicaid, the highest rate in the country. In 2014, Think New Mexico, a bipartisan group based out of Santa Fe, launched an initiative to support transparency in healthcare, proposing a law that would require hospitals to create a single pricelist for all payers and to forbid insurers from including price gag clauses in contracts with providers.
In the 2019 legislative term, the most notable legislation passed was the Surprise Billing Protection Act (HB 207/SB 337), which requires a provider to refund to the covered person the amount paid in excess of the in-network cost-sharing amount within forty-five calendar days of receipt of payment.
In the 2018 legislative term, New Mexico introduced several bills aimed at promoting price transparency and cost control. In its renewed efforts to establish an All-Payer Claims Database (APCD), the state introduced SB 191, which would appropriate funds to the Department of Health to fund planning for an APCD. A bill to create a task force to study and issue recommendations for the creation of an APCD was passed by the New Mexico legislature in 2013, but was killed by a pocket veto from Republican Governor Susana Martinez. New Mexico also introduced a legislation to establish an interagency pharmaceuticals purchasing council that would review and coordinate cost-containment strategies. Both bills failed to pass at the end of the 2018 session.
The State Database
The Source tracks state activities impacting healthcare price and competition in both legislation and litigation in a searchable database to help stakeholders at the state level understand their legal and regulatory environment as they make efforts to improve access, quality, and efficiency, and reduce costs in healthcare.
LEGISLATION: The Database of State Laws Impacting Healthcare Cost and Quality (SLIHCQ), created by The Source on Healthcare Price & Competition and Catalyst for Payment Reform, catalogues state legislation governing price transparency, provider market power, provider payment, provider networks, and benefit design. The database also includes pharmaceutical legislation beginning in the 2017-2018 legislative session. *Note: Current legislative session bill updates are ongoing. Check back weekly for updates.
LITIGATION: The Source tracks major litigation and antitrust enforcement action by federal entities (FTC or DOJ), state attorney generals, and private parties in the main provider and insurer markets, particularly legal challenges of healthcare consolidation and anticompetitive contract provisions. Additionally, the database contains major pharmaceutical cases including legislation challenges and significant appellate cases.
Search the database across all jurisdictions on the State Overview page, or view and filter existing legislation or litigation on individual state pages. The database allows customized search and filter by keyword, status, and/or key issue category. *Multiple filter/selections enabled. Click here for User Guide.
LEGISLATIVE CALENDARNew Mexico’s latest legislative term ran from 1/15/2019 – 3/16/2019. New Mexico’s 2020 legislative term will convene from 1/21/2020 – 2/20/2020.
FY 2020 BUDGETNew Mexico’s fiscal year begins on July 1 and ends on June 30. New Mexico enacted its FY 2020 Budget during the 2019 regular legislative session. To view New Mexico’s FY 2020 Budget, click here.
REGULATION & ENFORCEMENT
- New Mexico was one of 16 states to file an amicus brief supporting the FTC’s winning position in the Ninth Circuit appeal of St. Luke’s Health Care Sys. v. FTC, No. 14-35173 (March 7, 2014), decided February 10, 2015. The States’ brief stated that the acceleration of health care costs due to the growth of large health care provider systems had become a matter of grave concern for the states.