NMSA 1978, § 7-41-4 — 7-41-4

Health care quality surcharge; rate calculation; date
payment due.

# A.

A surcharge is imposed on each health care facility. The surcharge shall be per
day for each non-medicare bed day. The rate of the surcharge shall be annually
calculated by the human services department [health care authority department]
pursuant to Subsection B of this section.

# B.

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
[health care authority department] shall calculate the rate of the surcharge to be paid by
each health care facility during the subsequent fiscal year and shall notify the taxation
and revenue department and each such health care facility of the applicable rates. In
calculating the rates, the human services department [health care authority department]
shall:
(1) set a uniform rate per non-medicare day in health care facilities not to
exceed the maximum allowed by federal law governing the approval of the state
medicaid plan or any waiver from that plan;
(2) structure the rates for each skilled 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 received in the aggregate by
those health care facilities in the previous calendar year; and
(3) structure the rates for each intermediate care facility for individuals with
intellectual disabilities so that the total estimated revenue received in the subsequent
fiscal year from all those facilities will equal six percent of the net revenue received in
the aggregate by all those facilities in the previous calendar year.

# C.

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
allowed by Section 1903(w)(4) 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 equal, but not exceed, the maximum percentage allowed by
that federal law.

# D.

If the rate of net revenue provided in Paragraph (3) of Subsection B of this
section results in medicaid fee-for-service and medicaid managed care reimbursement
rates that exceed the upper payment limits allowed by Section 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 rates that equal, but do not exceed, those limits.

# E.

No later than thirty days following the effective date of the Health Care Quality
Surcharge Act, a health care facility shall report to the human services department
[health care authority 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 each of the most recent four calendar quarters available. On each January 1,
April 1, July 1 and October 1 thereafter, a health care facility shall report to the human
services department [health care authority 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 calendar quarter prior to the previous quarter.

# F.

The surcharge imposed pursuant to this section may be referred to as the "health
care quality surcharge". Health care quality surcharge payments are due quarterly by
the twenty-fifth day of the month subsequent to the end of each calendar quarter based
upon the non-medicare bed days reported on the most recently filed calendar quarter
report required pursuant to Subsection E of this section. Initial health care quality
surcharge payments shall be based upon the non-medicare bed days reported on the
most recently filed calendar quarter report required pursuant to Subsection E of this
section closest to the effective date of the Health Care Quality Surcharge Act.