N.M. Stat. § 59A-1-NEW

Current through 2024, ch. 69

Section 59A-1-NEW - [Effective ninety days after adjournment] [Repealed Effective 7/1/2025] Definitions

As used in the Health Care Consolidation Oversight Act;

A. "acquisition" means an agreement or activity the consummation of which results in a person acquiring, directly or indirectly, the control of a hospital in New Mexico and includes the acquisition of voting securities, membership interests, equity interests or assets;

B. "affiliation" means a business arrangement in which one person directly or indirectly is controlled by, is under common control with or controls another person;

C. "authority" means the health care authority department;

D. "control" means the power to direct or cause the direction of the management and policies of a hospital, whether directly or indirectly, including through the ownership of voting securities, through licensing or franchise agreements or by contract other than a commercial contract for goods or nonmanagement services, unless the power is the result of an official position with or corporate office held by an individual;

E. "essential services" means health care services covered by the state medicaid program, health care services that are required to be included in health plans pursuant to state or federal law and health care services that are required to be included in qualified health plans offered through the New Mexico health insurance exchange;

F. "health care provider" means a person qualified or licensed under state law to perform or provide health care services;

G. "health insurer" means a person required to be licensed or subject to the Insurance Code in connection with the business of health insurance or health care;

H. "hospital" means a hospital licensed by the department of health or its successor health facility licensing agency, but "hospital" does not include a state university teaching hospital or a state-owned special hospital;

I. "management services organization" means a person that provides all or substantially all of the administrative or management services under contract with a hospital, including administering contracts with health plans, third-party administrators and pharmacy benefit managers, on behalf of the hospital;

J. "office" means the office of superintendent of insurance;

K. "party" means a person taking part in a transaction subject to the Health Care Consolidation Oversight Act;

L. "person" means an individual, association, organization, partnership, firm, syndicate, trust, corporation or other legal entity;

M. "superintendent" means the superintendent of insurance; and

N. "transaction" means any of the following:

(1) a merger of a hospital in New Mexico with another hospital;

(2) an acquisition of one or more hospitals in New Mexico;

(3) any affiliation or contract or other agreement that results in a change of control of a hospital in New Mexico, including with a management services organization or health insurer;

(4) a formation of a new corporation, partnership, joint venture, trust, parent organization or management services organization that results in a change of control of an existing hospital in New Mexico; and

(5) a sale, purchase, lease, new affiliation or any agreement that results in control of a hospital in New Mexico.

NMS § 59A-1-NEW

Repealed by 2024, c. 40,s. 9, eff. 7/1/2025.

Added by 2024, c. 40,s. 2, eff. ninety days after adjournment.