A. The "health care delivery and access fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, transfers, gifts, grants, donations, bequests and income from investment of the fund. The authority shall administer the fund. Money in the fund is appropriated to the authority for the purposes of the fund provided in Subsection B of this section. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of health care authority or the secretary's authorized representative. B. Money in the health care delivery and access fund shall be used only for the following purposes: (1) at least ninety percent for the non-federal share of the medicaid-directed payment program; (2) not more than ten percent for the non-federal share of costs incurred by the authority to administer the Health Care Delivery and Access Act; and (3) for refunds to eligible hospitals, in proportion to the assessment amounts paid by the hospitals, if there is a final determination that the assessment is not a permissible source of non-federal medicaid program expenditures or if a substantial portion of the federal funding for the directed payments is disallowed. History: Laws 2024, ch. 41, § 4. Contingent effective dates. — Laws 2024, ch. 41, § 14, provided that the provisions of 24A-8-1 to 24A-8-7 NMSA 1978 shall become effective on the first day of the month subsequent to the health care authority receiving the necessary federal authorizations and approvals of waivers required to implement and administer the Health Care Delivery and Access Act. Upon this occurring, the secretary of health care authority shall immediately notify the New Mexico compilation commission, the director of the legislative council service and the secretary of taxation and revenue. Delayed repeals. — Laws 2024, ch. 41, § 13 repealed 24A-8-4 NMSA 1978, effective July 1, 2030. Compiler's notes. Laws 2024, ch. 41, § 1 was not enacted as part of the Health Care Code, but was compiled there for the convenience of the user. Temporary provisions. — Laws 2024, ch. 41, § 12 provided that no later than July 15, 2024, the secretary of the health care authority shall seek a waiver, a state plan amendment or federal authorization as necessary to implement the provisions of the Health Care Delivery and Access Act.
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