HEALTH CARE AFFORDABILITY FUND DISTRIBUTIONS

HAFC/HB 4/a
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AN ACT
RELATING TO HEALTH CARE AFFORDABILITY; ADJUSTING THE
DISTRIBUTIONS TO THE HEALTH CARE AFFORDABILITY FUND AND THE
BEHAVIORAL HEALTH PROGRAM FUND; REQUIRING UNEXPENDED MONEY IN
THE BEHAVIORAL HEALTH PROGRAM FUND TO REVERT TO THE HEALTH
CARE AFFORDABILITY FUND AT THE END OF A FISCAL YEAR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 7-1-6.69 NMSA 1978 (being Laws 2021,
Chapter 136, Section 1, as amended) is amended to read:
"7-1-6.69. DISTRIBUTION--HEALTH INSURANCE PREMIUM
SURTAX--HEALTH CARE AFFORDABILITY FUND--BEHAVIORAL HEALTH
PROGRAM FUND.--
A. A distribution pursuant to Section 7-1-6.1 NMSA
1978 shall be made to the health care affordability fund in
an amount equal to the following amounts of the net receipts
attributable to the health insurance premium surtax; provided
that if the rate of the health insurance premium surtax is
reduced pursuant to Subsection F of Section 7-40-3 NMSA 1978,
no distribution pursuant to this section shall be made:
(1) beginning September 1, 2025 and prior to
September 1, 2027, fifty-five percent;
(2) beginning September 1, 2027 and prior to
September 1, 2028, eighty percent; and
(3) beginning September 1, 2028, ninety-five
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percent.
B. Beginning September 1, 2028, a distribution
pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the
behavioral health program fund in an amount equal to five
percent of the net receipts attributable to the health
insurance premium surtax; provided that if the rate of the
health insurance premium surtax is reduced pursuant to
Subsection F of Section 7-40-3 NMSA 1978, no distribution
pursuant to this section shall be made."
SECTION 2. Section 24A-3-6 NMSA 1978 (being Laws 2025,
Chapter 2, Section 2) is amended to read:
"24A-3-6. BEHAVIORAL HEALTH PROGRAM FUND.--
A. The "behavioral health program fund" is created
in the state treasury. The fund consists of distributions,
appropriations, gifts, grants, donations and income from
investment of the fund. The health care authority shall
administer the fund. Money in the fund is subject to
appropriation by the legislature to provide money for
services and programs related to behavioral health,
including:
(1) mental health and substance misuse
treatment, intervention and prevention;
(2) necessary infrastructure, technology and
workforce supports that facilitate the delivery of behavioral
health services and programs;
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(3) matching funds for federal, local and
private money and grants related to behavioral health
services and programs;
(4) offsetting costs incurred to comply with
federal requirements related to behavioral health services
and programs; and
(5) implementation of regional behavioral
health plans throughout the state.
B. 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. Any unexpended
balance remaining at the end of a fiscal year shall revert to
the health care affordability fund."