HB 4

1AN ACT
2  RELATING TO HEALTH CARE AFFORDABILITY; ADJUSTING THE
3  DISTRIBUTIONS TO THE HEALTH CARE AFFORDABILITY FUND AND THE
4  BEHAVIORAL HEALTH PROGRAM FUND; REQUIRING UNEXPENDED MONEY IN
5  THE BEHAVIORAL HEALTH PROGRAM FUND TO REVERT TO THE HEALTH
6  CARE AFFORDABILITY FUND AT THE END OF A FISCAL YEAR.
7
8  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
9SECTION 1.    Section 7-1-6.69 NMSA 1978 (being Laws 2021,
10 Chapter 136, Section 1, as amended) is amended to read:
11      "7-1-6.69.    DISTRIBUTION--HEALTH INSURANCE PREMIUM
12 SURTAX--HEALTH CARE AFFORDABILITY FUND--BEHAVIORAL HEALTH
13 PROGRAM FUND.--
14A.   A distribution pursuant to Section 7-1-6.1 NMSA
15 1978 shall be made to the health care affordability fund in
16 an amount equal to the following amounts of the net receipts
17 attributable to the health insurance premium surtax; provided
18 that if the rate of the health insurance premium surtax is
19 reduced pursuant to Subsection F of Section 7-40-3 NMSA 1978,
20 no distribution pursuant to this section shall be made:
21(1)   beginning September 1, 2025 and prior to
22 September 1, 2027, fifty-five percent;
23(2)   beginning September 1, 2027 and prior to
24 September 1, 2028, eighty percent; and
25(3)   beginning September 1, 2028, ninety-five   HAFC/HB 4/a
                                                                    Page 1
1  percent.
2B.   Beginning September 1, 2028, a distribution
3  pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the
4  behavioral health program fund in an amount equal to five
5  percent of the net receipts attributable to the health
6  insurance premium surtax; provided that if the rate of the
7  health insurance premium surtax is reduced pursuant to
8  Subsection F of Section 7-40-3 NMSA 1978, no distribution
9  pursuant to this section shall be made."
10      SECTION 2.     Section 24A-3-6 NMSA 1978 (being Laws 2025,
11 Chapter 2, Section 2) is amended to read:
12      "24A-3-6.     BEHAVIORAL HEALTH PROGRAM FUND.--
13A.   The "behavioral health program fund" is created
14 in the state treasury.     The fund consists of distributions,
15 appropriations, gifts, grants, donations and income from
16 investment of the fund.     The health care authority shall
17 administer the fund.     Money in the fund is subject to
18 appropriation by the legislature to provide money for
19 services and programs related to behavioral health,
20 including:
21(1)   mental health and substance misuse
22 treatment, intervention and prevention;
23(2)   necessary infrastructure, technology and
24 workforce supports that facilitate the delivery of behavioral
25 health services and programs;  HAFC/HB 4/a
                                                                     Page 2
1(3)   matching funds for federal, local and
2  private money and grants related to behavioral health
3  services and programs;
4(4)   offsetting costs incurred to comply with
5  federal requirements related to behavioral health services
6  and programs; and
7(5)   implementation of regional behavioral
8  health plans throughout the state.
9B.   Expenditures from the fund shall be by warrant
10 of the secretary of finance and administration pursuant to
11 vouchers signed by the secretary of health care authority or
12 the secretary's authorized representative.   Any unexpended
13 balance remaining at the end of a fiscal year shall revert to
14 the health care affordability fund."  HAFC/HB 4/a
                                                                  Page 3
15
16
17
18
19
20
21
22
23
24
25