A. The publicly funded health care agencies, political subdivisions and other persons participating in the consolidated purchasing single process pursuant to the Health Care Purchasing Act may enter into a joint powers agreement pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] with the publicly funded health care agencies and political subdivisions to determine assessments or provisions of resources to consolidate, standardize and administer the consolidated purchasing single process and subsequent activities pursuant to the Health Care Purchasing Act. The publicly funded health care agencies, political subdivisions and other persons participating in the consolidated purchasing single process pursuant to the Health Care Purchasing Act may enter into contracts with nonpublic persons to provide the service of determining assessments or provision of resources for consolidation, standardization and administrative activities.

B. Each agency shall retain its responsibility to determine policy direction of the benefit plans, plan development, training and coordination with respect to participants and its benefits staff, as well as to respond to benefits eligibility inquiries and establish and enforce eligibility rules.

C. Notwithstanding Subsection B of this section, publicly funded health care agencies, political subdivisions and other persons participating in the consolidated purchasing single process pursuant to the Health Care Purchasing Act shall provide coverage for children, from birth through three years of age, for or under the family, infant, toddler program administered by the early childhood education and care department, provided eligibility criteria are met, for a maximum benefit of three thousand five hundred dollars ($3,500) annually for medically necessary early intervention services provided as part of an individualized family service plan and delivered by certified and licensed personnel who are working in early intervention programs approved by the early childhood education and care department. No payment under this subsection shall be applied against any maximum lifetime or annual limits specified in the policy, health benefits plan or contract.

History: Laws 2001, ch. 351, § 3; 2005, ch. 157, § 1; 2019, ch. 48, § 14.

The 2019 amendment, effective July 1, 2020, required publicly funded health agencies participating in the consolidated purchasing single process pursuant to the Health Care Purchasing Act to provide health coverage for eligible children under the family, infant, toddler program administered by the early childhood education and care department; deleted former Subsections A and B, which related to expired deadlines for certain publicly funded health care agencies, and redesignated former Subsections C through E as Subsections A through C, respectively; in Subsection B, after "Each agency", deleted "will" and added "shall"; and in Subsection C, after "family, infant, toddler program administered by the", added "early childhood education and care", after "department", deleted "of health", after "personnel", deleted "as defined in 7.30.8 NMAC", after "early intervention programs approved by the", added "early childhood education and care", and after "department", deleted "of health".