Review of proposed transaction

A. Within one hundred twenty days of receiving a complete notice of a proposed transaction, the authority shall complete a review, confer with the office and either: (1) approve the proposed transaction; (2) approve the proposed transaction with conditions; or (3) disapprove the proposed transaction. B. The secretary shall notify the submitting party in writing of the authority's determination and the reasons for the determination. C. The review period may be extended if the parties agree to an extension. D. In conducting a review of a proposed transaction, the authority may consider the likely effect in New Mexico of the proposed transaction on: (1) the potential reduction or elimination in access to essential services; (2) the availability, accessibility and quality of health care services to the area affected by the transaction; (3) the health care market share of a party and whether the transaction may foreclose competitors of a party from a segment of the market or otherwise increase barriers to entry in a health care market; (4) changes in practice restrictions for health care providers who work at the hospital; (5) patient costs, including premiums and out-of-pocket costs; (6) health care provider networks; (7) the potential for the proposed transaction to affect health outcomes for New Mexico residents; and (8) current and future wages, benefits, working conditions, employment protections and restrictions and other terms and conditions of employment for employees of hospitals or health care provider organizations that are parties to or the subject of the proposed transaction. E. The authority shall approve the proposed transaction after the review if the authority determines that: (1) the parties to the proposed transaction have demonstrated that the transaction will benefit the public by: (a) reducing the growth in patient costs, including premiums and out-of-pocket costs; or (b) maintaining or increasing access to services, especially in medically underserved areas; (2) the proposed transaction will improve health outcomes for New Mexico residents; and (3) there is no substantial likelihood of: (a) a significant reduction in the availability, accessibility, affordability or quality of care for patients and other consumers of health care services; or (b) anti-competitive effects from the proposed transaction that outweigh the benefits of the transaction. History: Laws 2024, ch. 40, § 7; 1978 Comp., § 59A-63-7, recompiled and amended as § 24A-9-7 by Laws 2025, ch. 50, § 8.