Chapter 13 — Chapter 13

The Public Works Mediation Act applies to all disputes related to the performance of a public works project. History: 1978 Comp., § 13-4C-3, enacted by Laws 1992, ch. 63, § 3.

A. Except as provided in Subsections B, C and D of this section, a person who seeks to resolve a dispute related to the performance of a public works project shall exhaust the mediation procedures set forth in the Public Works Mediation Act before seeking judicial relief in a cou…

A. An interested person may convene a mediation session for the purpose of resolving disputes related to the performance of a public works project. Mediation of a dispute related to the performance of a public works project shall take place within thirty days after an interested …

The mediation session shall be conducted at a neutral site that affords no advantage to any person attending the mediation session. The mediation session shall be held in the county where the public works project is located unless otherwise agreed to by all persons attending the …

Each interested person properly notified of a mediation session shall prepare a summary of his position relative to issues concerning a dispute related to the performance of a public works project. The summary shall not exceed four pages in length. The summary shall be provided t…

All interested persons or representatives of interested persons properly notified of a mediation session shall attend the session for a minimum of eight hours unless otherwise agreed to by all persons attending the session. An interested person or a representative of an intereste…

compromise. A. Following the completion of a mediation session, the mediator shall record any agreements entered into by persons during the session. Agreements shall be recorded in writing or by an audio or video tape recording; provided that all persons entering into the agreeme…

Chapter 13, Article 4D NMSA 1978 may be cited as the "Public Works Apprentice and Training Act". History: Laws 1992, ch. 74, § 1; 2007, ch. 200, § 15.

The purpose of the Public Works Apprentice and Training Act is to ensure funding, through contributions made by employers, to establish an apprenticeship program that will develop skilled building trades craftsmen in occupations recognized by the bureau of apprenticeship and trai…

As used in the Public Works Apprentice and Training Act: A. "approved apprentice and training programs" means building trades apprenticeship and training programs in New Mexico that are recognized by the office of apprenticeship of the employment and training administration of th…

A. The Public Works Apprentice and Training Act shall be administered by the workforce solutions department. The department shall collect employers' contributions in accordance with that act, review employers' compliance statements, review certified payroll reports to verify trai…

There is created the "public works apprentice and training fund" in the workforce solutions department. Money in the fund shall be distributed in the following manner: A. no more than fifteen percent of the funds may be used by the workforce solutions department to hire staff to …

A. An employer's contribution requirement under the provisions of the Public Works Apprentice and Training Act shall be included with all minimum wage determinations issued by the workforce solutions department on all public works construction projects. The department shall provi…

An employer who willfully and knowingly fails to comply with the requirements of the Public Works Apprentice and Training Act shall be subject to the following penalties: A. a noncomplying employer shall pay a civil penalty of ten dollars ($10.00) for every calendar day of noncom…

An alleged noncomplying employer may appeal any of the penalties imposed upon him under the provisions of Section 7 of the Public Works Apprentice and Training Act by seeking an appeal as provided under the provisions of Section 13-4-15 NMSA 1978. History: Laws 1992, ch. 74, § 8.…

of state agencies; public property reserve fund created. A. The risk management division of the general services department shall purchase a blanket insurance policy for public buildings of state agencies against loss or damage by fire, windstorm, hail, smoke, explosion, riot or …

ANNOTATIONS Repeals. — Laws 1978, ch. 166, § 17, repealed 6-1-4.1, 1953 Comp. (13-5-2 NMSA 1978), relating to insurance and reserves for losses as to public property of institutions of higher education, effective March 31, 1978.

losses. A. Local public bodies shall purchase insurance for public buildings under their control against loss or damage by fire, windstorm, hail, smoke, explosion, riot or civil commotion in an amount not less than eighty percent of the replacement cost or actual cash value of th…

insurance program. A. The homeland security and emergency management department, as the state coordinating agency for the national flood insurance program, is designated as the state agency responsible for compliance oversight of that program and shall adopt rules to implement st…

personal property. A. The governing authority of each state agency, local public body and school district may dispose of any item of tangible personal property belonging to that authority and delete the item from its public inventory upon a specific finding by the authority that …

authority to sell or dispose of property; approval of appropriate approval authority. A. Providing a written determination has been made, a state agency, local public body or school district may sell or otherwise dispose of real or tangible personal property belonging to the stat…

A. Except for sales, trades or leases approved pursuant to Section 13-6-3 NMSA 1978, any sale, trade or lease of real property belonging to a state agency, local public body or school district for more than five years or for a consideration of more than one hundred fifty thousand…

approval of legislature; exceptions. A. Any sale, trade or lease for a period exceeding twenty-five years in duration of real property belonging to any state agency, which sale, trade or lease shall be for a consideration of five hundred fifty thousand dollars ($550,000) or more,…

As used in Chapter 13, Article 6 NMSA 1978: A. "local public body" means all political subdivisions of the state, including their agencies, instrumentalities and institutions, and includes community colleges but excludes municipalities and school districts; B. "state agency" mean…

first refusal. A. Notwithstanding the provisions of Section 13-6-2 or 67-3-8.2 NMSA 1978, a state agency shall give the board of trustees of a community land grant governed pursuant to the provisions of Chapter 49, Article 1 NMSA 1978 or by statutes specific to the named land gra…

A. The "surplus property bureau" is created in the transportation services division of the general services department. The surplus property bureau is designated as the New Mexico agency responsible for distribution of federal surplus personal property, excepting food commodities…

A. The "surplus property fund" is created as a nonreverting fund in the state treasury. The fund consists of money received from the sale of surplus property by the surplus property bureau of the transportation services division of the general services department. The surplus pro…

The surplus property bureau of the transportation services division of the general services department may dispose of tangible personal property, except property acquired from the United States government, by advertising the availability of the property as follows: A. for the fir…

Chapter 13, Article 7 NMSA 1978 may be cited as the "Health Care Purchasing Act". History: Laws 1997, ch. 74, § 1; 2003, ch. 391, § 1.

A. Group health care coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for a hearing aid and any related service for the full cost of one hearing aid per hearing-impaired ear up to two thousand t…

clinical trials. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage pursuant to Section 59A-22-43 NMSA 1978 for routine patient care costs incurred as a result of the patient's partic…

limits on patient costs. A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that provides coverage for cancer treatment shall provide coverage for a prescribed, orally administered anticancer medication …

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that provides coverage for prescription eye drops shall not deny coverage for a renewal of prescription eye drops when: (1) the renewal is requested by …

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for services provided via telemedicine to the same extent that the group health plan covers the same services when those services…

requirements. A. As of January 1, 2014, group health coverage, including any form of self- insurance, offered, issued or renewed under the Health Care Purchasing Act that provides coverage for prescription drugs categorized or tiered for purposes of cost- sharing through deductib…

treatment; permissible limitations. A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for: (1) well-baby and well-child screening for diagnosing the presence of autism spectrum di…

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a prescription drug benefit shall allow an enrollee to fill or refill a prescription for less than a thirty-day supply of the prescription d…

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a prescription drug benefit shall reimburse community-based pharmacy providers as follows: (1) for the ingredient cost of a prescription dru…

clinical review criteria; exceptions. A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that provides coverage for prescription drugs for which any step therapy protocols are required shall establish cl…

ultrasounds prohibited. A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that provides coverage for gynecological or obstetrical ultrasounds shall not require prior authorization for gynecological or o…

The purpose of the Health Care Purchasing Act is to ensure public employees, public school employees and retirees of public employment and the public schools access to more affordable and enhanced quality of health insurance through cost containment and savings effected by proced…

Benefits administrators of group health coverage, including any form of self- insurance, offered, issued or renewed under the Health Care Purchasing Act are subject to and shall comply with the Prior Authorization Act [59A-22B-1 to 59A-22B-5 NMSA 1978]. History: Laws 2019, ch. 18…

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers coverage of physical rehabilitation services shall not impose a member cost share for physical rehabilitation services that is greater than …

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that provides coverage for prescription drugs shall provide, at a minimum, the following coverage: (1) at least one product or form of contraception in …

parity. A group health plan shall reimburse a participating provider that is a certified pharmacist clinician or pharmacist certified to provide a prescriptive authority service who provides a service at the standard contracted rate that the group health plan reimburses, for the …

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for eligible insureds to receive a heart artery calcium scan. B. Coverage provided pursuant to this section shall: (1) be limited…

diabetes; cost-sharing cap. A. Group health care coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall cap the amount an insured is required to pay for a preferred formulary prescription insulin drug or a medically n…

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers coverage of behavioral health services shall not impose cost sharing on those behavioral health services in network. B. For the purposes of …

A. Group health coverage, including self-insurance, offered, issued, amended, delivered or renewed under the Health Care Purchasing Act that provides coverage for diagnostic and supplemental breast examinations shall not impose cost sharing for diagnostic and supplemental breast …

and coinsurance. A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers coverage of the services of a chiropractic physician shall not impose a copayment or coinsurance on those chiropractic phys…