Since the beginning of the coronavirus outbreak in New Mexico, media attention has rightly focused on two things: the health statistics of COVID-19 and the economic impact to our state.

Because our economy is intricately tied to the oil and gas industry, the industry’s plight is not far behind in terms of sympathetic media coverage. But lost in the coverage is a far more dangerous crisis that has been brewing even before the pandemic: the devastating impacts of the oil and gas industry on New Mexicans’ health.

More than 130,000 New Mexicans live within a half-mile of oil and gas development, and for decades we have known those living close to constant pollution suffer from higher rates of cancer, birth defects, asthma and other serious health issues. The double impact of these pollution health issues and the severe impacts from COVID-19 means strong regulations on the oil and gas industry are more important than ever.

This year, Gov. Michelle Lujan Grisham’s administration released a set of draft rules to limit harmful methane and ozone pollution from oil and gas production in New Mexico.

The rules are a good first step for methane regulation, but the exemptions they contain mean they might not be effective at lowering emissions and protecting the air we breathe. Exemptions for stripper wells and the 15-ton-per-year pollution threshold for volatile organic compounds, for example, would exempt 95 percent of all the wells in New Mexico — huge loopholes.

As a result, these regulations fail communities that have been hardest hit by the pandemic, and once again public health impacts are being pushed to the back burner.

Last year, a group of concerned Carlsbad residents began meeting to discuss the impact of oil and gas in their town. The latest methane emissions data from the Permian Basin are the highest ever recorded. New Mexico already had a methane waste problem that costs the state millions of dollars in revenue, but it is getting worse.

Even though our state is a large oil and gas producer, we have had limited regulations on how to handle methane waste. We have needed these rules and regulations, but the industry has fought against them tooth and nail, arguing that they can regulate themselves.

In the meantime, local communities are left to fend for themselves. For example, the organization Citizens Caring for the Future filed 67 complaints to the New Mexico Environment Department between March 2018 and 2020. Most were met with silence, it said. The group’s plight is further documented in a video released recently by the nonprofit Climate Advocates Voces Unidas; we do well to listen to New Mexicans’ stories and do more to protect their health.

With the recent plunge in oil and gas tax revenue, we know the governor and Legislature face tough challenges. As they work to support our public health system, they should remember that New Mexicans are in desperate need of protection from methane and ozone — during and beyond the pandemic.

We call on the governor and state regulators to disregard the pushback from the oil and gas industry and be vigilant in enforcing strong regulations to protect the health of all New Mexicans — and call on the Legislature to back them up. As the coronavirus pandemic continues, and well after it is over, we must pay closer attention to the needs of citizens living near oil and gas development, especially those in rural communities and tribal lands where health systems already are stretched thin. If we do not, this will only claim more lives and rob the health of our citizens.

Climate change poses a serious and present risk to public health. We recently held a webinar (available here) about the risks that New Mexico faces if pollution and climate change are allowed to go unchecked. New Mexico's state and local government has committed to make changes to how we handle oil and gas pollution, but  new proposed rules would exempt the majority of polluters from any new regulation. Five counties in New Mexico are within 95% of the National Ambient Air Quality Standards and without effective action at the state level, New Mexico may face strict regulation from the federal government. We encourage you to submit a public comment on these draft rules before the end of the comment period tomorrow, September 16th, 2020.

NMED Air Quality Bureau: nm.methanestrategy@state.nm.us

EMNRD Oil Conservation Division: EMNRD.WasteRule@state.nm.us

If you would like guidance on a comment, we at Health Action New Mexico have the following recommendations:

For the New Mexico Environmental Department: Please remove loopholes that would exempt the vast majority of wells from leak detection and repair. This is unacceptable. Please remove the exemption for stripper wells and the 15 tons per pear pollution threshold for volatile organic compounds.

For the Energy, Minerals, and Natural Resources Department: Please set the requirement for gas capture  by locality either by county or basin.  If not, companies operating in multiple localities could just elect one locality and disproportionately affect one or the other basins in NM and will not reach the 98% capture goal set by the NM Oil Conservation Division.

Full slides for the webinar are available at: https://drive.google.com/file/d/16ZsqDJdQscO8ig7LIDH1kQ7sJeUXld3Q/view?u...

Full video of the webinar is here: https://www.youtube.com/watch?v=GtPcEXSyVc0

Included below is a text transcript of the slides from the webinar presenters:

Impacts of Climate Change across New Mexico

Dave DuBois

New Mexico State Climatologist

There’s no doubt that we’re warming

Temperature trend per decade in summer (JJA) since 1970 by climate division

Data source: https://www.ncdc.noaa.gov/cag/

Recent Observations of Change

Temperatures of last decade were warmest of this century

Morning lows getting warmer on top of urban heat island (not all locations)

Longer growing season, more allergens

Freezing level higher in elevation

Dust storms not only affecting human health but slowly changing snowmelt timing

Climate Change in the West

Warmer – sure bet (happening)

Hotter/longer heatwaves – sure bet (happening)

Less snow – excellent odds (happening)

Drier soils – excellent odds (happening)

Less late winter snow/rain – good odds (happening)

Less water in rivers – good odds (happening)

More frequent/severe drought – good odds

Hotter drought – excellent odds (happening)

Water Resources

Declines in snowpack

Less water available for agricultural users

More rain than snow during winter

Earlier snowmelt

Lower soil moisture in the summer

Impacts to Agriculture

Higher evapotranspiration, stress on plants, higher water needs

Lack of forage during hotter and drier droughts

Forage quality could change negatively

Costs of hauling water and supplemental feed

Higher water requirements for animals during heat waves

Reliability of existing water sources threatened

Health Concerns with Changing Climate

Heat waves – increased probabilities, higher overnight temperatures

Allergens – earlier & longer frost-free season, longer allergy season

Wildfires – frequency and size to increase; fine particulates or smoke to increase, impacts large areas & can be transported long distances

Drought – increases concentrations of pathogens, impedes hygiene

Drinking water – impacting surface water storage

Health Effects of Air Pollutants in Las Cruces

Using data from Memorial Medical Center 2007-2010 linking air pollutants in Las Cruces with emergency room visits (Rodopoulou et al. 2014)

12.4% increase in cardiovascular ER visits for PM10 for all adults in the warm season (April-September)

5.2% increase in respiratory ER visits for PM2.5 excluding high wind days

Heat-related Illnesses

Mild symptoms to life-threatening conditions

Heat cramps

Heat exhaustion

Heat stroke

Death

Most frequent weather-related cause of injury and death in the United States

Expected to increase, as extreme heat events are expected to become more common and more severe

US Electricity Generation

Electrical Generation in US

Our direction forward

Opportunities for new solar plants both PV and concentrating solar

Expand wind energy sector

Expand residential, commercial and governmental rooftop solar

Also need to utilize geothermal resources

Electrify transportation powered by renewable energy

Develop comprehensive state-wide resilience and adaptation plans

Dr. Dave DuBois

State Climatologist
New Mexico State University

@nmclimate

Environmental Justice & Public Health: 
The View from the Navajo Nation

Adella Begaye – Diné CARE

Education and nursing

Heath Educator, BSN and Public Health, Public Health Administrator

Tribal health educator, pediatric nursing, OPD supervisor-infection control, specialty nursing – ICN and safety, PHN supervisor/director, 30 years in Commission Corps

COVID-19 shines light on air quality

Air pollution exacerbates lung and heart disease.

CDC warns underlying health conditions increase risk of COVID-19 complications, adverse outcomes.

We must protect our health and climate in this time of crisis.

Native Americans disproportionately impacted by oil and gas pollution


Navajo leaders and community members call on state and federal govt to limit oil and gas pollution, clean up our air.

Ozone pollution from methane emissions threatens all New Mexicans, but disproportionately impacts children, Native Americans and those living in poor, rural communities.

More than half of all Native Americans in San Juan County – about 24,600 people – live within a mile of a wellsite.

Health impact assessment

Health impact assessment conducted in Counselor, Torreon and Ojo Chapters of Navajo Nation.

Possible childhood and birth impacts due to exposure to well emissions.

80% of Counselor residents reported exposure to VOCs.

Long-term VOC impacts include liver, kidney and nervous system damage.

Climate change threatens Navajo communities, demands action

Climate change means less water and more heat waves, is a potential public health crisis.

30% of Navajo residents lack municipal water, 40% lack electricity.

Must stop emissions at the source to cut pollution, protect health.

Strong methane rule in NM is critical for climate and environmental justice.

Public Action for Climate and Our Health in New Mexico

Barbara Webber Executive Director

NM’s air quality is deteriorating!

The America Lung Association (ALA)’s recent report gave Eddy, Lea and San Juan counties failing grades for ozone pollution and high ozone days.

Nearby counties did not fare much better.

The 5 NM counties home to  97% of the state’s oil and gas are all at risk for violating the federal clean air standards.

Source: http://www.stateoftheair.org/city-rankings/states/new-mexico/  https://www.env.nm.gov/air-quality/ozone/

Ozone pollution poses a serious health threat, especially for children, elders, and rural communities of color.

Oil and gas is responsible for 300,000 metrics tons of the compounds that turn into ozone smog every year.

An extensive body of scientific research, including by the US Environmental Protection Agency demonstrates a causal or likely causal relationship between ozone exposure and respiratory distress, heart problems, premature death, strokes and neurological effects. 

Especially troubling given our current public health crisis and the CDC findings of the CDC that those with underlying respiratory and heart conditions are at great risk for worse outcomes of COVID-19

Data sources: https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-...

In NM, 138,399 people live within ½ mile of 55,227 oil & gas facilities as do 99 schools and child care centers.

Protecting our children’s health.

Asthma is now the most common non communicable disease in children in the US.  In NM our asthma rate is higher than the national rate

The highest ER visits and admissions due to asthma are in the Southeastern part of NM. 

Studies have found that living close to oil & gas facilities:


Increases risk of congenital birth defects by 40 – 70%

Increases low weight and pre-term babies 40% & 20%

Increases life time risk of cancer by 8 times.

Source: https://ehp.niehs.nih.gov/doi/10.1289/EHP5842

https://www.aspph.org/colorado-study-living-near-oil-and-gas-facilities-may-have-higher-health-risks/

Oil and Gas Operations Leak, Vent and Flare methane into the air.

Methane is the principal component of natural gas.

Methane is a powerful greenhouse gas responsible for more than a 25% of climate change.

NM is home to some of worst methane pollution in the US.

Methane escapes from wells in the Permian Basin at a rate 3 times higher than the national average.

Source: https://www.permianmap.org/

New Mexico and Methane

NM leaks more than than 1 million metric ton of methane into the air every year – the equivalent of the carbon produced by 22 coal fired power plants

A massive methane hotspot was discovered over the San Juan Basin by satellite, equivalent to the size of the state of Rhode Island

Source: https://naturalresources.house.gov/media/press-releases/after-new-mexico-witnesses-speak-out-against-health-environmental-impacts-of-runaway-oil-and-gas-industry-chair-grijalva-eyes-new-federal-limits

Volatile organic compounds are gases released alongside methane as the key ingredient of smog or ozone

Benzene is of these gases which is a known carcinogen as well as others that cause serious neurological disorders.

Exposure of even 1 hour can cause cardiac arrythmias.

Source:  https://www.ncbi.nlm.nih.gov.pubmed/234066673 

Adding insult to injury, the Trump administration has accelerated its campaign against environmental and health regulation.

Just this month, the EPA gutted federal methane regulations.

This follows three years of rolling back to environmental regulations.

The Good News: oil and gas developers have solutions at their disposal:

Infrared cameras to find and fix leaks

Companies can install state of the art technologies that emit little or no air emissions

Companies can develop gas capture plans before development so air and methane emissions are not an afterthought

Gov. Lujan Grisham: Climate change a core issue of her administration



As Gov. Lujan Grisham outlined in her 2019 Executive Order on Addressing Climate Change and Energy Waste Prevention, climate change creates new risks and exacerbates existing vulnerabilities in communities across New Mexico and presents growing challenges for human health and safety, quality of life and the rate of economic growth.

The state is committed to a coordinated, interagency strategy to support the 2015 Paris Agreement goals and achieve a statewide reduction in greenhouse gas emissions of at least 45 percent by 2030 as compared to 2005 levels.

NM Air Pollution and Methane Draft Rules

While we appreciate the hard work that NMED and EMNRD have done to date, the agencies must make critical changes to close loopholes and eliminate exemptions in their draft air pollution and methane rules.

Email comments to:

NMED draft rule

NMED Air Quality Bureau:

EMNRD draft rule

Oil Conservation Division:

Call to Action: what can you do???


LEARN MORE!!!

Let candidates for office and your local, state and federal representatives know that combatting climate change is a critical issue for you and your family.

Follow the state process of regulating methane. Public Comment needed by Sept 16.

Call for comprehensive strategies to set state carbon limits and require significant reductions in greenhouse gas emissions in ALL SECTORS in NM.

At this time, it is important that everyone have access to healthcare that offers them the coverage that they need at an affordable rate. With congress meeting to discuss further actions for COVID, these are Health Action New Mexico’s recommendations for federal COVID relief.

• Create a Special Enrollment Period (SEP) during the entirety of the pandemic period.  This will get more people enrolled especially as spikes and surges see even more people losing coverage.
• Protect consumers for all Covid-19 related medical debt during the state of emergency and 90 days after should be consumer protected including a one year prohibition on collection, a one year-prohibition on credit reporting, a one year extension on appeal federal and state insurance appeal deadlines and a prohibition on interest related to these debts.  At this time, it is important that all people be provided the resources that they need to stay safe and healthy. The last thing they should worry about is medical bills, especially as the overall economy is on a downward trajectory. According to a study published in the National Center for Biotechnology Information, “​problems paying medical costs are associated with higher credit card debt, more calls from bill collectors, increased bankruptcy rates[1], and diminished access to care.” 
• Invest $5 billion in state and local public health infrastructure. 
• Improve prevention, identification, and treatment of Covid-19 among incarcerated people and those held in ICE detention centers, including staff and all employees by creating mandated Covid-19 prevention and treatment standards with federal accountability. Fund expanded screening and community providers with infectious disease expertise to provide treatment in these facilities. In New Mexico, federal detention and prison facilities have been continuous hotspots with hundreds of cases bringing ongoing community spread into their communities.  The state has donated their own testing equipment to encourage addressing the issue but has no jurisdiction. Investigations by advocacy groups have reported lack of use of masks, testing and social distancing in both ICE and federal prison facilities.
• Withdraw the public charge rules. Immigrants must be considered in any pandemic response legislation. To slow the spread of the disease, we must make sure that everyone is covered and no one feels afraid to access public services. Immigrants are often front line workers in our New Mexico economy - as health care workers, home health aides, critical members of the food change and other essential services. Denying citizenship and residency extensions to people who use public services and clinics creates a disincentive to get tested and ultimately makes stopping the spread of the virus more difficult. As a state with a large immigrant population, New Mexico is at an increased risk if these benefits are not provided.

Racism is a public health issue.

Health Action New Mexico’s mission is to bring together organizations and consumers to influence policy that affects the health of all people living in New Mexico; this organization recognizes that racism and systems that perpetuate racism constitute a public health issue. Now more than ever, we hope to lend our voice to spread awareness of the health ramifications of racism and the ill effect it has on our state and our country. For this blog, we will be focusing on racism toward Black Americans specifically in light of the Black Lives Matter movement.

Black Americans have poorer health and a shorter lifespan compared to white Americans.

Black people are disadvantaged in nearly every aspect of health equity in our country. They have a higher mortality rate than any other racial or ethnic group for eight of the top ten causes of death in the United States. According to HealthAffairs.org, black men have a lower life expectancy at birth than their white counterparts. Even though life expectancy has improved over the last century, black men are still expected to live to the age of 72.2, but their white counterparts are expected to live to 76.61. According to the Center for American Process, black people in this country have higher rates of diabetes, hypertension, and heart disease than other groups. Black children have a 500% higher death rate from asthma compared with white children2, for example, in 2017, 12.6% of Black American children had asthma compared to 7.7% of non-Hispanic white children. It is evident that the overall health of every demographic of the Black American community is suffering: 

• 13.8% of Black Americans reported having fair or poor health compared with 8.3% of non-Hispanic whites 

• 80% of Black American women are overweight or obese compared to 64.8% of non-Hispanic white women 

• 42% of Black American adults over age 20 suffer from hypertension compared with 28.7% of non-Hispanic white adults3 

• Black people are almost two times as likely to have diabetes compared to non-Hispanic Whites 

• Cancer rates among Blacks are 10% higher than those for white Americans  

• Blacks are six times more likely than whites to be homicide victims 

• Blacks account for nearly half of new HIV infections, but less than a quarter of the total population 

• Blacks make up a third of patients receiving kidney dialysis

Black women face even more challenges.  Even in states with the lowest PRMRs (pregnancy-related mortality ratio) and among women with higher levels of education, black women are disadvantaged. The PRMR for black women with at least a college degree was 5.2 times that of their white counterparts. Such disparity in pregnancy- related death for women of color is not merely due to lack of education or poverty. Non-Hispanic black experienced higher PRMRs (40.8) than all other racial/ethnic populations with the exception of non-Hispanic AI/AN (American Indian/Alaskan Native) women. This was 3.2 times higher than the PRMR for white women – and the gap widened among older age groups.  For women over the age of 30, PRMR for black women was about four times higher than it was for white women. Disparities were persistent and did not change significantly between 2007-2008 and 2015-2016. See below a graph for pregnancy related mortality rates amongst minority women, and notice the large disadvantage for black women. 

The following graphic expands more on the health disparities in the black population in this country4.

According to Michael Geruso of SpringerLink, “For males, 80% of the black-white gap in life expectancy at age 1 can be accounted for by differences in socioeconomic and demographic characteristics. For females, 70% percent of the gap is accounted for. Labor force participation, occupation, and (among women only) marital status have almost no additional power to explain the black-white disparity in life expectancy after precise measures for income and education are controlled for”5. See below for a visual representing the difference in life expectancy between white and black women/ men.

These health issues are drastic, but black citizens also face disparities when seeking coverage to care for such issues. In 2017, 10.6% of Black Amercians were uninsured compared with 5.9% of non-hispanic whites3. Even if Black Americans are able to enroll in medicare, the last 6 months of life are still $7,100 more expensive to the Medicare system for black people and $6,100 more expensive for Hispanics than white, according to a study by the University of Michigan. And despite that, the National Academy of Medicine found “racial and ethnic minorities receive lower-quality health care than white people—even when insurance status, income, age, and severity of conditions are comparable.” By lower-quality health care, NAM means inferior care black patients receive by their physicians.

Even outside health care disparities, black citizens are also more likely to be the victim of violence, more specifically, police brutality. Black people have been 28% of those killed by police since 2013 despite being only 13% of the population.  Out of this, 17% of black people were unarmed. Therefore, there is a clear disparity with a twofold increase in homicide, yet a much larger proportion of unarmed victims.

There is inadequate data, research, and statistics on law-enforcement agency homicide rates in this country. The Death in Custody Reporting Act was recently signed to mandate such data be reported, but it is still unclear on whether police departments actually comply, and if they do how long it takes them to collect, compile, and make the data public. The Mapping Police Violence Database only reports known police killings, and even if these numbers are non-encompassing, they are still shocking:

 97 percent of these killings occurred while a police officer was acting in a law enforcement capacity. Importantly, these data still do not include killings by vigilantes or security guards who are not off-duty police officers. There are police killings that are not reported and are not shown in the media, and there remains ample examples of violence that does not result in a death. Finally, see the graph below, which demonstrates that crime does not determine or provoke this violence7. We would like to point out that Albuquerque is on this chart.

The United States is the richest country in the world and considered a global leader in most respects.. However, minorities, particularly Black Americans, remain systemically disadvantaged. Here at Health Action New Mexico we believe that all people in New Mexico should have access to the resources that allow them to lead a healthy life, regardless of geographic location, language, ethnicity, race, citizenship, age, disability, sex and sexual orientation, gender and gender identity, or religion. We know that racism is a public health issue, and plan on supporting policy and legislation that will help dismantle white supremacy in this country. We are also planning on attending the It Can’t Wait March hosted by Black Lives Matter ABQ New Mexico to show our support for the movement and hand out water bottles to the marchers. The march will be Saturday July 18th from 6-10pm, starting at Santa Fe Plaza and continuing to the state capitol building. We hope to see you all there to stand in solidarity. 

Please reach out to

with any questions or policy suggestions.

Sources: 

1). HealthAffairs.org

2). The Center for American Process

3).https://www.americanprogress.org/issues/race/reports/2020/05/07/484742/health-disparities-race-ethnicity/

4).https://www.theatlantic.com/politics/archive/2015/10/6-key-health-disparities-between-blacks-and-whites/433056/

5). Michael Geruso of SpringerLink

6).https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/the-state-of-healthcare-in-the-united-states/racial-disparities-in-health-care/

7). https://mappingpoliceviolence.org/

One of the less obvious impacts of the COVID-19 pandemic is the continued decline of oil and natural gas. Demand has dropped, and producers’ debt loads have increased, which may lead to an increase in orphaned wells. Orphaned wells hurt producers and those that live near oil and gas wells, they are responsible for greater pollution than active wells, and they cost taxpayer money to clean and remediate. Pollution from oil and gas aggravate respiratory conditions and worsen the impacts of COVID-19. New Mexico is particularly vulnerable to these impacts unless we act.

To protect New Mexicans from the negative health impacts of abandoned oil and gas wells along with accompanying risk from COVID-19, we recommend that state and federal policy-makers take the following actions:

Stop Relaxing Environmental Regulations

The current pandemic does not offer cause to relax environmental regulations. People still live in communities surrounding oil and gas and relaxed regulations increase their exposure to pollution. New Mexico has made progress on ozone clean-up, but reduced regulations could reverse that progress.

Publish Requests for Regulatory Waivers and Extensions

People have a right to know what oil and gas producers are not up to code. Creating a public record of requests for waivers and extensions allows those living near oil and gas wells to have more information about actions that affect their health, and creates accountability for producers that may otherwise abuse the waiver system. 

Require Producers to Notify Communities About Emitted Pollutants

Many people in New Mexico are not notified about the pollutants emitted by oil and gas wells. Information about when emissions are at their peak allows people to make informed choices about their health. Many of us do not have a choice of neighbor and we should be able to know about the health impacts of oil and gas production that affect us.

Amend the Plugging and Abandonment Rules

Inactive wells are required to be shut-in, but these wells are still responsible for pollution. In some cases, shut-in wells are more dangerous because they are subject to less frequent inspection. Current rules and extensions allow producers to leave their wells shut-in for up to four years before they are subject to plugging and remediation. To protect the health of New Mexicans, producers should be required to plug their wells sooner, and to submit compliance reports on inactive wells more regularly.

Create an Abandoned Well Clean-Up Fund

There are more than 700 orphaned wells in New Mexico that will require plugging and remediation. The total cost of remediation may cost up to $24 million, but state and producer contributions are only enough to cover about $3 million. While it would not replace all the revenue or jobs lost to the pandemic, an abandoned well clean-up fund would allow New Mexico and other states to plug abandoned wells while stimulating the economy and creating jobs.

Increase Bonding Requirements

While federal funds may help to create jobs, it still puts the burden of remediation on the government, rather than the producer who abandoned the well. Proper bonding is a way to ensure responsible production and limit the risk of pollution, but bonding in practice has not kept up with the actual costs of remediation. Bonding rates should be increased to reflect the actual cost of remediation, so that New Mexicans are not left on the hook to clean up orphaned wells.

What Can I Do?

Contact your legislator and let them know your concerns. You can find your legislator at https://nmlegis.gov/Members/Find_My_Legislator. Let them know that you care about the impacts of oil and gas on your community.

Your efforts to respond to this challenge are greatly appreciated. Please contact us at any time should
questions arise regarding any of these recommendations.

Barbara K Webber
Executive Director
Barbara@healthactionnm.org

Andrew Baker
Communications/Policy Analyst

For the legislative special session, the Legislative Finance Committee (LFC) and Governor are proposing a Medicaid budget that raises concerns for assuring the protection of Medicaid during this historic public health crisis.

• The latest projections show Medicaid is facing a revenue shortfall of $73.8 million. Medicaid enrollment has been climbing while New Mexicans lose their jobs and health insurance in the pandemic.
• The proposed Medicaid budget does not cover this shortfall. It also presumes that the program will receive uncertain federal revenues. If federal funds yet to be voted on are reduced or not forthcoming, it could leave tens of thousands of New Mexican lives at stake. It could force the agency to cut payments to healthcare providers or Medicaid insurance companies, destabilizing NM’s key healthcare system in the midst of the pandemic.
• Leaving Medicaid unprotected can be avoided by passing the Healthcare Affordability Fund (2020 HB278) as our neighbor Colorado has had the foresight to recently do and other states are also investigating.  This transfer of a recently rescinded federal fee on insurers to the state General Fund would not impact next year’s carrier premium projections, making it a golden window to do so.  Moreover, it would come when insurers are sitting on large amounts of cash due to reduced claims. It assures equity for the health care of NM’s most vulnerable populations by protecting Medicaid and beginning the necessary inevitable addition of revenue to the NM budget.
• Call Governor Lujan Grisham and our legislators today to tell them: “Protect Medicaid. Fix the Medicaid budget hole. Bring back the healthcare affordability fund.”

Governor Michelle Lujan Grisham: (505) 476-2200

Senate Finance Committee

 John Arthur Smith:(575) 546-4979, (575) 546-8546

George K. Munoz:(505) 722-6570

(505) 722-0191

Steven P. Neville:(505) 327-5460

William F. Burt:(575) 434-1414, (575) 434-6140

Pete Campos:(505) 425-0508

Jacob R. Candelaria:(505) 847-5079

Gay G. Kernan:(505) 629-8081

Nancy Rodriguez:(505) 983-8913

Sander Rue:(505) 301-0189

John M. Sapien:(505) 765-5662

James P. White:(505) 271-4746

Roberto “Bobby” J. Gonzales:(575) 758-2674

House Appropriations and Finance Committee

Patricia A. Lundstrom:(505) 722-2980

Joseph L. Sanchez:(505) 986-4319

Anthony Allison:(505) 787-8494

Phelps Anderson:(575) 625-9152

Gail Armstrong:(505) 269-2364

Paul C. Bandy:(505) 334-0865

Cathrynn N. Brown:(575) 706-4420

Jack Chatfield:(575) 673-2320

Randal S. Crowder:(575) 763-3901

Harry Garcia:(505) 290-7510

Susan K. Herrera:(505) 579-0092

Tomás E. Salazar:(575) 421-2455

Nathan P. Small:(575) 496-9540

Melanie A. Stansbury:(505) 750-7079

Candie G. Sweetser:(575) 546-9011, (575) 546-2915

Christine Trujillo:(505) 235-8783

Rodolpho “Rudy” S. Martinez:(575) 534-7546

For the legislative special session, the Legislative Finance Committee (LFC) and Governor are proposing a Medicaid budget that raises concerns for assuring the protection of Medicaid during this historic public health crisis.

• The latest projections show Medicaid is facing a revenue shortfall of $73.8 million. Medicaid enrollment has been climbing while New Mexicans lose their jobs and health insurance in the pandemic.
• The proposed Medicaid budget does not cover this shortfall. It also presumes that the program will receive uncertain federal revenues. If federal funds yet to be voted on are reduced or not forthcoming, it could leave tens of thousands of New Mexican lives at stake. It could force the agency to cut payments to healthcare providers or Medicaid insurance companies, destabilizing NM’s key healthcare system in the midst of the pandemic.
• Leaving Medicaid unprotected can be avoided by passing the Healthcare Affordability Fund (2020 HB278) as our neighbor Colorado has had the foresight to recently do and other states are also investigating.  This transfer of a recently rescinded federal fee on insurers to the state General Fund would not impact next year’s carrier premium projections, making it a golden window to do so.  Moreover, it would come when insurers are sitting on large amounts of cash due to reduced claims. It assures equity for the health care of NM’s most vulnerable populations by protecting Medicaid and beginning the necessary inevitable addition of revenue to the NM budget.
• Call Governor Grisham and our legislators today to tell them: “Protect Medicaid. Fix the Medicaid budget hole. Bring back the healthcare affordability fund.”

Governor Michelle Lujan Grisham:(505) 476-2200

Senate Finance Committee

John Arthur Smith:(575) 546-4979

(575) 546-8546

George K. Munoz:(505) 722-6570

(505) 722-0191

Steven P. Neville:(505) 327-5460

William F. Burt:(575) 434-1414

(575) 434-6140

Pete Campos:(505) 425-0508

Jacob R. Candelaria:(505) 847-5079

Gay G. Kernan:(505) 629-8081

Nancy Rodriguez:(505) 983-8913

Sander Rue:(505) 301-0189

John M. Sapien:(505) 765-5662

James P. White:(505) 271-4746

Roberto “Bobby” J. Gonzales:(575) 758-2674

House Appropriations and Finance Committee

Patricia A. Lundstrom:(505) 722-2980

Joseph L. Sanchez:(505) 986-4319

Anthony Allison:(505) 787-8494

Phelps Anderson:(575) 625-9152

Gail Armstrong:(505) 269-2364

Paul C. Bandy:(505) 334-0865

Cathrynn N. Brown:(575) 706-4420

Jack Chatfield:(575) 673-2320

Randal S. Crowder:(575) 763-3901

Harry Garcia:(505) 290-7510

Susan K. Herrera:(505) 579-0092

Tomás E. Salazar:(575) 421-2455

Nathan P. Small:(575) 496-9540

Melanie A. Stansbury:(505) 750-7079

Candie G. Sweetser:(575) 546-9011 

(575) 546-2915

Christine Trujillo:(505) 235-8783

Rodolpho “Rudy” S. Martinez:(575) 534-7546

Recommendations to State Officials: Health Coverage and COVID-19

Dear State Leaders and Lawmakers,

Thank you for your continued efforts to limit the spread of the COVID-19 in New Mexico. Decisive  action early in the crisis by Governor Lujan Grisham’s administration saved countless lives in ourcommunities. We have also witnessed state agencies demonstrating a commitment to collaborating and removing barriers for New Mexicans to access the care, social services, and economic relief they need in this trying time. As we look toward the June special session and beyond, we see further opportunity to safeguard New Mexicans from the short- and long-term ramifications of the pandemic. COVID-19 has exposed serious holes in America’s social safety net. Health care access is a critical part of the response to this global pandemic and will continue to be paramount over the coming months and years as the country recovers. Nearly 190,000 New Mexicans did not have health insurance prior to the pandemic, according to the Urban Institute. This often means postponing or completely skipping needed care, both routine and urgent. Barriers to healthcare access make it difficult to connect uninsured New Mexicans with testing and treatment services. Efforts to eliminate these barriers are necessary to slow the spread of disease by making COVID-19 testing and treatment more accessible for those who need it, especially for populations with limited income.

We are also deeply concerned by the revenue crisis facing our state, especially as social services and public safety net programs play a more important role than ever before. Our overreliance on oil and gas leaves New Mexico severely vulnerable to volatility and the health issues associated During the June special session, we urge legislators not to allow short-sighted cuts to our budget that will hurt our families in the long run.

State legislators, agencies, and executives must address the urgent needs of New Mexicans and the state economy, while maintaining a strong social safety net and sustainable revenue sources for the future. To do so, we recommend specific legislation, statute modifications, and operational adjustments to be implemented as soon as possible. We also emphasize the need for all parties to do their part to safeguard attacks on pivotal social services and revenue streams.

Protecting Health Care and Social Services Amid Revenue Crisis

 Do not reduce or eliminate essential health and social services, including fully-funded Medicaid.
In the midst of the historic public health crisis, New Mexicans rely on these services more than
ever to stay healthy and provide for their families.

 Oral health services are essential to overall health. Do not reduce or eliminate dental benefits
during the revenue crisis as has been done historically in other downturns.

 Tap into available reserve funds for their intended purpose of safeguarding New Mexicans from
damaging cuts during a budget shortfall

 Pass a bill 1 to transfer the federal health insurance carrier fee to the state, creating a crucial
revenue source for COVID-19 response measures and long-term affordability efforts. This
revenue can temporarily be put into General Revenue for 18 months before transferring to the
coverage affordability fund. Insurers have experienced a windfall 2 during the pandemic as claims
have plunged. All players must assist at this moment in time.

 Continue to support the expansion of health coverage under the innovative expansion of coverage
being studied by HSD.

 Help New Mexicans directly by expanding existing tax credits and rebates, expanding the
General Assistance Program, and creating a supplemental unemployment program for those left
out of the federal program.

 Promote transparency and accessibility in the special session by releasing proposals in advance
and making user-friendly streaming options available with language access options.

 Strengthen measures to address food insecurity, especially among New Mexican children. One in
three children in NM experience food insecurity 3 as we move through the pandemic.

 Continue to explore lowering the cost of prescription medications including convening the task
force to study other potential caps in the Prescription Drug Cost Sharing Bill 4 passed in 2020.

 Avoid serious cuts to the NM Environmental Department and the NM Department of Energy,
Minerals and Resources that would delay the important public health task of state methane rule
making.

 Continue the environmental work of safely plugging abandoned oil wells, 6 especially if these
increase amid oil industry bankruptcies in NM, and seek federal funding to expand this work as
well as reforming industry bonds to assure these costs are more fully covered.

 Native Americans in NM have been disproportionately affected by Covid-19 in part due to lack
of federal and state partnership for necessary infrastructure and resources. Schedule more
frequent and regular tribal consultations to robustly address the historical neglect, silence and
lack of Native American voices in state policy and resource allocation.

Increasing Access to Coverage and Reducing Barriers to Medicaid Enrollment

 Continue statewide presumptive and continuous eligibility during the pandemic.

 Continue to suspend the recertification process and data checks for the duration of the outbreak.

 Streamline Medicaid and SNAP enrollment for individuals and families who file for
unemployment insurance.

 Include maximum information to unemployment beneficiaries regarding health insurance options
if they have lost coverage both electronically with sign-on tools and in person both in the
application and recertification process.

 Continue to automatically re-enroll people whose Medicaid was suspended or terminated while in
the corrections system.

 Continue to eliminate asset tests wherever possible.

 Continue to conduct an earned media campaign to raise awareness in immigrant communities
about the suspension of federal public charge rules for COVID-19.

Covering the Uninsured Who Don’t Qualify for Medicaid or Other Options

 Join other states in extending Medicaid Emergency Assistance to cover non legal status
immigrants in NM for Covid-19 treatment 7 in addition to testing during the pandemic.

 Identify emergency funding to pay down premiums for individuals with coverage through MIP
making less than 200% FPL.

 Identify emergency resources for community clinics that primarily serve the uninsured.
Minimizing Cost Barriers in Private Insurance

 Enforce requirement that insurance companies to waive out-of-pocket costs related to COVID-19
testing and treatment. Clarify under what conditions, if any, antibody testing will be paid for
without co-pays.

 Require insurance companies to issue letters, emails, phone calls, text messages, and other forms
of contact to individuals and families who purchase coverage on the Marketplace informing them
that they can reduce their premiums by adjusting their annual income on healthcare.gov if they
expect to earn less than anticipated when they initially signed up for coverage. Include
information on Special Enrollment Periods related to income or job changes.

 Encourage self-insured businesses and their third party administrators to waive out-of-pocket
costs related to COVID-19 testing and treatment for employees.

 Raise awareness about efforts to eliminate cost barriers, including surprise billing protections and
waived out-of-pocket costs.

Your efforts to respond to this challenge are greatly appreciated. Please contact us at any time should
questions arise regarding any of these recommendations.

Barbara K Webber
Executive Director

Gabriella Rivera
Communications/Policy Analyst

1 https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&...
2 https://www.healthleadersmedia.com/welcome-ad?toURL=/strategy/health-ins...
demand-elective-treatments
3 https://www.thedenverchannel.com/news/coronavirus/more-american-children...
pandemic
4 https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&...
5 http://www.stateoftheair.org/key-findings/
6 https://www.politico.com/news/2020/05/11/orphaned-oil-wells-to-squeeze-s...

7 https://www.shvs.org/wp-content/uploads/2020/05/Pathways-to-Coverage-for...

Treatment-for-Adults_Updated-Final_5_5_2020.pdf