HOUSE BILL 97

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Stefani Lord and Harlan Vincent and Jenifer Jones

 

 

 

 

 

AN ACT

RELATING TO CHILD WELFARE; CREATING A PRENATAL SUBSTANCE EXPOSURE TASK FORCE; PROVIDING DUTIES; REQUIRING A FINAL REPORT; MAKING AN APPROPRIATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. TEMPORARY PROVISION--PRENATAL SUBSTANCE EXPOSURE TASK FORCE--CREATED--DUTIES--FINAL REPORT.--

          A. The "prenatal substance exposure task force" is created. The task force consists of the following members appointed by the secretary of health:

                (1) a representative from the 2021 department of health team responsible for evaluating the implementation of Laws 2019, Chapter 190;

                (2) an expert in pediatric and neonatal medicine;

                (3) a health care provider specializing in addiction medicine with experience treating pregnant people;

                (4) a member of the J. Paul Taylor early childhood task force;

                (5) a member of the social work workforce task force;

                (6) a representative of the children, youth and families department;

                (7) a representative of the department of health;

                (8) a representative of the health care

authority department;

                (9) a representative of the early childhood education and care department;

                (10) an expert with experience in medicaid managed care organizations;

                (11) an expert with experience in hospital

management;

                (12) an expert on the Children's Code;

                (13) an expert from a nonprofit children's advocacy organization;

                (14) an expert in the delivery of behavioral health care services;

                (15) two or more persons with lived experience related to substance use disorder during pregnancy;

                (16) an expert on the Indian Family Protection Act; and

                (17) other stakeholders whose expertise the secretary of health deems necessary to the work of the task force.

          B. The task force shall be appointed by August 1, 2024 and complete its work by August 1, 2026.

          C. The task force shall collaborate with an institution of higher education to perform research that supports the task force's work.

          D. The task force shall study:

                (1) the efficacy and outcome of the state's implementation of Laws 2019, Chapter 190, including:

                     (a) the rates of the use of prenatal services and support by people who used substances during pregnancy before and after implementation;

                     (b) the rates of children born in New Mexico affected by substance use or withdrawal symptoms resulting from prenatal substance exposure or a fetal alcohol spectrum disorder over the last twenty years;

                     (c) the long-term adverse health outcomes of prenatal substance exposure;

                     (d) relevant infant mortality cases;

                     (e) the fiscal impact of children affected by substance use or withdrawal symptoms resulting from prenatal substance exposure or a fetal alcohol spectrum disorder; and

                     (f) barriers to the provision and use of services and supports offered to families with plans of care;

                (2) the planning and coordination of the state's initiatives related to preventing prenatal substance exposure, including:

                     (a) the provision of preventive services through community health workers;

                     (b) methods for improving hospital staff engagement with families to create plans of care that are feasible for parents to follow; and

                     (c) the feasibility of increasing access to emergency assistance for families impacted by prenatal substance exposure, including housing and financial resources;

                (3) the implementation of plans of care in other states, including follow-up services;

                (4) the impact of state policies in which documented prenatal substance exposure constitutes a substantiated child abuse claim, subsequent intervention and outcomes;

                (5) the feasibility of statewide prenatal substance exposure screening; and

                (6) nationwide best practices on plans of care that improve outcomes for families impacted by prenatal substance exposure.

          E. The task force shall submit its final report to the legislative health and human services committee, the legislative finance committee and the governor by August 1, 2026.

     SECTION 2. APPROPRIATION.--Seventy-five thousand dollars ($75,000) is appropriated from the general fund to the department of health for expenditure in fiscal years 2025 through 2027 to carry out the work of the prenatal substance exposure task force. Any unexpended or unencumbered balance remaining at the end of fiscal year 2027 shall revert to the general fund.

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