45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MEDICAID MANAGED CARE; REQUIRING THAT MENTAL AND BEHAVIORAL HEALTH SERVICES DEVELOPED UNDER MANAGED CARE CONTINUE TO BE PROVIDED IF MANAGED CARE ARRANGEMENTS ARE REVISED; AMENDING A SECTION OF THE NMSA 1978; DECLARING AN EMERGENCY.

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

Section 1. Section 27-2-12.6 NMSA 1978 (being Laws 1994, Chapter 62, Section 22) is amended to read:

"27-2-12.6. MEDICAID PAYMENTS--MANAGED CARE.--

A. The department shall provide for a statewide, managed care system to provide cost-efficient, preventive, primary and acute care for medicaid recipients by July 1, 1995.

B. The managed care system shall ensure:

(1) access to medically necessary services, particularly for medicaid recipients with chronic health problems;

(2) to the extent practicable, maintenance of the rural primary care delivery infrastructure;

(3) that the department's approach is consistent with national and state health care reform principles; and

(4) to the maximum extent possible, that medicaid-eligible individuals are not identified as such except as necessary for billing purposes.

C. The department may exclude nursing homes, intermediate care facilities for the mentally retarded, medicaid in-home and community-based waiver services and residential and community-based mental health services for children with serious emotional disorders from the provisions of this section.

D. The department shall make available the mental and behavioral health services that were developed under the managed care system, to the extent not prohibited under Title 19 or 21 of the federal act, if the mental and behavioral health services are excluded or separated from managed care, administered under a managed care program separate from physical health services or provided under a fee-for-service arrangement."

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.