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

RELATING TO HEALTH CARE; MANDATING THAT ELIGIBILITY BE DETERMINED FOR APPLICANTS FOR THE DEVELOPMENTAL DISABILITIES MEDICAID WAIVER PROGRAM; CREATING THE DEVELOPMENTAL DISABILITIES MEDICAID WAIVER FUND; MAKING AN APPROPRIATION.

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

Section 1. DEVELOPMENTAL DISABILITIES MEDICAID WAIVER PROGRAM--APPLICANTS--ENTITLEMENT.--

A. Effective July 1, 2004, every applicant for benefits pursuant to the developmental disabilities medicaid waiver program shall have eligibility determined within three months after filing an application with the department of health.

B. An applicant for benefits pursuant to Subsection A of this section whose eligibility is not determined within three months of filing the application shall be entitled to benefits as if the application has been approved.

Section 2. DEVELOPMENTAL DISABILITIES MEDICAID WAIVER FUND--CREATION--USE.--The "developmental disabilities medicaid waiver fund" is created in the state treasury. All earnings of the fund shall be credited to the fund, and any unexpended or unencumbered balance in the fund shall not revert to another fund at the end of a fiscal year. Disbursements from the fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of health. Money in the fund is appropriated to the department of health for:

A. providing the state match for medicaid services for individuals eligible for the developmental disabilities medicaid waiver program;

B. determining the eligibility of applicants on the waiting list for the developmental disabilities medicaid waiver program so that all applicants will have their eligibility determined by July 1, 2004; and

C. otherwise administering the developmental disabilities medicaid waiver program.

Section 3. APPROPRIATION.--Twenty-five million dollars ($25,000,000) is appropriated from the general fund to the developmental disabilities medicaid waiver fund for expenditure in fiscal year 2001 and subsequent fiscal years for carrying out the provisions of this act; provided that no more than one million five hundred thousand dollars ($1,500,000) shall be expended for administrative costs. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.