SENATE BILL 1179

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Linda M. Lopez

FOR THE WELFARE REFORM OVERSIGHT COMMITTEE

AN ACT

RELATING TO HEALTH; GRANTING THE INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE RULEMAKING AUTHORITY.

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

     Section 1. Section 9-7-6.4 NMSA 1978 (being Laws 2004, Chapter 46, Section 8) is amended to read:

     "9-7-6.4. INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE.--

          A. There is created the "interagency behavioral health purchasing collaborative", consisting of the secretaries of aging and long-term services, Indian affairs, human services, health, corrections, children, youth and families, finance and administration, labor, public education and transportation; the directors of [the state agency on aging] the administrative office of the courts, [the New Mexico office of Indian affairs] the New Mexico mortgage finance authority, the governor's [committee on concerns of the handicapped] commission on disability, the developmental disabilities planning council, the vocational rehabilitation division of the public education department and the New Mexico health policy commission; and the governor's health policy coordinator, or their designees. The collaborative shall be chaired by the secretary of human services with the respective secretaries of health and children, youth and families alternating annually as co-chairs.

          B. The collaborative shall meet regularly and at the call of either co-chair and shall:

                (1) identify behavioral health needs statewide, with an emphasis on that hiatus between needs and services set forth in the department of health's gap analysis and in on-going needs assessments, and develop a master plan for statewide delivery of services;

                (2) give special attention to regional differences, including cultural, rural, frontier, urban and border issues;

                (3) inventory all expenditures for behavioral health, including mental health and substance abuse;

                (4) plan, design and direct a statewide behavioral health system, ensuring both availability of services and efficient use of all behavioral health funding, taking into consideration funding appropriated to specific affected departments; and

                (5) contract for operation of one or more behavioral health entities to ensure availability of services throughout the state.

          C. The plan for delivery of behavioral health services shall include specific service plans to address the needs of infants, children, adolescents, adults and seniors, as well as to address workforce development and retention and quality improvement issues. The plan shall be revised every two years and shall be adopted by the department of health as part of the statewide health plan.

          D. The plan shall take the following principles into consideration, to the extent practicable and within available resources:

                (1) services should be individually centered and family focused based on principles of individual capacity for recovery and resiliency;

                (2) services should be delivered in a culturally responsive manner in a home or community-based setting, where possible;

                (3) services should be delivered in the least restrictive and most appropriate manner;

                (4) individualized service planning and case management should take into consideration individual and family circumstances, abilities and strengths and be accomplished in consultation with appropriate family, caregivers and other persons critical to the individual's life and well-being;

                (5) services should be coordinated, accessible, accountable and of high quality;

                (6) services should be directed by the individual or family served to the extent possible;

                (7) services may be consumer or family provided, as defined by the collaborative;

                (8) services should include behavioral health promotion, prevention, early intervention, treatment and community support; and

                (9) services should consider regional differences, including cultural, rural, frontier, urban and border issues.

          E. The collaborative shall make rules regarding performance measures and standards of behavioral health service providers, including an entity that administers the statewide behavioral health system, and hold hearings to take formal testimony of consumers about behavioral health provider services. The hearings shall be held at least annually in each quadrant of the state after posting a public notice of hearing that lists the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule may be obtained. The hearing date shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules shall be filed in accordance with the State Rules Act.

          [E.] F. The collaborative shall seek and consider suggestions of Native American representatives from Indian nations, tribes, pueblos and the urban Indian population, located wholly or partially within New Mexico, in the development of the plan for delivery of behavioral health services."

     Section 2. REPEAL.--Section 9-7-6.3 NMSA 1978 (being Laws 1999, Chapter 270, Section 3) is repealed.

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