SENATE MEMORIAL 15

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

INTRODUCED BY

Linda M. Lopez

A MEMORIAL

REQUESTING A TASK FORCE BE FORMED TO IDENTIFY THE UNFUNDED MANDATES IMPOSED ON THE DEVELOPMENTAL DELAY AND DISABILITY SERVICE SYSTEMS.

     WHEREAS, the department of health administers a variety of services and supports for children with developmental delays and children and adults with developmental disabilities; and

     WHEREAS, developmental delay and disability services and supports are provided to eligible individuals through contracts and provider agreements managed by the developmental disabilities supports division of the department of health or the medical assistance division of the human services department; and

     WHEREAS, developmental delay and disability services are funded through a variety of state and federal sources such as state general funds and medicaid programs, including early periodic screening diagnosis and treatment, home and community-based waiver and intermediate care facilities for the mentally retarded; and

     WHEREAS, the developmental delay and disability service systems have become more complex through the years due to increased expectations and demands and threatened or actual litigation such as the Jackson lawsuit; and

     WHEREAS, the volume of state-mandated policies, procedures and regulations have increased dramatically, resulting in unfunded mandates and an overburdened service system; and

     WHEREAS, the uncompensated costs associated with compliance of unfunded mandates have negatively affected the financial viability of the community-based provider system and have led to decreases in direct care supports and services to children and adults; and

     WHEREAS, due to inadequate reimbursement and the need to comply with numerous unfunded mandates, some providers have been forced to reduce or eliminate benefits to employees, leading dedicated and well-trained staff to leave and seek other employment;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that a task force be formed by the department of health to identify the unfunded mandates imposed on the developmental delay and disability service systems and that solutions be found to eliminate the unfunded mandates to ensure the financial viability of the community-based service system so that quality services and supports can be reasonably maintained; and

     BE IT FURTHER RESOLVED that the task force include representation from the developmental disabilities supports division of the department of health, the division of health improvement of the department of health, the medical assistance division of the human services department and the association of developmental disabilities community providers; and

     BE IT FURTHER RESOLVED that the department of health report its findings and recommendations to the legislative health and human services committee and the legislative finance committee no later than October 1, 2007; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of health, the secretary of human services and the association of developmental disabilities community providers.

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