HOUSE BILL 41

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Jim R. Trujillo

AN ACT

RELATING TO LONG-TERM SERVICES; AMENDING THE LONG-TERM CARE SERVICES ACT TO REQUIRE THAT COORDINATED LONG-TERM SERVICES PURSUANT TO A MEDICAID HOME- AND COMMUNITY-BASED WAIVER INCLUDE NIGHT-CARE SERVICES FOR INDIVIDUALS DIAGNOSED WITH DEMENTIA; MAKING AN APPROPRIATION.

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

     Section 1. Section 24-17A-1 NMSA 1978 (being Laws 1998, Chapter 82, Section 1) is amended to read:

     "24-17A-1. SHORT TITLE.--[This act] Chapter 24, Article 17A NMSA 1978 may be cited as the "Long-term Care Services Act"."

     Section 2. A new section of the Long-term Care Services Act is enacted to read:

     "[NEW MATERIAL] REQUIRED NIGHT-CARE SERVICES COVERAGE.--

          A. Coordinated long-term services provided pursuant to a medicaid home- and community-based waiver to recipients diagnosed with dementia shall include night-care services in those counties wherein those services are available.

          B. As used in this section:

                (1) "medicaid home- and community-based waiver" means a program that provides medicaid services to individuals requiring a nursing-home level of care in the recipient's home or community setting instead of in an institution;

                (2) "medicaid" means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act;

                (3) "night-care services" means services that provide, at a minimum, care management and supervision for a recipient at a location in or outside of the recipient's home between the hours of 7:00 p.m. and 7:00 a.m; and

                (4) "recipient" means an individual who is enrolled in medicaid."

     Section 3. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the human services department for expenditure in fiscal year 2011 to fund the provision of night-care services in the coordinated long-term services program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2011 shall revert to the general fund.

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