SENATE BILL 174

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Dede Feldman

AN ACT

RELATING TO MEDICAL ASSISTANCE; ENACTING A NEW SECTION OF THE PUBLIC ASSISTANCE ACT TO REQUIRE THE SECRETARY OF HUMAN SERVICES TO OBTAIN PRIOR LEGISLATIVE APPROVAL BEFORE SUBMITTING CERTAIN CHANGES TO THE STATE'S MEDICAID PROGRAM THROUGH STATE PLAN AMENDMENTS OR WAIVER APPLICATIONS TO FEDERAL AUTHORITIES; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 27-2-1 NMSA 1978 (being Laws 1973, Chapter 376, Section 1) is amended to read:

     "27-2-1. SHORT TITLE.--Sections [1 through 20 of this act and Sections 13-1-9, 13-1-10, 13-1-12, 13-1-13, 13-1-17,

13-1-18, 13-1-18.1, 13-1-19, 13-1-20, 13-1-20.1, 13-1-21,

13-1-22, 13-1-27, 13-1-27.2, 13-1-27.3, 13-1-27.4, 13-1-28,

13-1-28.6, 13-1-29, 13-1-30, 13-1-34, 13-1-35, 13-1-37, 13-1-39, 13-1-40, 13-1-41 and 13-1-42 NMSA 1953] 27-2-1 through 27-2-34 NMSA 1978 and Section 2 of this 2012 act may be cited as the "Public Assistance Act"."

     SECTION 2. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] STATE MEDICAID PLAN AMENDMENTS--WAIVERS--PRIOR LEGISLATIVE APPROVAL.--When the department proposes to make changes to the state's medicaid program that have a fiscal impact of more than one million dollars ($1,000,000) or proposes to modify eligibility standards; add, remove or modify benefits; or add or modify cost-sharing or premium obligations for recipients, the secretary shall obtain legislative approval before submitting any of the following documents for federal approval:

          A. amendments to the state medicaid plan;

          B. a waiver of state medicaid plan requirements; or

          C. amendments to an existing waiver of state medicaid plan requirements."

     SECTION 3. APPROPRIATION.--Thirty-five thousand dollars ($35,000) is appropriated from the general fund to the human services department for expenditure in fiscal year 2013 to provide the department with the administrative support necessary to seek legislative approval of medicaid changes pursuant to state law. Any unexpended or unencumbered balance remaining at the end of fiscal year 2013 shall revert to the general fund.

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