HOUSE BILL 217

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Daymon Ely and Nate Gentry

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SAFETY; AMENDING A SECTION OF THE PUBLIC ASSISTANCE ACT TO REQUIRE THE HUMAN SERVICES DEPARTMENT TO PROVIDE INFORMATION TECHNOLOGY RESOURCES AND TECHNICAL SUPPORT TO COUNTIES THAT REQUEST MEDICAID ENROLLMENT ASSISTANCE; REQUIRING CORRECTIONAL FACILITIES TO IMPLEMENT AN INMATE RECIDIVISM REDUCTION TRANSITION PROGRAM TO PROVIDE UPON RELEASE CERTAIN INMATES WITH SUPPORTS AND SERVICES DESIGNED TO REDUCE RECIDIVISM.

 

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

     SECTION 1. Section 27-2-12.22 NMSA 1978 (being Laws 2015, Chapter 127, Section 2) is amended to read:

     "27-2-12.22. INCARCERATED INDIVIDUALS--MEDICAID ELIGIBILITY--COUNTY JAIL INFORMATION TECHNOLOGY AND TECHNICAL ASSISTANCE.--

          A. Incarceration shall not be a basis to deny or terminate eligibility for medicaid.

          B. Upon release from incarceration, a formerly incarcerated individual shall remain eligible for medicaid until the individual is determined to be ineligible for medicaid on grounds other than incarceration.

          C. An incarcerated individual who was not enrolled in medicaid upon the date that the individual became incarcerated shall be permitted to submit an application for medicaid during the incarcerated individual's period of incarceration.

          D. The provisions of this section shall not be construed to abrogate:

                (1) any deadline that governs the processing of applications for medicaid pursuant to existing federal or state law; or

                (2) requirements under federal or state law that the human services department be notified of changes in income, resources, residency or household composition.

          E. The provisions of this section shall not require the human services department to pay for services on behalf of any incarcerated individual, except as permitted by federal law.

          F. A correctional facility shall:

                (1) inform the human services department when an eligible individual is incarcerated; [and shall notify the department upon that eligible individual's release]                        (2) assist the department and department contractors in gaining access to incarcerated individuals to make eligibility determinations and enroll eligible individuals in medicaid during the incarcerated individuals' incarceration or upon release;

                (3) notify the department upon an eligible individual's release; and

                (4) facilitate the department's or any department contractor's provision of case management and evidence-based behavioral health services pursuant to the provisions of Section 2 of this 2018 act.

          G. Upon the written request of a county, the department shall provide a behavioral health screening tool to facilitate screenings performed in accordance with the provisions of Subsection A of Section 2 of this 2018 act, information technology and technical assistance to a county jail in order to implement the provisions of this section.

          [G.] H. The secretary of human services shall adopt and promulgate rules consistent with this section.

          [H.] I. As used in this section:

                (1) "eligibility" means a finding by the human services department that an individual has met the criteria established in state and federal law and the requirements established by department rules to enroll in medicaid;

                (2) "incarcerated individual" means an individual, the legal guardian or conservator of an individual or, for an individual who is an unemancipated minor, the parent or guardian of the individual, who is confined in any of the following correctional facilities:

                     (a) a state correctional facility;

                     (b) a privately operated correctional facility;

                     (c) a county jail;

                     (d) a privately operated jail;

                     (e) a detention facility that is operated under the authority of the children, youth and families department and that holds the individual pending a court hearing; or

                     (f) a facility that is operated under the authority of the children, youth and families department and that provides for the care and rehabilitation of an individual who is under eighteen years of age and who has committed an act that would be designated as a crime under the law if committed by an individual who is eighteen years of age or older;

                (3) "medicaid" means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act and rules promulgated pursuant to that act; and

                (4) "unemancipated minor" means an individual who is under eighteen years of age and who:

                     (a) is not on active duty in the armed forces; and

                     (b) has not been declared by court order to be emancipated."

     SECTION 2. [NEW MATERIAL] RECIDIVISM REDUCTION TRANSITION PROGRAM.--

          A. A correctional facility shall ensure that each inmate of that correctional facility is screened for mental illness and for habitual substance abuse within thirty days of incarceration in that facility.

          B. A correctional facility shall ensure that each qualifying inmate is offered the opportunity to participate in a "recidivism reduction transition program" as follows:

                (1) a correctional facility that is not a county jail shall refer each qualifying inmate upon release to case management and evidence-based behavioral health services. The correctional facility shall assess what options for payment are available for these services and housing and assist the inmate, to the extent possible, in pairing these services with available payment sources. A correctional facility shall facilitate each qualifying inmate's enrollment in medicaid in accordance with the provisions of Section 27-2-12.22 NMSA 1978; and

                (2) in the case of county jails, the human services department shall:

                     (a) upon the written request of a county jail, provide a behavioral health screening tool to facilitate screenings, information technology resources and technical assistance to that county jail in order to implement the provisions of Subsections A and C of this section; and

                     (b) upon release from a county jail of a qualifying inmate who is enrolled in medicaid, ensure that the qualifying inmate is provided with case management and evidence-based behavioral health services.

          C. The human services department shall provide information and services to correctional facilities seeking medicaid reimbursement for recidivism reduction transition program services.

          D. As used in this section:

                (1) "behavioral health services" means a comprehensive array of professional and ancillary services for the treatment, habilitation, prevention and identification of mental illnesses, behavioral symptoms associated with developmental disabilities, substance abuse disorders and trauma spectrum disorders;

                (2) "case management" means services that ensure that all of a patient's behavioral health services, primary care and other health care and social service needs are coordinated to maximize the patient's timely access to care and services to address the patient's health care and social service needs:

                     (a) through care plan development, communication and monitoring; and

                     (b) regardless of payer sources for the patient's health care and social services;

                (3) "correctional facility" means a:

                     (a) state correctional facility;

                     (b) privately operated correctional facility;

                     (c) county jail;

                     (d) privately operated jail;

                     (e) detention facility that is operated under the authority of the children, youth and families department and that holds the individual pending a court hearing; or

                     (f) facility that is operated under the authority of the children, youth and families department and that provides for the care and rehabilitation of an individual who is under eighteen years of age and who has committed an act that would be designated as a crime under the law if committed by an individual who is eighteen years of age or older;

                (4) "medicaid" means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act and rules promulgated pursuant to that act; and

                (5) "qualifying inmate" means an inmate who has been diagnosed as currently having a mental illness or a substance use disorder, either through the screening provided pursuant to the provisions of Subsection A of this section or as evidenced in the inmate's medical record.

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