SENATE BILL

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Gerald Ortiz y Pino and Kathleen Cates

 

 

 

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

 

AN ACT

RELATING TO HEALTH; PREVENTING THE RESTRICTION OF MEDICATION-ASSISTED TREATMENT FOR MINORS IN INPATIENT AND OUTPATIENT SUBSTANCE ABUSE TREATMENT FACILITIES AND PROGRAMS THAT ARE OPERATED OR FUNDED BY THE STATE; CREATING THE EVIDENCE-BASED ADDICTION TREATMENT FOR MINORS FUND; MAKING AN APPROPRIATION.

 

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

     SECTION 1. [NEW MATERIAL] DEFINITIONS.--As used in Sections 1 through 3 of this act:

          A. "evidence-based" means a course of treatment that is supported by research, clinical expertise and the needs of a patient;

          B. "inpatient substance abuse treatment facility" means a residential facility that operates twenty-four hours per day and provides intensive management of symptoms related to addiction and monitoring of the physical and mental complications resulting from substance use;

          C. "medication-assisted treatment" means the use of federal-food-and-drug-administration-approved prescription drugs for the treatment of substance use disorder;

          D. "minor" means an individual who is under eighteen years of age; and

          E. "outpatient substance abuse treatment program" means a program that offers resources, counseling and substance abuse treatment on an outpatient basis.

     SECTION 2. [NEW MATERIAL] MEDICATION-ASSISTED TREATMENT FOR MINORS IN INPATIENT SUBSTANCE ABUSE TREATMENT FACILITIES AND OUTPATIENT SUBSTANCE ABUSE TREATMENT PROGRAMS.--

          A. By the end of fiscal year 2025, the department of health and the children, youth and families department shall not operate or contract with an inpatient substance abuse treatment facility or outpatient substance abuse treatment program that has policies or procedures that restrict the use of medication-assisted treatment for the treatment of substance use disorder in minor patients.

          B. Beginning July 1, 2026, an inpatient substance abuse treatment facility or outpatient substance abuse treatment program that has policies or procedures that restrict the use of medication-assisted treatment for the treatment of substance use disorder in minor patients shall not be eligible for reimbursement from the state's medicaid program for services rendered to minors.

          C. No later than December 1, 2024, the health care authority department shall promulgate rules for the operation of medication-assisted treatment programs in inpatient substance abuse treatment facilities and outpatient substance abuse treatment programs in consultation with the department of health, the children, youth and families department, inpatient substance abuse treatment facility administrators, outpatient substance abuse treatment program administrators and health care providers with experience treating substance use disorder among minor patients.

          D. Beginning October 1, 2024 and annually thereafter, the health care authority department shall report to the interim legislative health and human services committee on the availability of medication-assisted treatment for minor patients at inpatient substance abuse treatment facilities and outpatient substance abuse treatment programs.

     SECTION 3. [NEW MATERIAL] EVIDENCE-BASED ADDICTION TREATMENT FOR MINORS FUND--CREATED.--

          A. The "evidence-based addiction treatment for minors fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The health care authority department shall administer the fund, and money in the fund is appropriated to the health care authority department to assist the children, youth and families department, the department of health and licensed substance abuse treatment providers to establish and operate medication-assisted treatment programs for minors. Disbursements from the fund shall be made by warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of health care authority.

          B. No later than December 1, 2024, the health care authority department shall promulgate rules for the disbursement of money from the fund, including eligibility criteria for receiving money from the fund.

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