HOUSE BILL 152

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Eleanor Chávez

 

 

 

 

 

AN ACT

RELATING TO HEALTH; PREVENTING THE RESTRICTION OF MEDICATION-ASSISTED TREATMENT FOR MINORS IN INPATIENT, OUTPATIENT, JUVENILE CORRECTION AND JUVENILE DETENTION FACILITIES AND PROGRAMS THAT HOUSE OR TREAT ADOLESCENTS WITH SUBSTANCE USE DISORDERS AND ARE OPERATED OR FUNDED BY THE STATE; CREATING THE EVIDENCE-BASED SUBSTANCE USE DISORDER 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 use treatment facility" means a residential facility that operates twenty-four hours per day and provides intensive management of symptoms related to substance use disorder and monitoring of the physical and mental complications resulting from substance use;

          C. "juvenile correction facility" means the physical plant and buildings operated by or on behalf of the juvenile justice division of the children, youth and families department or any other facility or location designated by the juvenile justice division's director to house or provide care to clients committed to the custody of the children, youth and families department;

          D. "juvenile detention facility" means a place where a child may be detained under the Children's Code pending a court hearing and does not include a facility for the care and rehabilitation of an adjudicated delinquent child;

          E. "medication-assisted treatment" means the use of federal-food-and-drug-administration-approved prescription drugs, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders;

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

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

     SECTION 2. [NEW MATERIAL] MEDICATION-ASSISTED TREATMENT FOR MINORS IN INPATIENT SUBSTANCE USE TREATMENT FACILITIES, OUTPATIENT SUBSTANCE USE TREATMENT PROGRAMS, JUVENILE CORRECTION FACILITIES AND JUVENILE DETENTION FACILITIES.--

          A. By the end of fiscal year 2026, the department of health, the health care authority and the children, youth and families department shall not operate or contract with an inpatient substance use treatment facility, an outpatient substance use treatment program, a juvenile correction facility or a juvenile detention facility 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 use treatment facility, an outpatient substance use treatment program, a juvenile correction facility or a juvenile detention facility 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, 2025, the health care authority shall promulgate rules for the operation of medication-assisted treatment programs in inpatient substance use treatment facilities, outpatient substance use treatment programs, juvenile correction facilities and juvenile detention facilities in consultation with the department of health, the children, youth and families department, inpatient substance use treatment facility administrators, outpatient substance use treatment program administrators and health care providers with experience treating substance use disorder among minor patients.

          D. Beginning October 1, 2025 and annually thereafter, the health care authority shall report to the interim legislative health and human services committee on the availability of medication-assisted treatment for minor patients at inpatient substance use treatment facilities, outpatient substance use treatment programs, juvenile correction facilities and juvenile detention facilities.

     SECTION 3. [NEW MATERIAL] EVIDENCE-BASED SUBSTANCE USE DISORDER TREATMENT FOR MINORS FUND--CREATED.--

          A. The "evidence-based substance use disorder 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 shall administer the fund, and money in the fund is appropriated to the health care authority to assist the children, youth and families department, the department of health and licensed substance use 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, 2025, the health care authority shall promulgate rules for the disbursement of money from the fund, including eligibility criteria for receiving money from the fund.

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