0001|                            SENATE BILL 65
    |
0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998
    |
0003|                            INTRODUCED BY
    |
0004|                          Joseph J. Carraro
    |
0005|     
    |
0006|                                   
    |
0007|     
    |
0008|                                   
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO HEALTH; PROVIDING FOR DEVELOPMENT AND
    |
0012|     IMPLEMENTATION OF A PLAN FOR THE GROWTH OF INTERMEDIATE CARE
    |
0013|     FACILITIES FOR THE MENTALLY RETARDED; MAKING AN APPROPRIATION
    |
0014|     TO PROVIDE SERVICES FOR NEW CLIENTS UNDER THE WAIVER PROGRAM
    |
0015|     FOR DEVELOPMENTALLY DISABLED PERSONS; DECLARING AN EMERGENCY.
    |
0016|     
    |
0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0018|          Section 1.  INTERMEDIATE CARE FACILITIES FOR THE MENTALLY
    |
0019|     RETARDED--LICENSURE MORATORIUM.--
    |
0020|               A.  The department of health shall not issue a
    |
0021|     license to any new intermediate care facility for the mentally
    |
0022|     retarded, and the department shall not issue a license for an
    |
0023|     increase beyond the intermediate care bed capacity for the
    |
0024|     mentally retarded that existed on January 1, 1998.  No
    |
0025|     intermediate care facility shall apply for a license except as
    |
<center>- 1 -</center>

0001|     provided in Subsection B of this section.
    |
0002|               B.  Except as provided in Subsection C of this
    |
0003|     section for transfers, the department may accept applications
    |
0004|     for and issue licenses to intermediate care facilities for the
    |
0005|     mentally retarded on and after the earliest of the following
    |
0006|     dates:
    |
0007|                    (1)  July 1, 1999, provided that the secretary
    |
0008|     of human services certifies to the secretary of health that
    |
0009|     the human services department and the department of health
    |
0010|     have approved and presented to the first session of the forty-
    |
0011|     fourth legislature a plan to control the growth of
    |
0012|     intermediate care facilities for the mentally retarded and to
    |
0013|     establish the future role of intermediate care facilities for
    |
0014|     the mentally retarded in the developmental disabilities
    |
0015|     service system; or
    |
0016|                    (2)  the date the secretary of health
    |
0017|     certifies to the department of finance and administration that
    |
0018|     an emergency exists that threatens the health and safety of
    |
0019|     persons with developmental disabilities, but licenses issued
    |
0020|     pursuant to this paragraph shall not exceed the total
    |
0021|     statewide bed capacity in intermediate care facilities for the
    |
0022|     mentally retarded that existed on January 1, 1998.
    |
0023|               C.  Upon application, the department shall license
    |
0024|     no more than eighty beds beyond the total of licensed and
    |
0025|     operating intermediate care facilities for the mentally
    |
<center>- 2 -</center>

0001|     retarded as of January 1, 1998 to currently licensed
    |
0002|     intermediate care facilities for the mentally retarded for the
    |
0003|     purposes of this subsection, provided that:
    |
0004|                    (1)  the facilities are licensed to provide
    |
0005|     sufficient beds and care for no more than four mentally
    |
0006|     retarded persons per residence;
    |
0007|                    (2)  the facilities include fiscal,
    |
0008|     geographic, service and access criteria pursuant to rules
    |
0009|     adopted by the department of health  necessary to provide for
    |
0010|     the needs of persons in need of those facilities;
    |
0011|                    (3)  the facilities are in accordance with the
    |
0012|     freedom of choice provisions of Title 19 of the Social
    |
0013|     Security Act;
    |
0014|                    (4)  the facilities are located no closer that
    |
0015|     one hundred fifty feet from an existing intermediate care
    |
0016|     facility for the mentally retarded, home for persons with
    |
0017|     development disabilities or a nursing home; and
    |
0018|                    (5)  eight of the eighty beds shall be exempt
    |
0019|     from the provisions of Paragraphs (1) through (4) of this
    |
0020|     subsection and are transferred to the Las Vegas medical center
    |
0021|     by the department of health for the purposes of programs for
    |
0022|     persons with developmental disabilities.
    |
0023|               D.  As used in this section, "intermediate care
    |
0024|     facility for the mentally retarded" means any intermediate
    |
0025|     care facility eligible for certification as an intermediate
    |
<center>- 3 -</center>

0001|     care facility for the mentally retarded.
    |
0002|          Section 2.  APPROPRIATION.--Two million dollars
    |
0003|     ($2,000,000) is appropriated from the general fund to the
    |
0004|     department of health for expenditure in fiscal years 1998 and
    |
0005|     1999 for the purpose of providing services to new clients not
    |
0006|     currently enrolled in the waiver program for developmentally
    |
0007|     disabled persons.  Any unexpended or unencumbered balance
    |
0008|     remaining at the end of fiscal year 1999 shall revert to the
    |
0009|     general fund.
    |
0010|          Section 3.  DELAYED REPEAL.--Section 1 of this act is
    |
0011|     repealed on July 1, 2000.
    |
0012|          Section 4.  EMERGENCY.--It is necessary for the public
    |
0013|     peace, health and safety that this act take effect
    |
0014|     immediately.
    |
0015|                                  
    |