HB0424

HOUSE BILL 424

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

INTRODUCED BY

Rebecca Dow and Gail Armstrong

AN ACT

RELATING TO CHILDREN; ENACTING THE PREGNANCY AND FAMILY CARE ACT TO PROVIDE FOR THE SCREENING OF PREGNANT PATIENTS FOR SUBSTANCE USE DISORDER; PRIORITIZING TREATMENT FOR THOSE PATIENTS, INCLUDING THE DEVELOPMENT OF FAMILY PLANS OF CARE TO PROVIDE A RANGE OF SERVICES TO ADDRESS RELATED NEEDS; REQUIRING THE DEPARTMENT OF HEALTH TO DEVELOP A SYSTEM, DISTINCT FROM THE SYSTEM USED FOR REPORTING ALLEGATIONS OF CHILD ABUSE AND NEGLECT, TO REQUIRE HEALTH CARE PROVIDERS TO NOTIFY THE DEPARTMENT REGARDING THE BIRTH OF SUBSTANCE-EXPOSED INFANTS, INCLUDING DISAGGREGATED, NON-PERSONAL IDENTIFYING INFORMATION; REQUIRING HOSPITALS, BIRTHING CENTERS AND OTHER FACILITIES TO PROVIDE ALL POSTPARTUM PATIENTS WITH INFORMATION REGARDING THE DEVELOPMENT OF VOLUNTARY FAMILY CARE PLANS; REQUIRING THE DEPARTMENT TO DEVELOP EDUCATIONAL AND TRAINING MATERIALS FOR HEALTH CARE PROVIDERS AND OTHERS PROVIDING SERVICES TO PREGNANT AND POSTPARTUM PATIENTS REGARDING FAMILY PLANS OF CARE; ESTABLISHING STATEWIDE AND COUNTY ADVISORY COUNCILS TO PROVIDE RECOMMENDATIONS TO THE DEPARTMENT RELATED TO THE IMPLEMENTATION OF THE PREGNANCY AND FAMILY CARE ACT; PROVIDING FOR REPORTING; REPEALING SECTIONS OF THE CHILDREN'S CODE.

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

SECTION 1. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Pregnancy and Family Care Act"."

SECTION 2. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Pregnancy and Family Care Act:

A. "department" means the department of health;

B. "family care plan" means a plan created by a health care provider or substance use disorder treatment provider for a pregnant or postpartum patient, a substance-exposed infant, a caregiver or a patient's family members to provide a range of services to address substance use disorder treatment, mental health issues, health care needs, parenting skills, child development, education and other related needs;

C. "infant" means a child under the age of one year;

D. "substance-exposed infant" means an infant for whom prenatal substance exposure is indicated and confirmed by a health care provider; and

E. "substance use disorder" means a pattern of use of alcohol, cannabis, hallucinogens, opioids, sedatives or other drugs leading to clinical or functional impairment in accordance with the definition in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders."

SECTION 3. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] PRENATAL SCREENING FOR SUBSTANCE USE DISORDERS--DEVELOPMENT OF FAMILY CARE PLANS.--

A. During the first visit with a pregnant patient, a health care provider shall, with the consent of the patient, conduct a written or verbal screening for substance use disorder to determine whether an assessment is required.

B. At any point during the treatment of a pregnant patient, a health care provider may, with the consent of the patient, conduct a follow-up screening for substance abuse disorder.

C. If a health care provider determines through the screening process that a pregnant patient may have a substance use disorder, the health care provider shall conduct an assessment to determine whether and which treatment or other services are appropriate and refer the patient to another health care provider to conduct the assessment.

D. If a health care provider conducting an assessment diagnoses a pregnant patient with an untreated substance use disorder, the health care provider shall, with the patient's consent, develop a family care plan."

SECTION 4. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] SCREENING AND ASSESSING SUBSTANCE USE DISORDER TREATMENT FOR PREGNANT OR POSTPARTUM PATIENTS.--

A. A pregnant or postpartum patient referred to a substance use disorder treatment provider shall be given priority for starting available treatment.

B. A substance use disorder treatment provider who receives state or federal funds shall not refuse to treat a patient because the patient is pregnant, postpartum or already receiving medication for substance use disorder.

C. A pregnant or postpartum patient who is incarcerated in a state correctional facility or county jail, participating in a court-supervised program or on parole or probation shall receive substance use disorder treatment or continue to receive substance use disorder treatment as recommended by the patient's health care provider.

D. A health care provider shall not directly bill a pregnant or postpartum patient for any service related to substance use disorder treatment who has insurance coverage, unless the health care provider receives a prior authorization rejection, rejection for payment of a claim or denial of coverage from the patient's insurer. A patient may, however, pay a health care provider for services related to substance use disorder at the patient's discretion."

SECTION 5. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] NOTIFICATION REQUIREMENTS--PROCESS.--

A. No later than October 1, 2025, the department shall establish a system, distinct from the one currently in place at the children, youth and families department for reporting alleged child abuse or neglect, requiring health care providers who deliver or care for a substance-exposed infant to simultaneously notify the department and the hospital, birthing center or facility where the infant was delivered about the birth of a substance-exposed infant, via an online portal or a written form, as prescribed by department rule and consistent with the requirements of the federal Child Abuse Prevention and Treatment Act and the federal Comprehensive Addiction and Recovery Act of 2016, which shall, at a minimum, include the following disaggregated, non-personal identifying information:

(1) the zip code of the patient who gave birth to the infant or, if unhoused, the facility where the birth occurred;

(2) the race or ethnicity of the patient who gave birth to the infant;

(3) whether the birth was pre-term;

(4) the substances used by the patient who gave birth to the infant and whether those substances were provided by a health care provider;

(5) the substances affecting the infant;

(6) whether a family care plan had been established for the patient before giving birth; and

(7) whether the health care provider who provided the notification made a separate, concurrent report to the children, youth and families department alleging child abuse or neglect.

B. A hospital, birthing center or other facility shall, before discharging any infant, provide to the patient, a caregiver or a family member information regarding the development of a family care plan, including instructions for follow-up.

C. Beginning January 1, 2026, a hospital, birthing center or other facility shall provide the department, each quarter, with information regarding the number of patients who have been provided information regarding the development of a family care plan.

D. A substance use disorder diagnosis or a prenatal or postnatal toxicology test of the patient or the infant at the time of birth showing the presence of a controlled substance, a prescription drug, a non-prescription drug, alcohol or cannabis shall not, itself, be a sufficient basis to require:

(1) a health care provider to make a report to the children, youth and families department of alleged child abuse or neglect;

(2) the children, youth and families department to start an investigation of the patient or the patient's family members for alleged child abuse or neglect;

(3) the children, youth and families department to remove custody of the infant from the patient or the patient's family members; or

(4) a law enforcement agency to start a criminal investigation of the patient or the patient's family members.

E. Nothing in this section shall prevent a health care provider from making a report to the children, youth and families department of alleged child abuse or neglect if factors other than substance use by the patient giving birth to the infant are present and may harmfully impact the health or safety of the infant.

F. The notification required to be submitted to the department pursuant to this section is confidential and not subject to subpoena, discovery or disclosure pursuant to the Inspection of Public Records Act.

G. Nothing in the Pregnancy and Family Care Act shall prevent an agency from obtaining identifying information about a patient or a substance-exposed infant, with the consent of the patient, for the purpose of collaborating with other state agencies, health care providers or other entities for the purpose of providing services to the patient, the infant, the caregiver or family members pursuant to a family care plan."

SECTION 6. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] FAMILY CARE PLANS--MANAGEMENT--PARTICIPATION.--

A. A patient shall select a health care provider, a substance use disorder treatment provider, a community health worker or other person to manage the patient's family care plan.

B. Participation in a family care plan by a patient, a caregiver or a patient's family member shall be voluntary. Refusal to participate in a family care plan shall not be a sufficient basis to require:

(1) a person to make a report to the children, youth and families department of alleged child abuse or neglect;

(2) the children, youth and families department to start an investigation of the patient, the caregiver or the patient's family members for alleged child abuse or neglect;

(3) the children, youth and families department to remove custody of the infant from the patient, the caregiver or the patient's family members; or

(4) a law enforcement agency to start a criminal investigation of the patient, the caregiver or the patient's family members.

C. A patient who refuses to participate in a family care plan or who terminates participation shall be able to begin or resume participation at any time up to twelve months after giving birth."

SECTION 7. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] EDUCATION AND TRAINING MATERIALS FOR SERVICE PROVIDERS AND INFORMATION FOR MEMBERS OF THE PUBLIC.--

A. The department, in collaboration with the relevant state agencies and other stakeholders, shall create:

(1) educational and training materials to support health care providers, substance use disorder providers, first responders, law enforcement agencies and others providing services to pregnant and postpartum patients and substance-exposed infants, including information regarding:

(a) the notification requirements pursuant to Section 5 of the Pregnancy and Family Care Act;

(b) distinguishing the circumstances that require making a report of alleged child abuse or neglect to the children, youth and families department;

(d) promoting early intervention;

(e) approaches for reducing the stigma associated with substance use disorder; and

(f) using trauma-informed techniques when treating patients with substance use disorder; and

(2) educational materials for members of the public who may become pregnant and have a substance use disorder, including information regarding:

(a) the services available pursuant to the Pregnancy and Family Care Act;

(b) the availability of contraceptives and how to obtain them within their community;

(d) the availability of services providing harm reduction programs within their community.

B. The department shall make the educational materials created pursuant to Paragraph (2) of Subsection A of this section available by:

(1) posting the educational materials on the department's website; and

(2) providing the educational materials, at no cost, to entities that provide services to people who have substance use disorders or are pregnant, postpartum or parenting."

SECTION 8. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] STATEWIDE PERINATAL ADVISORY COUNCIL--MEMBERSHIP--APPOINTMENT--DUTIES.--

A. The "statewide perinatal advisory council" is

established and is administratively attached to the department.

B. The statewide perinatal advisory council shall hold the first meeting no later than September 1, 2025 and thereafter shall meet at least quarterly at the call of the chair.

C. The statewide perinatal advisory council consists of fifteen members who shall be residents of the state and appointed by and serve at the pleasure of the secretary of health.

D. Members shall include:

(1) the secretary of health or the secretary's designee, who shall serve as chair of the council;

(2) the secretary of children, youth and families or the secretary's designee;

(3) the secretary of early childhood education and care or the secretary's designee;

(4) the secretary of health care authority or the secretary's designee;

(5) a representative of the administrative office of the courts;

(6) a representative of law enforcement officers; and

(7) nine members from diverse linguistic and cultural backgrounds and varied geographic regions, at least six of whom shall be providers of services related to treating pregnant and postpartum patients for substance use disorder and promoting positive pregnancy- and postpartum-related health outcomes, and at least three of whom shall be parents with lived experience regarding substance use disorder appointed by the secretary.

E. The secretary of health shall endeavor to appoint members from underserved communities.

F. Non-state employee members may receive per diem and mileage pursuant to the Per Diem and Mileage Act.

G. The secretary of health shall adopt and promulgate rules for the conduct of meetings.

H. Members appointed pursuant to Paragraphs (5) through (7) of Subsection E of this section shall be appointed to serve an initial two-year term. A member vacancy shall be filled in the same manner as the original appointment, and the newly appointed individual shall serve out the remainder of the term.

I. No later than September 1, 2026, and annually thereafter, the statewide perinatal advisory council shall provide a report to the department containing information and recommendations regarding perinatal substance use disorder, including:

(1) models that emphasize coordination of substance use disorder treatment services with other services that address health care, child welfare and child development needs;

(2) improvement of coordinated responses by state agencies, including workforce development in underserved areas;

(3) racial or ethnic disparities regarding access to substance use disorder treatment, involvement with the criminal justice system and involvement with child protective services;

(4) promotion of the distribution of the educational and training materials developed pursuant to Section 7 of the Pregnancy and Family Care Act;

(5) communication with policymakers at the state and federal levels regarding the prevention and treatment needs of pregnant and postpartum patients with substance use disorder and the patients' children;

(6) allocation of resources where needed;

(7) coordination with the local councils established pursuant to Section 9 of the Pregnancy and Family Care Act to address the perinatal substance use disorder issues in each county; and

(8) any other duties determined by the department."

SECTION 9. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] COUNTY PERINATAL ADVISORY COUNCILS--MEMBERSHIP--APPOINTMENT--DUTIES.--

A. The department, in conjunction with each board of county commissioners or tribal leadership, shall establish county perinatal coordinating councils for each county, or group of counties where resources are limited.

B. Each county perinatal coordinating council shall

hold its first meeting no later than September 1, 2025, and thereafter shall meet at least quarterly at the call of the chair.

C. Each county perinatal coordinating council shall, to the extent possible, consist of members who are residents of the county or group of counties who provide services to residents of the county and shall serve at the pleasure of the chair.

D. Members shall include:

(1) a member of the board of county commissioners or tribal leadership, appointed by the secretary, who shall serve as the chair;

(2) a representative from the county's department of health office or a member of the county health council or tribal health council, appointed by the director of the office or the secretary;

(3) a representative from the county's children, youth and families department office, appointed by the secretary of children, youth and families;

(4) a person with knowledge of prenatal and child health services available in the county, appointed by the director of the county's department of health office or the secretary;

(5) a person with knowledge of outreach and intervention services available in the county, appointed by the director of the county's department of health office;

(6) a person with knowledge of early intervention services available in the county, appointed by the director of the county's early childhood and education and care department office or the secretary of early childhood education and care;

(7) a substance use disorder treatment provider with experience treating pregnant patients with substance use disorder in the county, appointed by the New Mexico medical board;

(8) a representative from a community organization in the county that focuses on equitable access to health care, appointed by the chair;

(9) a parent residing in the county with lived experience of substance use disorder while pregnant, appointed by the director of the county's department of health office or the secretary; and

(10) a county law enforcement officer or district attorney, appointed by the county law enforcement agency or district attorney.

E. Members of county perinatal coordinating councils shall serve an initial two-year term. In the event of a vacancy in council membership, the vacancy shall be filled

in the same manner as the original appointment, and the newly appointed individual shall serve out the remainder of the term.

F. Non-state employee members may receive per diem and mileage pursuant to the Per Diem and Mileage Act.

G. The chair of the council shall adopt and promulgate rules for the conduct of meetings.

H. All members shall be appointed to serve an initial two-year term. A member vacancy shall be filled in the same manner as the original appointment, and the newly appointed individual shall serve out the remainder of the term.

I. No later than July 1, 2026 and annually thereafter, each county perinatal advisory council shall provide a report to the statewide perinatal advisory council containing information about the perinatal substance use disorder problem in the county or counties served by the council, including recommendations regarding:

(1) models for new coordinated responses by state agencies, including workforce development in underserved areas;

(2) the impact of racial or ethnic disparities regarding access to substance use disorder treatment, involvement with the criminal justice system and involvement with child protective services;

(3) the distribution within the county of the educational and training materials developed pursuant to Section 7 of the Pregnancy and Family Care Act;

(4) communication with policymakers at the state and federal levels regarding the prevention and treatment needs of pregnant and postpartum patients with substance use disorder and their children;

(5) allocation of additional resources where needed;

(6) collaboration and coordination with the statewide perinatal advisory council established pursuant to Section 8 of the Pregnancy and Family Care Act to address the perinatal substance use disorder issues in the county; and

(7) any other duties determined by the chair."

SECTION 10. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] REPORTING.--No later than November 1, 2026 and annually thereafter, the department shall provide a report to the legislative finance committee, the interim legislative health and human services committee, the interim legislative committee that studies courts, corrections and justice and the governor containing information and recommendations regarding perinatal substance use disorder."

SECTION 11. REPEAL.--Sections 32A-3A-13 and 32A-3A-14 NMSA 1978 (being Laws 2019, Chapter 190, Sections 3 and 4) are repealed.

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