SENATE BILL 558

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

INTRODUCED BY

Pete Campos

 

 

 

 

 

AN ACT

RELATING TO HEALTH CARE; REQUIRING THE HEALTH CARE AUTHORITY TO SUBMIT AN APPLICATION TO THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES TO DEVELOP A HOME-BASED HEALTH CARE MEDICAID WAIVER PROGRAM FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER AND DIAGNOSED WITH A CHRONIC DEBILITATING DISEASE; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

 

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

     SECTION 1. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] HOME-BASED HEALTH CARE MEDICAID WAIVER.--

          A. As used in this section:

                (1) "chronic debilitating disease" means a disease that persists over a long period of time, impairs a person's physical or mental abilities and significantly impacts a person's quality of life; and

                (2) "home-based health care" means health care services provided to a person in the person's home or place of residence. "Home-based health care" includes the following services provided in a person's home or place of residence:

                     (a) skilled nursing;

                     (b) home health aide services;

                     (c) palliative care;

                     (d) primary care;

                     (e) personal care services;

                     (f) in-home respite care;

                     (g) physical therapy;

                     (h) occupational therapy;

                     (i) speech therapy; and

                     (j) non-emergency medical transportation.

          B. No later than August 1, 2025, the authority shall submit an application to the federal centers for medicare and medicaid services for authorization to develop and implement a medicaid waiver program that would provide home-based health care services to individuals who are sixty-five years of age or older and diagnosed with a chronic debilitating disease. If the federal centers for medicare and medicaid services approves the waiver application, the authority shall promulgate rules to implement and administer the waiver program, subject to the availability of state funds and consistent with the federal Social Security Act. The rules shall:

                (1) be developed in consultation with persons with chronic debilitating diseases and health care providers;

                (2) create an application process to allow people to apply to participate in the waiver program; and

                (3) provide for a system of home-based health care services that seniors with chronic debilitating diseases can access."

     SECTION 2. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the health care authority for expenditure in fiscal years 2025 and 2026 to develop a waiver application for a home-based health care program for people who are sixty-five years of age or older and diagnosed with a chronic debilitating disease. Any unexpended or unencumbered balance remaining at the end of fiscal year 2026 shall revert to the general fund.

     SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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