46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO MEDICAID; DIRECTING THE HUMAN SERVICES DEPARTMENT TO ESTABLISH A WAIVER PROGRAM TO PROVIDE PRESCRIPTION DRUGS FOR CERTAIN SENIORS AND DISABLED PERSONS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. PRESCRIPTION DRUG WAIVER PROGRAM--PURPOSE--ELIGIBILITY.--Subject to the availability of state funds and consistent with the federal Social Security Act, the human services department shall create a medicaid waiver program and may by regulation provide prescription drugs to seniors over the age of sixty-five with incomes of no more than one hundred eighty-five percent of the federal poverty level and to persons who meet the state's fiscal eligibility criteria for the developmental disabilities waiver program and the disabled and elderly waiver program, whether or not enrolled.

Section 2. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the human services department for expenditure in fiscal years 2003 and 2004 for the purpose of establishing a program to provide prescription drugs to certain seniors over sixty-five years of age and to persons eligible for services under the state's medicaid waiver programs for the developmentally disabled and for elderly and disabled persons, by applying to the federal centers for medicare and medicaid services for a Title 19 waiver of the state's medicaid program. The department shall include, to the extent practicable, cost-sharing provisions so as to minimize state general fund expenditures. This appropriation includes funds for application, start-up and outreach efforts. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 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.