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 persons whose incomes are less than one hundred eighty-five percent of the federal poverty level and who:

A. are sixty-five years of age or older; or

B. have been determined to be disabled under the criteria established under the federal social security administration's disability determination rules as applied by the department.

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 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.