HOUSE BILL 559

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Danice Picraux

AN ACT

RELATING TO HEALTH CARE; PROVIDING FOR HOME AND COMMUNITY-BASED SERVICES AND HOSPICE SERVICES TO BE PROVIDED CONCURRENTLY; AMENDING A SECTION OF THE PUBLIC ASSISTANCE ACT.

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 AND COMMUNITY-BASED SERVICES AND HOSPICE SERVICES PROVIDED CONCURRENTLY.--

          A. A medicaid recipient eligible for home and community-based services and hospice services may receive the services concurrently. A medicaid recipient receiving home and community-based services, including services pursuant to the developmentally disabled waiver program, the disabled and elderly waiver program, the HIV/AIDS waiver program, the medically fragile waiver program and the personal care option program shall not be denied hospice services on the basis that the recipient receives home and community-based services.

          B. If a medicaid recipient receives home and community-based services and hospice services concurrently, the hospice care program providing the hospice services is responsible for assessing, planning, monitoring, directing and evaluating the recipient's care that relates to the recipient's terminal illness and shall maintain communications with the case manager of the home and community-based services, or with the case manager's designee, to ensure that the recipient receives appropriate care. The hospice care program and case manager shall develop a coordinated plan of care regarding the medicaid recipient's terminal illness."

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