AN ACT

RELATING TO MEDICAID; AUTHORIZING THE CREATION OF A MEDICAID WAIVER PROGRAM TO SUPPORT INDIVIDUALS WITH BRAIN INJURIES; 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:

"BRAIN INJURY--WAIVER PROGRAM AUTHORIZED.--Subject to the availability of state funds and consistent with the federal Social Security Act, the department shall create a medicaid waiver program to provide services for persons with brain injuries, including long-term disability services, with an emphasis on home- and community-based services."

Section 2. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the department of health for expenditure in fiscal years 2004 and 2005 for the purpose of establishing and funding a brain injury medicaid waiver program in cooperation with the human services department. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 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.