HOUSE BILL 726

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Danice Picraux

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO HEALTH CARE; PROVIDING FOR HOME- AND COMMUNITY-BASED SERVICES AND HOSPICE SERVICES TO BE PROVIDED CONCURRENTLY.

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 medicaid 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 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 communication with the case manager of the home- and community-based services program, or with the case manager's designee, to ensure that the recipient receives appropriate care. The hospice care program and the community-based services program shall develop a coordinated plan of care regarding the recipient's terminal illness."

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