SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 189

47th legislature - STATE OF NEW MEXICO - second session, 2006

AN ACT

RELATING TO MEDICAID SERVICES; CREATING A FUND TO SERVE PERSONS ON WAITING LISTS FOR MEDICAID WAIVER PROGRAMS; MAKING AN APPROPRIATION.

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

     Section 1. MEDICAID WAIVER SERVICES FUND--DISTRIBUTION.--

          A. The "medicaid waiver services fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the human services department for the purposes of making distributions pursuant to Subsections B and C of this section. Expenditures from the fund shall be made on warrant of the secretary of finance and administration on vouchers signed by the secretary of human services.

          B. To the extent money in the medicaid waiver services fund is available for such purposes, distributions from the fund shall be made to the department of health to serve persons with developmental disabilities who are on a waiting list to receive services through the medicaid developmental disabilities waiver; provided that:

                (1) ten million five hundred thousand dollars ($10,500,000) shall be distributed in fiscal year 2007 to serve persons who will be receiving services for the first time during that fiscal year;

                (2) eleven million dollars ($11,000,000) shall be distributed in fiscal year 2008 to serve persons who will be receiving services for the first time during that fiscal year;

                (3) eleven million dollars ($11,000,000) shall be distributed in fiscal year 2009 to serve persons who will be receiving services for the first time during that fiscal year; and

                (4) an amount equal to sixty-five percent of the money remaining in the fund shall be distributed in fiscal year 2010 to serve persons who will be receiving services for the first time during that fiscal year.

          C. To the extent money in the medicaid waiver services fund is available for such purposes, distributions from the fund shall be made to the aging and long-term services department to serve disabled and elderly persons who are on a waiting list to receive services through the medicaid disabled and elderly waiver; provided that:

                (1) three million five hundred thousand dollars ($3,500,000) shall be distributed in fiscal year 2007 to serve persons who will be receiving services for the first time during that fiscal year;

                (2) four million dollars ($4,000,000) shall be distributed in fiscal year 2008 to serve persons who will be receiving services for the first time during that fiscal year;

                (3) four million dollars ($4,000,000) shall be distributed in fiscal year 2009 to serve persons who will be receiving services for the first time during that fiscal year; and

                (4) an amount equal to thirty-five percent of the money remaining in the fund shall be distributed in fiscal year 2010 to serve persons who will be receiving services for the first time during that fiscal year.

     Section 2. APPROPRIATION.--Fifty-nine million dollars ($59,000,000) is appropriated from the general fund to the medicaid waiver services fund for expenditure in fiscal year 2007 and subsequent fiscal years for the purpose of making distributions pursuant to Section 1 of this act. Unexpended or unencumbered balances shall not revert at the end of a fiscal year.

     Section 3. DELAYED REPEAL.--Section 1 of this act is repealed effective July 1, 2010.

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