HB 353

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AN ACT

RELATING TO DISABILITIES; ENACTING THE MONEY FOLLOWS THE

PERSON IN NEW MEXICO ACT.

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

Section 1. SHORT TITLE.--This act may be cited as the

"Money Follows the Person in New Mexico Act".

Section 2. DEFINITION.--As used in the Money Follows

the Person in New Mexico Act, "department" means the aging and

long-term services department.

Section 3. COMMUNITY-BASED LIVING--CHOICE OF OPTIONS.--

An elderly or disabled individual who is identified and

assessed as eligible for community-based living shall be

allowed to choose, from among all service options available,

the type of service that best meets that individual's needs.

The individual's medical assistance funds shall be made

available for the individual for the service option the

individual selects, not to exceed the cost of the service.

The department shall apply for federal approval as necessary,

and upon federal approval, implement this section under

existing or future federal legislation.

Section 4. INFORMATION.--The department shall identify

and provide adequate information to a medicaid-eligible

individual residing in a nursing home and, if appropriate, the

individual's representative, of the opportunity for the

individual to receive community-based services and support

pursuant to the Money Follows the Person in New Mexico Act.

Section 5. QUALITY IMPROVEMENT.--The department shall

develop and implement a quality improvement system of

performance indicators and outcome measures to evaluate the

level and effectiveness of participation of individuals who

are eligible for community-based services and to ensure that

the services and support that an individual receives pursuant

to the Money Follows the Person in New Mexico Act are

adequate. HB 353

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