Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR Boykin

ORIGINAL DATE

LAST UPDATED

1-23-06

HB 53

SHORT TITLE Southern NM Behavioral Health Services

SB

ANALYST Collard

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

$3,300.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB 15, Relates to SB 14 and SB 137

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

Human Services Department (HSD)

Children, Youth and Families Department (CYFD)

New Mexico Corrections Department (NMCD)

Developmental Disabilities Planning Council (DDPC)

SUMMARY

House Bill 53 appropriates $3.3 million from the general fund to DOH for the purpose of provid-

ing behavioral health services in southern New Mexico as follows: $2.5 million for inpatient as-

sessment and treatment for individuals in protective custody or 30-day involuntary civil com-

mitment, $400 thousand to establish a mobile crisis team to work with law enforcement, and

$400 thousand for residential and non-residential transitional treatment or temporary day beds

for court-ordered jail diversion.

FISCAL IMPLICATIONS

The appropriation of $3.3 million contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of FY07 shall revert to the gen-

eral fund.

HSD indicates some of the individuals who would benefit from the services outlined under this

House Bill 53 – Page

2

bill could potentially be Medicaid eligible and those services would therefore be eligible for a

federal Medicaid match. However, the populations implied by these services are not typically

Medicaid-eligible. Therefore, the fiscal implications for HSD are not likely to be significant.

The fiscal impact on NMCD is minimal. Having more treatment options available to the men-

tally ill may provide a treatment option rather than incarceration for the mentally ill. The facility

would also be utilized to house seriously mentally ill probationers and parolees as necessary.

Having greater resources for dealing with issues of mental illness may reduce the number of pro-

bation and parole revocations.

SIGNIFICANT ISSUES

DOH indicates it currently purchases a majority of its behavioral health services through the Be-

havioral Health Purchasing Collaborative’s contract with ValueOptions-New Mexico (VO-NM).

These services are provided through contract providers in southern New Mexico in through Re-

gion 4 and 5. Approximately $400 thousand is allocated for psychiatric care in the two regions

(4 and 5). Mobile Crisis services will require appropriate professionals, oversight and manage-

ment.

HSD indicates beginning in July 2005, all public behavioral health services in the state are being

coordinated through a contracted statewide entity (VO-NM). Presumably, that statewide entity

would also coordinate this appropriation.

Local Behavioral Health Collaboratives should be part of the decision-making process regarding

the need for specific behavioral health services in their geographic area. It is not known whether

any Local Collaborative in southern New Mexico has been consulted regarding this appropria-

tion.

NMCD indicates having greater resources for dealing with issues of mental illness may reduce

the number of crimes and probation/ parole revocations. An increase in the number of treatment

options might also reduce recidivism.

A small number of prisoners, three in 2005, were involuntarily committed upon release. This

procedure is used when the prisoner being released has a particularly high probability of injuring

themselves or others, as a result of their mental illness. These commitments are for a short pe-

riod of time, thirty days or less, and are used to transition the inmate with serious mental illness

back into society. More facilities would allow more options when releasing this type of inmate.

DDPC states, when persons with developmental disabilities have co-occurring behavioral health

disorders, they are more likely than persons without developmental disabilities to be incarcer-

ated, placed under protective custody or involuntarily committed. DDPC hears reports on a

regular basis about persons with mental retardation or developmental disabilities who have been

housed in county jails or under inpatient psych settings for extended periods of time without ap-

propriate assessment, treatment and diversion to more appropriate, less restrictive settings. This

bill, if passed, will help address this problem in the southern part of the state.

House Bill 53 – Page

3

ADMINISTRATIVE IMPLICATIONS

DOH indicates this bill may have some administrative impact, as it requires the development of a

treatment facility, the establishment of short-term or crisis residential housing, and the creation

of a mobile crisis team.

DUPLICATION, RELATIONSHIP

House Bill 53 duplicates Senate Bill 15. Additionally, it relates to Senate Bill 14 that would ap-

propriate $3 million to DOH for Assertive Community Treatment teams in southern New Mex-

ico and Senate Bill 137, which would appropriate $2 million to leverage resources and provide

mobile crisis, assertive community treatment and residential treatment services in Dona Ana

County and southern New Mexico.

ALTERNATIVES

DOH suggests continuing with the inpatient and community-based services currently purchased

by VO-NM under the guidance and supervision of the Behavioral Health Purchasing Collabora-

tive. Additionally, allow the Local Collaboratives to begin their Phase 2 work on service needs

and gaps to insure appropriate utilization of funds in the behavioral health service system in Re-

gions 4 and 5 and across the state.

KBC/mt