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AN ACT

RELATING TO BEHAVIORAL HEALTH; REVISING THE MEMBERSHIP OF THE

INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE;

PROVIDING FOR RULEMAKING AUTHORITY OF THE INTERAGENCY

BEHAVIORAL HEALTH PURCHASING COLLABORATIVE; REQUIRING A

SEPARATELY IDENTIFIABLE BUDGET REQUEST FOR BEHAVIORAL HEALTH

SERVICES.

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

Section 1. Section 9-7-6.4 NMSA 1978 (being Laws 2004,

Chapter 46, Section 8) is amended to read:

"9-7-6.4. INTERAGENCY BEHAVIORAL HEALTH PURCHASING

COLLABORATIVE.--

A. The "interagency behavioral health purchasing

collaborative" is created and consists of the following

members or their designees:

(1) the secretary of aging and long-term

services;

(2) the secretary of health;

(3) the secretary of corrections;

(4) the secretary of Indian affairs;

(5) the secretary of human services;

(6) the secretary of children, youth and

families;

(7) the secretary of finance and

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administration;

(8) the secretary of labor;

(9) the secretary of public education;

(10) the secretary of transportation;

(11) the director of the administrative

office of the courts;

(12) the director of the governor's

commission on disability;

(13) the director of the New Mexico health

policy commission;

(14) the director of the vocational

rehabilitation division of the public education department;

(15) the executive director of the New

Mexico mortgage finance authority;

(16) the executive director of the

developmental disabilities planning council; and

(17) the governor's health policy

coordinator.

B. The collaborative shall include the following

non-voting members:

(1) the chair of the legislative health and

human services committee;

(2) the vice chair of the legislative health

and human services committee;

(3) a member of the house of representatives

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from a party other than the one to which the chair of the

legislative health and human services committee belongs,

appointed by the speaker of the house of representatives;

(4) a member of the senate from a party

other than the one to which the vice chair of the legislative

health and human services committee belongs, appointed by the

president pro tempore of the senate; and

(5) four members selected by the

collaborative, with the governor's consent, representing other

state agencies.

C. The collaborative is administratively attached

to the human services department. The governor shall appoint

a chair of the collaborative for a two-year period, subject to

confirmation by the senate. The collaborative shall elect a

vice chair from among its members.

D. The collaborative shall meet regularly and at

the call of the chair and shall:

(1) identify behavioral health needs

statewide, with an emphasis on that hiatus between needs and

services set forth in the department of health's gap analysis

and in on-going needs assessments, and develop a master plan

for statewide delivery of services;

(2) give special attention to regional

differences, including cultural, rural, frontier, urban and

border issues;

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(3) inventory all expenditures for

behavioral health, including mental health and substance

abuse;

(4) plan, design and direct a statewide

behavioral health system, ensuring both availability of

services and efficient use of all behavioral health funding,

taking into consideration funding appropriated to specific

affected departments; and

(5) contract for operation of one or more

behavioral health entities to ensure availability of services

throughout the state.

E. The plan for delivery of behavioral health

services shall include specific service plans to address the

needs of infants, children, adolescents, adults and seniors,

as well as to address workforce development and retention and

quality improvement issues. The plan shall be revised every

two years and shall be adopted by the department of health as

part of the statewide health plan.

F. The plan shall take the following principles

into consideration, to the extent practicable and within

available resources:

(1) services should be individually centered

and family focused based on principles of individual capacity

for recovery and resiliency;

(2) services should be delivered in a

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culturally responsive manner in a home or community-based

setting, where possible;

(3) services should be delivered in the

least restrictive and most appropriate manner;

(4) individualized service planning and case

management should take into consideration individual and

family circumstances, abilities and strengths and be

accomplished in consultation with appropriate family,

caregivers and other persons critical to the individual's life

and well-being;

(5) services should be coordinated,

accessible, accountable and of high quality;

(6) services should be directed by the

individual or family served to the extent possible;

(7) services may be consumer or family

provided, as defined by the collaborative;

(8) services should include behavioral

health promotion, prevention, early intervention, treatment

and community support; and

(9) services should consider regional

differences, including cultural, rural, frontier, urban and

border issues.

G. The collaborative shall seek and consider

suggestions of Native American representatives from Indian

nations, tribes, pueblos and the urban Indian population,

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located wholly or partially within New Mexico, in the

development of the plan for delivery of behavioral health

services.

H. Pursuant to the State Rules Act, the

collaborative shall adopt rules through the human services

department for:

(1) standards of delivery for behavioral

health services provided through contracted behavioral health

entities, including:

(a) quality management and improvement;

(b) performance measures;

(c) accessibility and availability of

services;

(d) utilization management;

(e) credentialing of providers;

(f) rights and responsibilities of

consumers and providers;

(g) clinical treatment and evaluation

and supporting documentation; and

(h) confidentiality of consumer

records; and

(2) approval of contracts and contract

amendments by the collaborative, including public notice of

the proposed final contract.

I. The collaborative shall, through the human

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services department, submit a separately identifiable

consolidated behavioral health budget request. The

consolidated behavioral health budget request shall account

for requested funding for the behavioral health services

program at the human services department and any other

requested funding for behavioral health services from agencies

identified in Subsection A of this section that will be used

pursuant to Paragraph (5) of Subsection D of this section.

Any contract proposed, negotiated or entered into by the

collaborative is subject to the provisions of the Procurement

Code.

J. The collaborative shall, with the consent of

the governor, appoint a "director of the collaborative". The

director is responsible for the coordination of day-to-day

activities of the collaborative, including the coordination of

staff from the collaborative member agencies.

K. The collaborative shall provide a quarterly

report to the legislative finance committee on performance

outcome measures. The collaborative shall submit an annual

report to the legislative finance committee and the interim

legislative health and human services committee that provides

information on:

(1) the collaborative's progress toward

achieving its strategic plans and goals;

(2) the collaborative's performance

information, including contractors and providers; and

(3) the number of people receiving services

by race, gender and ethnicity, expenditures by type of service

and other aggregate claims data relating to services rendered

and program operations."

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