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

SPONSOR Chasey

ORIGINAL DATE

LAST UPDATED

01/26/07

HB 259

SHORT TITLE Day Program for Persons With Brain Injuries

SB

ANALYST Geisler

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$130.0

Recurring

General

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Aging and Long-Term Services Department (ALTSD)

Developmental Disabilities Planning Council (DDPC)

SUMMARY

Synopsis of Bill

House Bill 259, for the Legislative Health and Human Services Committee, appropriates

$130,000 from the general fund to the Aging and Long-Term Services Department (ALTSD) in

Fiscal Year 2008 to fund day programs that assist persons with traumatic or acquired brain injury

in learning social and life skills. The bill also directs ALTSD to create and replicate an effective

statewide services delivery model for persons with brain injury. Any unexpended or

unencumbered balance remaining at the end of FY08 shall revert to the general fund.

FISCAL IMPLICATIONS

ALTSD notes that this appropriation is not included in the ALTSD FY08 operating budget

request. However, both the executive and Legislative Finance Committee budget

recommendations provide $1.9 million in expansion funding to establish permanent funding for

long-term brain injury services.

House Bill 259 – Page

2

ALTSD currently administers the statewide Traumatic Brain Injury Trust Fund Program and the

Medicaid Self-Directed Waiver (Mi Via) program that includes home and community based

services, goods and supports to persons with brain injury. The appropriation contained in House

Bill 259 would be integrated into one or both of the aforementioned programs to provide a more

comprehensive delivery of services to individuals with brain injury. ALTSD believes the

appropriation is sufficient to create a separate or stand alone program or service.

SIGNIFICANT ISSUES

ALTSD notes that the Center for Disease Control (CDC) estimates there are approximately

36,000 New Mexicans are living with the consequences of traumatic brain injury alone and

significantly more people living with acquired brain injuries. Individuals with brain injury

frequently require assistance to learn or relearn social and life skills. Adults often experience

difficulty in obtaining access to services that assist them in acquiring these skills, unless family

members are available and willing to provide the needed support. Even when family members

provide support, there are times when family members need immediate day services due to some

emergency within the family. The program envisioned by House Bill 259 would help meet these

needs.

Currently, the Traumatic Brain Injury (TBI) program, the only state-funded program for persons

in New Mexico with brain injury, has limited funding and is only able to provide crisis or short

term services. Day service is not a service that is available through this program. The Medicaid

Self-Directed Waiver Program, Mi Via, provides long-term services, goods and supports to

eligible persons with traumatic or acquired brain injury. The Mi Via participant could purchase

day services from his/her budget if day service were available in a given community. Day

services are not readily available in many communities, are relatively expensive and emergency

day services are even less available. Based on the Medicaid Mi Via Waiver application that

serves persons with brain injury that was approved by the Centers for Medicare and Medicaid

Services in September 2006, in FY07, up to 200 people with brain injury may have the

opportunity to access Mi Via Waiver services. To the extent that day services are available in a

community, the Mi Via participant would be able to purchase day services with the approved

budget.

TECHNICAL ISSUES

ALTSD notes that House Bill 259 does not provide sufficient information to identify the intent

or expectation of creating a day care program for individuals with brain injury. House Bill 259

does not provide adequate information on the number of individuals expected to be served or the

number of programs expected to be established around the state. House Bill 259 does not

specify income eligibility requirements for individuals with brain injury needing day services. It

is not clear if the intent is to limit this funding for day service to low income or Medicaid eligible

individuals or to anyone with brain injury needing day services.

GG/csd