HOUSE JOINT MEMORIAL 5

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Miguel P. Garcia

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

A JOINT MEMORIAL

REQUESTING THE DEPARTMENT OF HEALTH AND NEW MEXICO'S PROTECTION AND ADVOCACY SYSTEM TO COLLABORATE TO TAKE THE NECESSARY STEPS TO BRING AN END TO THE JACKSON LAWSUIT.

     WHEREAS, the federal civil rights lawsuit commonly known as the Jackson lawsuit was filed to address inadequate or inappropriate services for people with developmental disabilities living in state-run institutions and to address the lack of community-based services for these individuals; and

     WHEREAS, this lawsuit is now more than twenty years old; and

     WHEREAS, the department of health is under a court-ordered joint stipulated agreement on disengagement that sets out the steps that must be taken to bring the case to an end; and

     WHEREAS, this agreement includes three hundred twenty-five requirements, two hundred forty-five of which were accomplished as of the end of 2008, according to the department of health; and

     WHEREAS, the department of health has promulgated rules that are designed, in part, to satisfy the requirements in the joint stipulated agreement and that establish a framework for planning, designing and implementing individual service plans for individuals with developmental disabilities; and

     WHEREAS, as a result of these rules, providers of community-based services to individuals with developmental disabilities find the requirements of the delivery system to be more costly and compliance with the rules to be complex and burdensome; and

     WHEREAS, while the department of health, the protection and advocacy system, advocates, the courts, court-mandated experts, the community practice review process and other activities and persons are all striving to satisfy elements of the joint stipulated agreement, individual plaintiffs have less personal control over the lawsuit and the delivery system intended to serve them; and

     WHEREAS, the developmental disabilities supports division of the department of health has established an office of Jackson disengagement to continually address steps and strategies that remain to be accomplished before the Jackson lawsuit is ultimately ended; and

     WHEREAS, the department of health has hosted a series of strategy sessions statewide seeking input on Jackson disengagement issues, the outcomes of which have identified possible solutions for disengagement from the Jackson lawsuit; and

     WHEREAS, despite these measures, the legislature finds that the lawsuit remains unresolved; and

     WHEREAS, this lawsuit costs the state of New Mexico an estimated four million dollars ($4,000,000) per year in legal fees, compliance monitoring and administrative expense; and

     WHEREAS, these ongoing expenditures inhibit the state's ability to expand services, compensate providers adequately and meet the needs of the developmentally disabled individuals that the joint stipulated agreement is intended to reach;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of health and New Mexico's protection and advocacy system be requested to collaborate to take the necessary steps to bring an end to the Jackson lawsuit; and

     BE IT FURTHER RESOLVED that the department of health intensify efforts to comply with the joint stipulated agreement on disengagement and meet the requirements by the end of fiscal year 2010; and

     BE IT FURTHER RESOLVED that if the department of health is unable to comply with the request made in this memorial due to economic constraints, changed standards of care or other reasons, the department of health be requested to modify the joint stipulated agreement on disengagement and thereby bring the Jackson lawsuit to an end; and

     BE IT FURTHER RESOLVED that a report of the progress of the department of health to bring the Jackson lawsuit to an end be presented to the interim legislative health and human services committee by November 1, 2009; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the secretary of health.

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