SENATE BILL 438

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Gerald Ortiz y Pino

AN ACT

RELATING TO BEHAVIORAL HEALTH; ENACTING THE SAFE HOUSE ACT; ESTABLISHING THE SAFE HOUSE AND CRISIS FUND; MAKING AN APPROPRIATION.

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

     SECTION 1. SHORT TITLE.--This act may be cited as the "Safe House Act".

     SECTION 2. PURPOSES.--The purposes of the Safe House Act are to: 

          A. offer early intervention services to ensure that a person who needs behavioral health support but does not need hospitalization has access to an appropriate level of such support; and

          B. ensure that persons with behavioral health needs are cared for in the least restrictive environment.

      SECTION 3. DEFINITIONS.--As used in the Safe House Act:

          A. "department" means the human services department;

          B. "early intervention services" means services designed to provide a person, who has behavioral health disorders and who is experiencing symptoms, a safe, supportive and affirming home-like residence where the person may integrate the meaning of what the person is experiencing and regain equilibrium and the ability to relate effectively to other people. "Early intervention services" includes peer support with an emphasis on relationship-building;

          C. "peer support specialist" means a person who has previously experienced urgent behavioral health needs and has recovered and who has successfully completed training qualifying that person to work with a resident;

          D. "resident" means an adult who has experienced urgent behavioral health needs but does not require hospitalization and who voluntarily resides in a safe house; and

          E. "safe house" means a home-like environment that offers early intervention services by housing no more than six voluntary residents who engage in routine activities of daily living and learn about tools for recovery through experience and peer support.

     SECTION 4. PEER SUPPORT TRAINING.--The department shall provide by rule for training and credentialing of a peer support specialist; provided that each peer support specialist shall personally have experienced urgent behavioral health needs and shall be certified as having completed training in de-escalation techniques, cultural competency, race relations, the recovery process and avoidance of aggressive confrontation prior to working at a safe house.

     SECTION 5. SAFE HOUSE PROGRAM--ELIGIBILITY.--

          A. The department shall administer two safe houses, one in an urban setting and one in a rural community.

          B. A safe house authorized by this section shall offer early intervention services that:

                 (1) serve residents who are eligible for the services and not eligible for federal medical assistance programs;

                (2) are staffed twenty-four hours a day by one or more peer support specialists;

                (3) employ a licensed clinician full time and a psychiatric consultant at least part time;

                (4) include peer support in helping residents perform daily public living skills and reentry into independent living;

                (5) offer a mix of therapeutic services, including nontraditional tools for wellness and traditional behavioral health services;

                (6) accept a resident, funds permitting, on a first-come, first-served basis;

                (7) use interpersonal relationship and connection to the community as primary modalities of care;

                (8) base length of stay on the psychological state of residents, that psychological state referring to their ability and willingness to live in more independent settings and to resume their desired roles in the community; and 

                (9) are a part of a system of care continuum to include, but not be limited to, housing options such as the behavioral health collaborative's supportive housing initiatives or a local housing first program and each community's array of support services, such as those provided by the department's comprehensive community support services program. 

          C. As early as possible, but within one week of a resident's departure from a safe house, the resident shall be introduced by the department to a service provider who may coordinate care and otherwise provide support for the resident after the safe house stay ends.

          D. As part of the planning and development of the safe houses, the department shall consult with community stakeholders, including those who use the behavioral health system and their family members, providers of behavioral health services, whether traditional or alternative, advocates, local collaboratives, the behavioral health planning council and others with subject matter expertise.

     SECTION 6. SAFE HOUSE AND CRISIS FUND--CREATED--PURPOSE.--The "safe house and crisis fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants and donations. Balances in the fund at the end of a fiscal year shall not revert to the general fund. The New Mexico interagency behavioral health purchasing collaborative shall administer the fund for the purpose of providing early intervention services to persons with urgent behavioral health needs. Disbursements may be made on warrants drawn by the secretary of finance and administration upon vouchers signed by the secretary of health.

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