HOUSE JOINT MEMORIAL 50

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

INTRODUCED BY

Mimi Stewart

A JOINT MEMORIAL

REQUESTING THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE TO REVIEW CURRENT PRACTICES OF THE MEDICAID SCHOOL-BASED SERVICES PROGRAM, COMPARING SUCH PRACTICES WITH THOSE CURRENTLY IMPLEMENTED IN OTHER STATES, AND TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE REGARDING EFFICIENT PROGRAMMATIC EXPANSION MAXIMIZING FEDERAL REIMBURSEMENTS.

     WHEREAS, medicaid is operated as a joint federal-state funded health program administered by the human services department; and

     WHEREAS, 1988 changes in federal law allowed schools to seek partial reimbursement for individualized education program-covered services under the federal Medicare Catastrophic Coverage Act of 1988; and

     WHEREAS, the federal Individuals with Disabilities Education Act clarified that medicaid funds could be used to pay for health-related services provided under that act; and

     WHEREAS, in 1996, New Mexico amended its medicaid state plan that authorized the creation of a special medicaid program to provide reimbursements for medically related services in a student's individualized education program; and

     WHEREAS, New Mexico public schools, charter schools and regional education cooperatives have become eligible participants in seeking reimbursements for identified covered services; and

     WHEREAS, maximization of school-based medicaid services within the current medicaid school-based services program has experienced process and procedure variation in state practices for billing medicaid for federal Individuals with Disabilities Education Act services or early periodic screening, diagnosis and treatment services; and

     WHEREAS, the New Mexico medicaid school-based services program is not currently providing reimbursements for services in ways such as those in Louisiana schools, which bill medicaid for early periodic screening, diagnosis and treatment services and school-based health center services; or in Montana schools, which bill for individualized education program personal care and comprehensive school and community treatment; or procedural support allowing certification procedures for state match requirements for the fee-for-service program such as in Montana and North Carolina; and

     WHEREAS, New Mexico should be poised to maximize any federal assistance in implementing and supplementing health care measures for its public school students; and

     WHEREAS, New Mexico has reaped many benefits from federal assistance programs as the result of its proactive measures to seek such funding opportunities; and

     WHEREAS, New Mexico would likely benefit greatly in implementing transformation efforts within the medicaid school-based services program by making use of the opportunities afforded through the federal medical assistance program;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the interim legislative health and human services committee be requested to study and compare current New Mexico medicaid school-based services program practices with those of other states and consider strategies that will maximize medicaid reimbursements and eliminate procedural barriers; and

     BE IT FURTHER RESOLVED that the committee solicit assistance from the human services department, the public education department, the legislative finance committee, the legislative education study committee, the New Mexico coalition of school administrators and the medicaid school-based program advisory committee as well as from public schools and regional education cooperatives, licensed health care providers and other interested persons; and

     BE IT FURTHER RESOLVED that the committee present its findings and recommendations to the legislature and the governor by November 1, 2011, including proposed action steps for administrative, legislative, regulatory, operational and financial initiatives necessary to implement efficient process and programmatic expansion maximizing federal reimbursements within the school-based medicaid services program; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the chair of the legislative health and human services committee and the secretaries of human services and public education.

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