HOUSE BILL 249
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Elizabeth "Liz" Thomson
AN ACT
RELATING TO DISABILITIES; AMENDING AND ENACTING SECTIONS OF THE DEVELOPMENTAL DISABILITIES ACT TO REQUIRE THE DEPARTMENT OF HEALTH TO DEVELOP A WRITTEN SERVICE PLAN TO ESTABLISH SERVICE TARGETS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 28-16A-1 NMSA 1978 (being Laws 1993, Chapter 50, Section 1) is amended to read:
"28-16A-1. SHORT TITLE.--[Sections 1 through 18 of this act] Chapter 28, Article 16A NMSA 1978 may be cited as the "Developmental Disabilities Act"."
SECTION 2. Section 28-16A-16 NMSA 1978 (being Laws 1993, Chapter 50, Section 16) is amended to read:
"28-16A-16. DETERMINATION OF RATES FOR PAYMENT FOR SUPPORT AND SERVICES.--
A. The department shall develop, implement and maintain a provider reimbursement system based on the level of support and services required by a person with a developmental disability.
B. If the approved funding from the legislature does not permit the implementation of a reimbursement system using the considerations provided for in this section, the department shall develop and implement a service reduction plan.
C. The department shall report to the legislature and the governor the impact of any service reduction plans and the steps that will be taken to reinstate those services.
D. The department shall report annually to the legislature and the governor an estimate of the costs of maintaining support and services for persons with developmental disabilities being served, including the effects of changes in the costs of providing support and services [an estimate of the costs of providing support and services to persons that are eligible for service but not receiving services] and the request of the department for funding of services.
E. Contractors shall be required to submit records of support and services delivered as determined by the department, subject to monitoring by the department.
F. Contingent upon appropriations, the department shall conduct an independent biannual cost study for the purpose of establishing payment rates. The results of this study shall be submitted to the legislature."
SECTION 3. A new section of the Developmental Disabilities Act is enacted to read:
"[NEW MATERIAL] SERVICE PLAN--CENTRALIZED REGISTRY--CONSULTATION--REPORTING.--
A. By November 1, 2013, the department shall develop a written service plan pursuant to which, over a period of no more than five state fiscal years, the department will serve all persons who are on the department's developmental disabilities supports division's centralized registry who are likely to be determined eligible for and ready to enroll in waiver services.
B. The written service plan developed pursuant to Subsection A of this section shall be updated each state fiscal year to reflect changes in the centralized registry and to apply to the subsequent period of no more than five state fiscal years.
C. The department shall design the service plan so that it provides a comprehensive, effective strategy for providing services to eligible persons with disabilities in the least restrictive settings possible. The service plan shall include the following information:
(1) the number of persons who are currently on the centralized registry and awaiting waiver services, categorized by age, county of residence and years on the centralized registry;
(2) an estimate of the number of persons projected to be placed in services during the subsequent state fiscal year. This estimate shall be derived from an analysis of the percentage of those persons on the centralized registry whom the department deems to be likely to be determined eligible for waiver services and ready to enroll in services if offered, based on the historical experience of the department in previous allocations of services;
(3) an estimate of the average annual cost of providing waiver supports and services to persons who are likely to be determined eligible and ready to enroll in services during the subsequent state fiscal year;
(4) a target for the number of persons to be moved from the centralized registry into services each year over the period not to exceed five state fiscal years covered by the service plan, and the amount of new state funding needed each year to meet the target;
(5) for the subsequent state fiscal year, the amount of additional state funding that the department in its most recent official budget request submission to the legislative finance committee has requested to address the need to provide service allocations to persons on the centralized registry awaiting allocation;
(6) information regarding enrollment in and state funding for the waiver program for the current state fiscal year, and for at least the previous three state fiscal years; and
(7) for the most recent three state fiscal years, information regarding:
(a) the amount of additional funding that was provided for the purpose of allocating waiver services to people who had been awaiting allocation on the centralized registry; and
(b) the number of individuals actually placed in waiver services as a result of that additional funding.
D. In developing the initial service plan and subsequent annual updates of the service plan, the department shall consult with and involve relevant stakeholders. Stakeholders shall include individuals with developmental disabilities, family members and guardians of individuals with developmental disabilities, disability advocacy organizations, providers of services to individuals with developmental disabilities and other interested parties.
E. The service plan and subsequent annual updates shall be presented no later than November 1 of each year to the governor, the legislative health and human services committee and the legislative finance committee.
F. Implementation of the service plan by the department shall be subject to appropriation and the availability of state and other funds for this purpose."
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