SENATE BILL 458

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Nancy Rodriguez

AN ACT

RELATING TO DEVELOPMENTAL DISABILITIES; REQUIRING THE HUMAN SERVICES DEPARTMENT AND THE DEPARTMENT OF HEALTH TO OBTAIN PRIOR LEGISLATIVE APPROVAL OF ANY APPLICATION, RENEWAL OR MODIFICATION TO THE DEVELOPMENTAL DISABILITIES HOME- AND COMMUNITY-BASED SERVICES WAIVER THAT WOULD RESULT IN CHANGES TO HOW ELIGIBILITY OR A RECIPIENT'S LEVEL OF CARE OR SUPPORTS IS DETERMINED; ENACTING A TEMPORARY PROVISION TO REQUIRE THE HUMAN SERVICES DEPARTMENT AND THE DEPARTMENT OF HEALTH TO SEEK TO REESTABLISH PRIOR PROVISIONS OF THE DEVELOPMENTAL DISABILITIES HOME- AND COMMUNITY-BASED SERVICES WAIVER UNDER FEDERAL LAW.

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

     SECTION 1. DEVELOPMENTAL DISABILITIES WAIVER--CERTAIN APPLICATIONS, RENEWALS OR MODIFICATIONS--LEGISLATIVE APPROVAL.--The human services department and the department of health shall obtain prior legislative approval of any application, renewal or modification that would result in changes as to how eligibility or a recipient's level of care or supports is determined that the departments seek to make to a federal waiver of the requirements of the federal Social Security Act relating to the provision of home- and community-based supports and services to individuals with developmental disabilities.

     SECTION 2. TEMPORARY PROVISION--DEVELOPMENTAL DISABILITIES--SUPPORTS AND SERVICES--WAIVER UNDER THE FEDERAL SOCIAL SECURITY ACT.--

          A. By August 1, 2013, the human services department and the department of health shall seek a modification of the current waiver of state medicaid plan requirements, pursuant to Section 1915(c) of the federal Social Security Act and relating to the provision of supports and services to individuals with developmental disabilities, to reestablish the provisions of the state developmental disabilities home- and community-based services waiver that were in existence as of June 1, 2011.

          B. The provisions of Section 1 of this act shall not apply to the waiver modification sought pursuant to this section.

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