SENATE JOINT MEMORIAL 22

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Howie C. Morales

A JOINT MEMORIAL

REQUESTING THAT THE GOVERNOR DIRECT THE SECRETARY OF HUMAN SERVICES TO AFFORD ALL NEW MEXICO MEDICAID PROVIDERS THE SAME DUE PROCESS PROTECTIONS AND COURTESIES THAT THE DEPARTMENT HAS EXTENDED TO FIVE ARIZONA BEHAVIORAL HEALTH PROVIDERS.

     WHEREAS, following an audit, the human services department abruptly suspended payments on June 24, 2013 to fifteen New Mexico behavioral health agencies that provided approximately ninety percent of the state's behavioral health services; and

     WHEREAS, before payments were suspended, none of the fifteen New Mexico behavioral health agencies were given the opportunity to respond to any specific findings or concerns of the human services department upon which the payment suspensions were based; and

     WHEREAS, fourteen of the fifteen behavioral health agencies still have not been told what findings or concerns of the human services department formed the basis for payment suspensions; and

     WHEREAS, the payment suspensions continue and have been of such duration that most of the suspended New Mexico behavioral health providers have been put out of business, resulting in a loss of jobs for many New Mexico behavioral health clinicians and employees, with many having left or in the process of leaving the state; and

     WHEREAS, patient access to behavioral health services has been, and continues to be, adversely affected by the disruption to New Mexico's behavioral health system caused by the suspension of payments; and

     WHEREAS, the human services department replaced most of the suspended New Mexico behavioral health agencies with five agencies from Arizona, whose start-up costs have been paid for by New Mexico taxpayers; and

     WHEREAS, the human services department's contracts with the Arizona agencies ensure that, before the department takes any action against them based on any audit findings, the Arizona providers will be given the opportunity to respond to any of the department's concerns before payments are suspended; and

     WHEREAS, new human services department regulations specifically deny a medicaid provider due process, both before and after the department comes to a determination of credible allegation of fraud and suspension of payments; and

     WHEREAS, in the new regulations and in its contracts, the human services department continues to deny New Mexico medicaid providers the same protections and courtesies afforded to the five Arizona providers;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that Governor Susana Martinez be requested to direct the secretary of human services to provide the same due process protections and courtesies to New Mexico's medicaid providers that have been afforded to the five Arizona providers; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor and the secretary of human services.

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