SENATE BILL 244

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Gerald Ortiz y Pino

AN ACT

RELATING TO HUMAN SERVICES; ENACTING NEW SECTIONS OF THE PUBLIC ASSISTANCE ACT TO DIRECT THE HUMAN SERVICES DEPARTMENT TO PROVIDE FOR ENHANCED HEALTH PREVENTION AND TREATMENT AND ACCESS TO HEALTH CARE SERVICES; ENACTING A NEW SECTION OF THE NMSA 1978 TO REQUIRE THAT PROVIDERS OF SERVICES FUNDED THROUGH THE INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE SCREEN CHILDREN RECEIVING THESE SERVICES FOR ADVERSE CHILDHOOD EVENTS AND REFER THEM TO SERVICES.

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

     SECTION 1. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] MEDICAL ASSISTANCE--EARLY AND PERIODIC SCREENING, DIAGNOSIS AND TREATMENT--ENHANCED SERVICES.--In accordance with federal law relating to the early and periodic screening, diagnosis and treatment program, the department shall provide for the treatment of a recipient's medical, behavioral and developmental conditions. The secretary shall establish by rule a medical necessity standard that shall provide for:

          A. treatment of an existing condition;

          B. prevention of the development or worsening of a condition;

          C. improvement of overall health;

          D. assured recipient access to those health care resources that provide for the treatment and prevention of adverse health conditions and for overall health improvement; and

          E. assistance to recipients in effectively using health care resources for optimal health outcomes."

     SECTION 2. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] MEDICAL ASSISTANCE--PREVENTIVE AND EARLY INTERVENTION SERVICES--BASIS FOR REIMBURSEMENT.--The secretary shall seek any necessary authority under federal law to adopt and promulgate rules under the state medical assistance program to provide for the reimbursement of preventive and early intervention services delivered to children on the basis of need without specifying as a condition of reimbursement that a child be diagnosed as having a serious emotional disturbance."

     SECTION 3. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] ADVERSE CHILDHOOD EVENTS SCREENING.--

          A. The department shall require that any provider of services pursuant to the early and periodic screening, diagnosis and treatment program, as well as any other provider of services to recipients under the age of eighteen years, screen each recipient under the age of eighteen to ascertain whether the recipient has experienced at least two adverse childhood events that the secretary has identified by rule, including:

                (1) emotional abuse or neglect;

                (2) physical abuse or neglect;

                (3) sexual abuse;

                (4) substance abuse in the household;

                (5) mental illness of a household member;

                (6) violence against the recipient's mother or stepmother;

                (7) incarceration of a household member;

                (8) loss of contact with a parent of the recipient;

                (9) homelessness;

                (10) persistent poverty; and

                (11) the experience of being a child parent, or being raised by a child parent, without adequate social supports. 

          B. Upon a finding that a recipient has experienced at least two adverse childhood events, the department shall refer the recipient for services appropriate to minimize the impact of the adverse childhood events on the recipient's life.

          C. The department shall require that vendors annually compile the following data and report these data to the department:

                (1) the number of recipients screened for adverse childhood events;

                (2) the number of recipients who are found to have experienced at least two adverse childhood events; and

                (3) the services to which recipients found to have experienced at least two adverse childhood events have been referred.

          D. By November 1, 2015 and each November 1 thereafter, the department shall make a report of the data compiled from vendors to the legislative health and human services committee. The report shall also include the department's analysis of any gaps in services or other recommendations for minimizing the impact of adverse childhood events in recipients' lives.

          E. The secretary shall establish by rule guidelines for screening, referral and data collection pursuant to this section in collaboration with the children, youth and families department, the interagency behavioral health purchasing collaborative, the university of New Mexico health sciences center, managed care organizations that administer the provision of health care services in the state pursuant to public programs and stakeholders."

     SECTION 4. [NEW MATERIAL] ADVERSE CHILDHOOD EVENTS SCREENING.--

          A. The interagency behavioral health purchasing collaborative shall require that any provider of services to recipients under the age of eighteen years screen each recipient under the age of eighteen years to ascertain whether the recipient has experienced at least two adverse childhood events that the secretary of human services has identified by rule, including:

                (1) emotional abuse or neglect;

                (2) physical abuse or neglect;

                (3) sexual abuse;

                (4) substance abuse in the household;

                (5) mental illness of a household member;

                (6) violence against the recipient's mother or stepmother;

                (7) incarceration of a household member;

                (8) loss of contact with a parent of the recipient;

                (9) homelessness;

                (10) persistent poverty; and

                (11) the experience of being a child parent, or being raised by a child parent, without adequate social supports. 

          B. Upon a finding that a recipient has experienced at least two adverse childhood events, the interagency behavioral health purchasing collaborative shall require that the provider refer the recipient for services appropriate to minimize the impact of the adverse childhood events on the recipient's life.

          C. By November 1, 2015 and each November 1 thereafter, the interagency behavioral health purchasing collaborative shall make a report of the data compiled from vendors to the legislative health and human services committee. The report shall also include the interagency behavioral health purchasing collaborative's analysis of any gaps in services or other recommendations for minimizing the impact of adverse childhood events in recipients' lives.

          D. The secretary of human services shall establish by rule guidelines for screening, referral and data collection pursuant to this section in collaboration with the children, youth and families department, the university of New Mexico health sciences center, managed care organizations that administer the provision of health care services in the state pursuant to public programs and stakeholders.