SENATE BILL 24

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Gerald Ortiz y Pino

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO CHILDREN; ENACTING A NEW SECTION OF THE PUBLIC ASSISTANCE ACT TO DIRECT THE HUMAN SERVICES DEPARTMENT TO ENSURE THAT CERTAIN BEHAVIORAL HEALTH AND DEVELOPMENTAL SCREENINGS AND SERVICES ARE PROVIDED TO RECIPIENT CHILDREN; MAKING AN APPROPRIATION.

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] EARLY AND PERIODIC SCREENING, DIAGNOSTIC AND TREATMENT PROGRAM SCREENING PROCEDURES.--

          A. By December 31, 2016, the secretary shall adopt and promulgate rules to ensure that providers include a comprehensive health, mental health and developmental history, including an assessment of behavioral health and social-emotional development and an assessment for substance use disorder as part of every eligible recipient's screening under the early and periodic screening, diagnostic and treatment program screening procedures. Department rules shall require that a provider:

                (1) undertake the evaluation pursuant to this subsection in accordance with an evidence-based, validated behavioral health and developmental screening tool or tools; and

                (2) use age-appropriate questions for each child and the child's caregiver when using the validated behavioral health and developmental screening tool or tools pursuant to Paragraph (1) of this subsection.

          B. Department rules shall require a provider that serves a recipient under the early and periodic screening, diagnostic and treatment program screening procedure to create a medical schedule for each recipient that records each service provided to the recipient pursuant to Subsection A of this section. The department shall not reimburse a provider for early and periodic screening, diagnostic and treatment program screening procedures rendered to a recipient unless that recipient's medical schedule indicates that the recipient has received all of the early and periodic screening, diagnostic and treatment program screening procedures that are indicated for the recipient's age.

          C. By December 31, 2016, the secretary shall ensure that eligible recipients under five years of age are provided with any and all behavioral health services that are medically necessary. The secretary shall adopt and promulgate rules that direct providers to maximize the use of relationship axis disorder coding and diagnostic impressions of serious imminent risk to support a finding of medical necessity for the provision of behavioral health services to eligible recipients under five years of age.

          D. By December 31, 2016, the secretary shall establish a program to train providers of primary care or behavioral health services to recipients who are under five years of age that includes training on:

                (1) comprehensive screening;

                (2) access to medically necessary mental health services; and

                (3) documenting the need for services based on relationship axis disorder codes and diagnostic impressions of serious imminent risk.

          E. By December 31, 2016, the secretary shall convene an advisory group that includes representatives from the department of health, medicaid managed care organizations and the children, youth and families department to assist the human services department to:

                (1) develop rules governing comprehensive screening pursuant to this section;

                (2) identify mechanisms to improve access to medically necessary prevention and early intervention services; and

                (3) contribute to the content of training offered pursuant to Subsection D of this section.

          F. As used in this section:

                (1) "behavioral health services" means services to promote emotional health or to prevent, treat or support recovery from mental illness, substance use disorder, chemical dependence or gambling addiction;

                (2) "early and periodic screening, diagnostic and treatment program screening procedures" means the medicaid program established under federal law to serve recipients under twenty-one years of age;

                (3) "primary care" means the first level of basic physical or behavioral health care for an individual's health needs, including diagnostic and treatment services; and

                (4) "provider" means a provider of early and periodic screening, diagnostic and treatment program screening procedures to eligible recipients."

      SECTION 2. APPROPRIATION.--Seventy-five thousand dollars ($75,000) is appropriated from the general fund to the human services department for expenditure in fiscal years 2017 and 2018 to obtain the requisite professional expertise and implement the provisions of Section 1 of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2018 shall revert to the general fund.

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