SENATE BILL 83

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Gerald Ortiz y Pino

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO PUBLIC ASSISTANCE; AMENDING A SECTION OF THE PUBLIC ASSISTANCE ACT TO REMOVE BEHAVIORAL HEALTH SERVICES FROM THOSE SERVICES THAT THE HUMAN SERVICES DEPARTMENT PROVIDES TO MEDICAID RECIPIENTS THROUGH MANAGED CARE.

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

     SECTION 1. Section 27-2-12.6 NMSA 1978 (being Laws 1994, Chapter 62, Section 22) is amended to read:

     "27-2-12.6. MEDICAID PAYMENTS--MANAGED CARE.--

          A. The department shall provide for a statewide, managed care system to provide cost-efficient, preventive, primary and acute care for medicaid recipients [by July 1, 1995].

          B. The managed care system shall ensure:

                (1) access to medically necessary services, particularly for medicaid recipients with chronic health problems;

                (2) to the extent practicable, maintenance of the rural primary care delivery infrastructure;

                (3) that the department's approach is consistent with national and state health care reform principles; and

                (4) to the maximum extent possible, that medicaid-eligible individuals are not identified as such except as necessary for billing purposes.

          C. The department shall exclude behavioral health services from any services that it provides to medicaid recipients through a managed care system.

          [C.] D. The department may exclude nursing homes, intermediate care facilities for the mentally retarded, medicaid in-home and community-based waiver services and residential and community-based mental health services for children with serious emotional disorders from the provisions of this section.

          E. As used in this section, "behavioral health service" means a professional or ancillary service for the treatment, habilitation, prevention and identification of mental illness, behavioral symptoms associated with developmental disability, a substance abuse disorder or trauma spectrum disorders."