SENATE BILL 220

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO PUBLIC HEALTH; CLARIFYING THE DEFINITION OF "CRISIS TRIAGE CENTER".

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

     SECTION 1. Section 24-1-2 NMSA 1978 (being Laws 1973, Chapter 359, Section 2, as amended) is amended to read:

     "24-1-2. DEFINITIONS.--As used in the Public Health Act:

          A. "condition of public health importance" means an infection, a disease, a syndrome, a symptom, an injury or other threat that is identifiable on an individual or community level and can reasonably be expected to lead to adverse health effects in the community;

          B. "crisis triage center" means a health facility that:

                (1) is licensed by the department of health; and

                [(2) is not physically part of an inpatient hospital or included in a hospital's license; and

                (3)] (2) provides stabilization of behavioral health crises [including] and may include residential and short-term residential stabilization;

          C. "department" means:

                (1) the department of health; or

                (2) the children, youth and families department as to child care centers, residential treatment centers that serve persons up to twenty-one years of age, community mental health centers that serve only persons up to twenty-one years of age, day treatment centers that serve persons up to twenty-one years of age, shelter care homes and those outpatient facilities that are also community-based behavioral health facilities serving only persons up to twenty-one years of age;

          D. "director" means the secretary;

          E. "health care provider" means an individual licensed to provide health care in the ordinary course of business, except as otherwise defined in the Public Health Act;

          F. "health facility" means a public hospital, profit or nonprofit private hospital, general or special hospital, outpatient facility, crisis triage center, freestanding birth center, adult daycare facility, nursing home, intermediate care facility, assisted living facility, boarding home not under the control of an institution of higher learning, child care center, shelter care home, diagnostic and treatment center, rehabilitation center, infirmary, community mental health center that serves both children and adults or adults only, residential treatment center that serves persons up to twenty-one years of age, community mental health center that serves only persons up to twenty-one years of age and day treatment center that serves persons up to twenty-one years of age or a health service organization operating as a freestanding hospice or a home health agency. The designation of these entities as health facilities is only for the purposes of definition in the Public Health Act and does not imply that a freestanding hospice or a home health agency is considered a health facility for the purposes of other provisions of state or federal laws. "Health facility" also includes those facilities that, by federal regulation, must be licensed by the state to obtain or maintain full or partial, permanent or temporary federal funding. It does not include the offices and treatment rooms of licensed private practitioners;

          G. "screening" means a preliminary procedure, including a test or examination, that:

                (1) may require further investigation; and

                (2) can identify individuals with unrecognized health risk factors or asymptomatic disease conditions in populations;

          H. "secretary" means:

                (1) the secretary of health; or

                (2) the secretary of children, youth and families as to child care centers, residential treatment centers that serve persons up to twenty-one years of age, community mental health centers that serve only persons up to twenty-one years of age, day treatment centers that serve persons up to twenty-one years of age, shelter care homes and those outpatient facilities that are also community-based behavioral health facilities serving only persons up to twenty-one years of age; and

          I. "test" means any diagnostic or investigative analysis or medical procedure that determines the presence of, absence of or exposure to a condition of public health importance or its precursor in an individual."

     SECTION 2. Section 27-2-12.20 NMSA 1978 (being Laws 2015, Chapter 61, Section 2) is amended to read:

     "27-2-12.20. CRISIS TRIAGE CENTER--MEDICAL ASSISTANCE REIMBURSEMENT.--

          A. In accordance with federal law, the secretary shall adopt and promulgate rules to establish a reimbursement rate for services provided to recipients of state medical assistance at a crisis triage center.

          B. As used in this section, "crisis triage center" means a health facility that:

                (1) is licensed by the department of health; and

                [(2) is not physically part of an inpatient hospital or included in a hospital's license; and

                (3)] (2) provides stabilization of behavioral health crises [including] and may include residential and short-term residential stabilization."

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