SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE SUBSTITUTE FOR
SENATE BILL 227
53rd legislature - STATE OF NEW MEXICO - second session, 2018
AN ACT
RELATING TO TAXATION; DISTRIBUTING A PORTION OF THE GROSS RECEIPTS TAX TO SUPPORT A NEW SUBSTANCE USE DISORDER RESPONSE FUND AND EACH COUNTY'S HEALTH CARE ASSISTANCE FUND; PROVIDING FOR THE CREATION OF A SUBSTANCE USE DISORDER RESPONSE PLAN FOR MEDICAL ASSISTANCE RECIPIENTS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Tax Administration Act is enacted to read:
"[NEW MATERIAL] DISTRIBUTION--SUBSTANCE USE DISORDER RESPONSE FUND--HEALTH CARE ASSISTANCE FUNDS.--
A. Beginning July 1, 2018 and prior to July 1, 2022, a distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the substance use disorder response fund in an amount equal to fifty percent of the net receipts attributable to the gross receipts tax paid on the sale of services performed by a licensed substance abuse associate that are within the scope of practice of that licensed substance abuse associate.
B. Beginning July 1, 2018 and prior to July 1, 2022, a distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made in an amount equal to fifty percent of the net receipts attributable to the gross receipts tax paid on the sale of services performed by a licensed substance abuse associate that are within the scope of practice of that licensed substance abuse associate, to be distributed in equal parts to each health care assistance fund."
SECTION 2. A new section of the Public Assistance Act is enacted to read:
"[NEW MATERIAL] SUBSTANCE USE DISORDER RESPONSE PLAN--LICENSED SUBSTANCE ABUSE ASSISTANTS--REPORTING.--
A. The secretary, in cooperation with medical assistance contractors, shall devise a substance use disorder response plan that identifies policies for increasing the supply of behavioral health workforce trained in substance use disorder treatment statewide and for funding a robust response statewide to the demand for timely, evidence-based substance use disorder services for medical assistance recipients statewide.
B. As part of the substance use disorder response plan, the secretary shall adopt and promulgate rules to allow a substance abuse associate licensed in accordance with the Counseling and Therapy Practice Act to be reimbursed for the following services provided to medical assistance recipients:
(1) providing interventions directly to individuals, couples, families and groups;
(2) employing practice theory and research findings;
(3) providing screening, assessment, consultation, development of treatment plans, case management, counseling, referral, appraisal, crisis intervention, education, reporting or recordkeeping pertaining specifically to alcohol and drug abuse counseling;
(4) providing generalist services in the role of educator, assistant or mediator;
(5) taking a social history; and
(6) conducting a home study."
SECTION 3. Section 27-5-7 NMSA 1978 (being Laws 1965, Chapter 234, Section 7, as amended) is amended to read:
"27-5-7. HEALTH CARE ASSISTANCE FUND.--
A. There is created in the county treasury of each county a "health care assistance fund".
B. Collections under the levy made pursuant to the Indigent Hospital and County Health Care Act, distributions made to the fund in accordance with the provisions of Subsection B of Section 1 of this 2018 act and all payments shall be placed into the fund, and the amount placed in the fund shall be budgeted and expended only for the purposes specified in the Indigent Hospital and County Health Care Act, by warrant upon vouchers approved by the county. Payments for indigent hospitalizations shall not be made from any other county fund.
C. The fund shall be audited in the manner that other state and county funds are audited, and all records of payments and verified statements of qualification upon which payments were made from the fund shall be open to the public.
D. Any balance remaining in the fund at the end of the fiscal year shall carry over into the ensuing year, and that balance shall be taken into consideration in the determination of the ensuing year's budget and certification of need for purposes of making a tax levy.
E. Money may be transferred to the fund from other sources, but no transfers may be made from the fund for any purpose other than those specified in the Indigent Hospital and County Health Care Act."
SECTION 4. [NEW MATERIAL] SUBSTANCE USE DISORDER RESPONSE FUND--CREATION--DISTRIBUTIONS--APPROPRIATION.--The "substance use disorder response fund" is created in the state treasury. The fund shall consist of distributions in accordance with the provisions of Subsection A of Section 1 of this 2018 act; appropriations; transfers; gifts; grants; donations; and bequests made to the fund. Money in the fund is appropriated to the human services department to fund the substance use disorder response plan established pursuant to Section 2 of this 2018 act. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of human services or the secretary's authorized representative. Money in the fund shall be invested as provided for other state funds, and income earned on the fund shall be credited to the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.
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