54th legislature - STATE OF NEW MEXICO - first session, 2019

RELATING TO DISABILITY SERVICES; DIRECTING THE DEPARTMENT OF HEALTH TO ENROLL OVER A FIVE-YEAR PERIOD SPECIFIED NUMBERS OF INDIVIDUALS INTO SUPPORT AND SERVICES PROVIDED THROUGH THE MEDICAID DEVELOPMENTAL DISABILITIES WAIVER PROGRAM; MAKING AN APPROPRIATION.

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

SECTION 1. [NEW MATERIAL] ADDITIONAL ENROLLMENT INTO THE DEVELOPMENTAL DISABILITIES WAIVER.--

A. Except as provided in Subsection B of this section, for each fiscal year beginning in fiscal year 2020 and ending in fiscal year 2024, the department of health shall:

(1) issue a number of allocation letters to individuals waiting on the central registry for the allocation of support and services under the medicaid developmental disabilities waiver program sufficient to allocate approximately six hundred new individuals support and services through the program during that fiscal year; and

(2) issue a number of allocation letters to individuals on the central registry sufficient to fill promptly any vacancies that arise in the medicaid developmental disabilities waiver program during the period beginning in fiscal year 2020 and ending in fiscal year 2024 due to attrition with new participants who are allocated program support and services.

B. If the governor declares that a financial emergency exists and notifies the legislative finance committee of this declaration, the governor may waive the requirements of Subsection A of this section and authorize a smaller number of new allocations to the medicaid developmental disabilities waiver program for the fiscal year for which the declaration is made. No such declaration shall be construed to limit the authority of the legislature to appropriate funding or to authorize the expenditure of funds to address the medicaid developmental disabilities waiver program waiting list for the fiscal year affected by the governor's declaration.

C. For purposes of this section, the term "medicaid developmental disabilities waiver program" includes the traditional medicaid developmental disabilities support and services waiver program and the medicaid mi via self-directed waiver program.

SECTION 2. APPROPRIATION.--Twenty-five million dollars ($25,000,000) is appropriated from the general fund to the department of health for expenditure in fiscal years 2020 and 2021 to provide for the allocation or enrollment for support and services through the medicaid developmental disabilities waiver program of additional eligible individuals awaiting allocation on the department of health's central registry, as provided in Section 1 of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2021 shall revert to the general fund. It is the intention of the legislature that this appropriation increase the base budget of the department of health for this program by the amount of this appropriation.