0001|                           SENATE BILL 254
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                         TIMOTHY Z. JENNINGS
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO HEALTH; PROVIDING FOR DEVELOPMENT AND
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0012|     IMPLEMENTATION OF A PLAN FOR THE GROWTH OF INTERMEDIATE CARE
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0013|     FACILITIES FOR THE MENTALLY RETARDED; DECLARING AN EMERGENCY.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  INTERMEDIATE CARE FACILITIES FOR THE MENTALLY
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0017|     RETARDED--LICENSURE MORATORIUM.--
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0018|               A.  The department of health shall not issue a
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0019|     license to any new intermediate care facility for the mentally
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0020|     retarded, and the department shall not issue a license for an
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0021|     increase beyond the intermediate care bed capacity for the
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0022|     mentally retarded that existed on January 1, 1998.  No
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0023|     intermediate care facility shall apply for a license except as
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0024|     provided in Subsection B of this section.
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0025|               B.  Except as provided in Subsection C of this
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0001|     section for transfers, the department may accept applications
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0002|     for and issue licenses to currently licensed intermediate care
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0003|     facilities for the mentally retarded on and after the earliest
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0004|     of the following dates:
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0005|                    (1)  July 1, 1999, provided that the secretary
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0006|     of human services certifies to the secretary of health that
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0007|     the human services department and the department of health
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0008|     have approved and presented to the first session of the forty-
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0009|     fourth legislature a plan to control the growth of
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0010|     intermediate care facilities for the mentally retarded and to
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0011|     establish the future role of intermediate care facilities for
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0012|     the mentally retarded in the developmental disabilities
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0013|     service system; or
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0014|                    (2)  the date the secretary of health
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0015|     certifies to the department of finance and administration that
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0016|     an emergency exists that threatens the health and safety of
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0017|     persons with developmental disabilities, but licenses issued
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0018|     pursuant to this paragraph shall exceed the total statewide
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0019|     bed capacity in intermediate care facilities for the mentally
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0020|     retarded that existed on January 1, 1998.
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0021|               C.  Upon application, the department shall license
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0022|     no more than eighty beds beyond the total of licensed and
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0023|     operating intermediate care facilities for the mentally
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0024|     retarded as of January 1, 1998 to currently licensed
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0025|     intermediate care facilities for the mentally retarded for the
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0001|     purposes of this subsection, provided that:
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0002|                    (1)  the facilities are licensed to provide
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0003|     sufficient beds and care for no more than four mentally
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0004|     retarded persons per residence;
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0005|                    (2)  the facilities include fiscal,
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0006|     geographic, service and access criteria pursuant to rules
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0007|     adopted by the department of health  necessary to provide for
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0008|     the needs of persons in need of those facilities;
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0009|                    (3)  the facilities are in accordance with the
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0010|     freedom of choice provisions of Title 19 of the Social
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0011|     Security Act;
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0012|                    (4)  the facilities are located no closer that
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0013|     one hundred fifty feet from an existing intermediate care
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0014|     facility for the mentally retarded, home for persons with
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0015|     development disabilities or a nursing home; and
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0016|                    (5)  eight of the eighty beds shall be exempt
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0017|     from the provisions of Paragraphs (1) through (4) of this
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0018|     subsection and are transferred to the Las Vegas medical center
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0019|     by the department of health for the purposes of programs for
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0020|     persons with development disabilities.
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0021|               D.  As used in this section, "intermediate care
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0022|     facility for the mentally retarded" means any intermediate
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0023|     care facility eligible for certification as an intermediate
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0024|     care facility for the mentally retarded.
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0025|          Section 2.  DELAYED REPEAL.--Section 1 of this act is
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0001|     repealed on July 1, 1999.
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0002|          Section 3.  EMERGENCY.--It is necessary for the public
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0003|     peace, health and safety that this act take effect
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0004|     immediately.
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0005|                              
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