0001|            SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
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0002|                           SENATE BILL 417
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0003|     43rd legislature - STATE OF NEW MEXICO - second session, 1998
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0004|                                   
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0005|     
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0006|     
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0008|     
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0009|                                   
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0010|     
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0011|                                AN ACT
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0012|     RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
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0013|     ENACTING THE LONG-TERM CARE SERVICES ACT; DEVELOPING AN
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0014|     INTEGRATED LONG-TERM CARE SERVICE DELIVERY SYSTEM; MAKING AN
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0015|     APPROPRIATION.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  SHORT TITLE.--This act may be cited as the
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0019|     "Long-term Care Services Act".
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0020|          Section 2.  DEFINITIONS.--As used in the Long-term Care
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0021|     Services Act:
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0022|               A.  "consumer" means a long-term care service
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0023|     recipient who has a physical or mental illness, injury or
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0024|     disability or who suffers from any cognitive impairment that
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0025|     restricts or limits the person's activities of daily living or
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<center>- 1 -</center>0001|     instrumental activities of daily living and who is under the
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0002|     care of a provider;
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0003|               B.  "long-term care" means home- or community-based
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0004|     care provided to a consumer that is designed to maintain the
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0005|     consumer's independence and autonomy in the consumer's
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0006|     residence and includes support services such as personal,
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0007|     respite, attendant, residential or institutional care; case
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0008|     management; services such as meals, homemaker, home repair,
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0009|     transportation, companion, adult day health care, emergency
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0010|     response or day habilitation; physical, occupational or speech
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0011|     therapy; nursing; or help with chores;
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0012|               C.  "residence" means a consumer's home, an
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0013|     independent living center, an adult day health care facility,
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0014|     a community center, an assisted living facility, an adult
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0015|     residential care facility, a nursing home or a senior citizen
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0016|     center; and 
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0017|               D.  "service delivery system" means a unified
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0018|     statewide, comprehensive home- and community-based service
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0019|     delivery system that integrates and coordinates all health,
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0020|     medical and social services that meet the individual needs of
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0021|     consumers and support them in remaining in their own homes and
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0022|     communities.
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0023|          Section 3.  INTERAGENCY COMMITTEE CREATED--COORDINATED
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0024|     SERVICE DELIVERY SYSTEM--LEAD AGENCY--SERVICE DELIVERY
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0025|     SYSTEM.--
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<center>- 2 -</center>0001|               A.  The "interagency committee on long-term care"
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0002|     is created.
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0003|               B.  Members of the interagency committee on long-term
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0004|     care shall be the heads of the following agencies or their
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0005|     designated representatives: 
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0006|                    (1)  the state agency on aging;
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0007|                    (2)  the human services department;
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0008|                    (3)  the department of health;
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0009|                    (4)  the children, youth and families
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0010|     department;
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0011|                    (5)  the labor department;
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0012|                    (6)  the governor's committee on concerns of the
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0013|     handicapped;
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0014|                    (7)  the developmental disabilities planning
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0015|     council; and             
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0016|                    (8)  the department of insurance.
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0017|               C.  The interagency committee on long-term care shall
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0018|     design and implement a coordinated service delivery system that
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0019|     fulfills the legislative mandate to develop a coordinated long-
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0020|     term care system.  
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0021|               D.  The governor shall appoint a chairperson from the
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0022|     membership of the interagency committee on long-term care.
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0023|          Section 4.  SERVICE DELIVERY SYSTEM--COMPONENTS--
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0024|     PRINCIPLES.--The interagency committee on long-term care shall
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0025|     take into consideration, within available resources, the
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<center>- 3 -</center>0001|     following principles in the design, development and
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0002|     implementation of the integrated long-term care delivery system
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0003|     to:
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0004|               A.  ensure the dignity and respect of consumers in the
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0005|     treatment and support provided;
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0006|               B.  tailor home- and community-based long-term care
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0007|     services and programs to provide full access and coordination to
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0008|     meet the individual needs of consumers;
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0009|               C.  develop and provide home- and community-based
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0010|     long-term care services and programs of the highest quality;
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0011|               D.  provide for consumer self-determination by
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0012|     providing options for individual choice and consumer input in
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0013|     home- and community-based long-term care;
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0014|               E.  implement a state policy that defines the state's
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0015|     obligation regarding long-term care by integrating applicable
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0016|     state and federal mandates related to long-term care services;
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0017|               F.  diversify institutional care options that explore
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0018|     and enhance appropriate alternatives to institutional care; and
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0019|               G.  integrate various funding sources to provide
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0020|     quality, affordable services to the consumer.
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0021|          Section 5.  REPORT.--The chairperson shall present a report
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0022|     to the legislature on the progress of the interagency committee
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0023|     on long-term care and the status of the coordinated service
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0024|     delivery system.  The report shall include conclusions and
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0025|     recommendations to further the work of the interagency committee
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<center>- 4 -</center>0001|     on long-term care and to complete the process of integrating the
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0002|     service delivery system in the state.
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0003|          Section 6.  APPROPRIATION.--Twenty-five thousand dollars
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0004|     ($25,000) is appropriated from the general fund to the state
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0005|     agency on aging for expenditure in fiscal year 1999 for the
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0006|     purpose of coordinating the work of the interagency committee on
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0007|     long-term care and preparing a report to be presented to the
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0008|     legislature and the governor.  Any unexpended or unencumbered
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0009|     balance remaining at the end of fiscal year 1999 shall revert to
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0010|     the general fund.
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0011|                                   
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