44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO DEVELOPMENTAL DISABILITIES; LIMITING DUPLICATION OF SERVICES; AMENDING A SECTION OF THE NMSA 1978; DECLARING AN EMERGENCY.

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

Section 1. Section 28-16A-13 NMSA 1978 (being Laws 1993, Chapter 50, Section 13) is amended to read:

"28-16A-13. [AUTHORIZATION FOR PROVIDING COMMUNITY-BASED] SUPPORT AND SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES--AUTHORIZATION--LIMITATION OF DUPLICATION.--

A. Subject to the availability of appropriations provided expressly for this purpose, the department may:

(1) acquire, provide or coordinate support and services for persons with developmental disabilities;

(2) enter into contracts and provider agreements with agencies and individuals capable of providing support and services to persons with developmental disabilities that promote the objectives of the department's state plan, prepared pursuant to Section [5 of the Developmental Disabilities Act] 28-16A-5 NMSA 1978; and

(3) establish advisory councils and task forces as necessary to guide the development and review of support and services to persons with developmental disabilities.

B. Support and services shall be provided based on individual support and service plans developed by an interdisciplinary team. The team is responsible for collectively evaluating the child's or adult's needs and developing an individual support and service plan to meet the needs.

C. The department shall:

(1) solicit the involvement of consumers, providers, parents, professional organizations and other governmental organizations prior to the adoption or revision of any policies or regulations concerning the provision of support, services, standards or funding systems. Participants shall be selected in a manner that reflects geographical, cultural, organizational and professional representation across the state;

(2) develop policies, procedures, rules and regulations that, to the extent possible, will promote uniformity in reimbursement and quality assurance systems regardless of the source of funding; [and]

(3) convene and maintain a family infant toddler interagency coordinating council and a statewide adult support and services task force that shall, at a minimum, address quality assurance; and

(4) ensure that continuous support and services are provided in rural communities by:

(a) limiting the service providers that receive state funding in any class B county by prohibiting duplication of services unless department statistics clearly demonstrate the need for multiple providers that will provide the same or similar services in the county; and

(b) before a new provider can be approved for funding in any class B county to provide services the same or similar to those available from an existing provider, holding a public hearing in the county to determine the need and the potential client base in the community for an additional provider and to identify the potential harm to the existing provider's client base and to its ability to provide support and services."

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.