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

RELATING TO PUBLIC HEALTH; ENACTING A NEW SECTION OF THE PUBLIC HEALTH ACT; PROVIDING FOR LIMITATIONS ON INTERMEDIATE CARE FACILITIES FOR MENTALLY RETARDED PERSONS OR PERSONS WITH DEVELOPMENTAL DISABILITIES.

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

Section 1. A new section of the Public Health Act is enacted to read:

"[NEW MATERIAL] STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.--

A. After July 1, 1999, the department shall not certify or license an intermediate care facility or additional beds in a facility for mentally retarded persons or for persons with developmental disabilities unless the facility:

(1) is licensed to provide care for no more than four persons per residence;

(2) is at least one hundred fifty feet from an existing intermediate care facility, group residence for persons with disabilities, another group residence affiliated with an entity providing services under contract to a state agency or a nursing home;

(3) complies with all provisions of the Public Health Act and the freedom of choice provisions of Title 19 of the federal Social Security Act; and

(4) complies with rules of the department governing other providers of service to persons with developmental disabilities, including grievance and dispute resolution procedures, protection and exercise of the rights of clients and quality standards.

B. An intermediate care facility or skilled nursing facility shall not admit a medicaid beneficiary who has not been offered an informed choice to receive alternative services through a home- or community-based medicaid waiver program.

C. The department shall provide a nursing home patient who becomes enrolled in medicaid the opportunity to make an informed choice of alternative services within ten days of their enrollment.

D. The department, in consultation with the human services department, shall adopt rules for:

(1) informed choice for home- and community- based medicaid waiver services, including bilingual information about the services of alternative facilities and home- and community-based services; and

(2) eligibility of home- and community-based medicaid waiver services to ensure that needs of the patient are fully met.

E. The department shall place medicaid beneficiaries who are mentally retarded or have developmental disabilities in an intermediate care facility or provide for alternative home- or community-based services within ninety days of enrolling in medicaid."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.