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

RECOGNIZING THE HARMFUL IMPACT OF THE FEDERAL BALANCED BUDGET ACT OF 1997 ON THE PROVISION OF HOME HEALTH SERVICES TO THE SICK AND ELDERLY; REQUESTING AN ASSESSMENT.

WHEREAS, the federal Balanced Budget Act of 1997 significantly reduced the federal payment structure for services for the sick, disabled and elderly provided by home health care agencies, with these changes going into effect in the fall of 1997; and

WHEREAS, as a direct result of these changes, fifty New Mexico home health care agencies have gone out of business; and

WHEREAS, the impact of these changes has been so sudden and so disastrous that it is not yet clear how many New Mexicans are doing without health care for which they were previously eligible, including many critically needed services most effectively available through home health care agencies; and

WHEREAS, home health care includes registered nursing, licensed practical nursing, occupational therapy, physical therapy, speech and language pathology and home health aide services; and

WHEREAS, the federal changes are clearly of such magnitude that both New Mexico's congressional delegation and the federal health and human services department are conducting investigations to determine the impact of these cutbacks; and

WHEREAS, the medicare program, under which many of these services had been provided, will no longer be responsible for major portions of long-term care services; and

WHEREAS, cutbacks in home health care means a very costly increase in hospital re-admissions, nursing home admissions and emergency room visits; and

WHEREAS, the state agency on aging's network of community programs is under substantially increased demand for home health care assistance for persons previously receiving services through home health care agencies;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the state agency on aging immediately proceed with a statewide study of the impact of the home health care agency service cutbacks engendered by the federal Balanced Budget Act of 1997; and

BE IT FURTHER RESOLVED that the state agency on aging study develop possible short- and long-term resolutions to the responsibility for providing needed in-home services rather than institutionalizing hundreds if not thousands of sick, disabled and elderly New Mexicans; and

BE IT FURTHER RESOLVED that the state agency on aging seek participation of all appropriate governmental and private agencies and organizations in addressing the concerns of beneficiaries and home health care agencies; and

BE IT FURTHER RESOLVED that all state agencies assist the state agency on aging by providing all necessary information and statistics to accomplish the study; and

BE IT FURTHER RESOLVED that the state agency on aging report its findings and recommendations to the legislative health and human services committee by October 1, 1999 and transmit copies of the final report to the federal health and human services department, to the federal general accounting office and to members of the New Mexico congressional delegation; and

BE IT FURTHER RESOLVED that copies of this memorial be sent to the director of the state agency on aging and the legislative health and human services committee.