REQUESTING THE DEPARTMENT OF HEALTH AND THE LEGISLATIVE FINANCE COMMITTEE TO COOPERATE IN AN EXAMINATION OF THE OPERATION OF THE BRAIN INJURY SERVICES FUND AND RELATED MATTERS.

WHEREAS, the legislature recognizes that many brain injured New Mexicans are in serious need of services that they cannot afford and which the state is responsible to provide within the limits of available appropriations; and

WHEREAS, Laws 1997, Chapter 247 provided for the first time a consistent source of revenue established specifically to provide services for brain injured persons, in addition to on-going general fund revenues that had previously been appropriated for such services; and

WHEREAS, the legislature wants to maximize the services provided with money appropriated for services for brain injured persons and ensure that funds are expended for the specific purposes for which appropriated; and

WHEREAS, there are indications that not all revenue collected for brain injured services is being expended for those purposes;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the department of health and its long-term services division cooperate with the legislative finance committee in examining the expenditures and program operated under the brain injury services fund to verify that all funds collected under Laws 1997, Chapter 247 are being made available for services for brain injured persons; and

BE IT FURTHER RESOLVED that the cooperative effort determine whether general fund appropriations that had been a line item in the general appropriation act prior to the passage of the 1997 law are still being included in the department of health's annual budget request and continue to be used for these same services; and

BE IT FURTHER RESOLVED that this examination of the program and the expenditure of funds include verification that all services provided are procured in accordance with law and the rules of operation of the brain injury services fund; and

BE IT FURTHER RESOLVED that the long-term services division consult with the brain injury advisory council in determining allocation of funds, as appropriate, for services for brain injured persons as provided by Section 24-1-24 NMSA 1978; and

BE IT FURTHER RESOLVED that the long-term services division, in cooperation with the human services department and the brain injury advisory council, hold statewide public meetings to develop a state plan on addressing the needs of New Mexico's brain injured population; and

BE IT FURTHER RESOLVED that the legislative finance committee and the department of health report their findings on the brain injury services fund to the interim legislative health and human services committee by October 1, 1999; and

BE IT FURTHER RESOLVED that the department of health report explain the brain injured service delivery plan that results from the statewide public hearings to the interim legislative health and human services committee by October 1, 1999; and

BE IT FURTHER RESOLVED that copies of this memorial be sent to the secretary of health, the director of the long-term services division, the secretary of human services, the director of the legislative finance committee, the interim legislative health and human services committee and the brain injury advisory council.