HOUSE BILL 376

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

James Roger Madalena

AN ACT

RELATING TO PUBLIC ASSISTANCE; ENACTING A NEW SECTION OF THE PUBLIC ASSISTANCE ACT TO REMOVE NATIVE AMERICANS FROM MANDATORY ENROLLMENT IN MEDICAID MANAGED CARE.

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

     SECTION 1. Section 27-2-1 NMSA 1978 (being Laws 1973, Chapter 376, Section 1) is amended to read:

     "27-2-1. SHORT TITLE.--Sections [1 through 20 of this act and Sections 13-1-9, 13-1-10, 13-1-12, 13-1-13, 13-1-17,

13-1-18, 13-1-18.1, 13-1-19, 13-1-20, 13-1-20.1, 13-1-21,

13-1-22, 13-1-27, 13-1-27.2, 13-1-27.3, 13-1-27.4, 13-1-28,

13-1-28.6, 13-1-29, 13-1-30, 13-1-34, 13-1-35, 13-1-37, 13-1-39, 13-1-40, 13-1-41 and 13-1-42 NMSA 1953] 27-2-1 through 27-2-34 NMSA 1978 and Section 2 of this 2013 act may be cited as the "Public Assistance Act"."

     SECTION 2. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] MEDICAID MANAGED CARE--NATIVE AMERICAN RECIPIENTS--OPTIONAL ENROLLMENT.--

          A. The department shall afford any recipient who self-identifies as a Native American the option of enrolling in a medicaid managed-care program or a medicaid fee-for-service program for medical or behavioral health services. Upon determination of medicaid eligibility, a Native American may choose to enroll in a medicaid managed-care program or a medicaid fee-for-service program.

          B. By not enrolling in a medicaid managed-care program, a Native American recipient chooses not to participate in medicaid managed care and shall be covered through a medicaid fee-for-service program.

          C. The department shall provide a Native American recipient a monthly opportunity to enroll or disenroll in a medicaid managed-care program or a medicaid fee-for-service program."

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