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F I S C A L I M P A C T R E P O R T

SPONSOR Komadina

DATE TYPED 1/24/05

HB

SHORT TITLE Native American Behavioral Health Committee

SB 157

ANALYST Hanika-Ortiz

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

Human Services Department (HSD)

Public Education Department (PED)

SUMMARY

Synopsis of Bill

SB 157 proposes to amend Section 24-1-28, NMSA 1978 (2004), passed by the Legislature as

HB 271 in 2004 and signed by the Governor, which created the statewide Behavioral Health

Planning Council (BHPC). SB 157 proposes to legislatively mandate a Native American Sub-

committee in addition to the four other mandated subcommittees: Medicaid, Adult, Children, and

Substance Abuse of the BHPC, which serves as the primary advisory body to the BHPC.

Significant Issues

SB 157 clarifies the Native American representation on the BHPC. The first amendment on page

2 is to correct a clerical error and renumber the membership of the BHPC to include Native

American representation in general and not to restrict it under one category (consumers). As it is

written, their role is restricted to consumers (Native Americans can also be providers).

The second amendment on page 4 is to make the current Native American Subcommittee a statu-

tory standing subcommittee of the BHPC chaired by the Indian Affairs Division (IAD).

Senate Bill 157 -- Page 2

PERFORMANCE IMPLICATIONS

The PED believes SB 157 positively impacts the PED’s ability to work with Native American

youths in addressing behavioral health issues that may serve as barriers to student success.

FISCAL IMPLICATIONS

The DOH report they receive approximately $2.4 million block grant dollars from the Center of

Mental Health Services that requires compliance to Public Law 102-321. They further claim that

SB 157 would bring the BHPC into compliance with Public Law 102.321.

ADMINISTRATIVE IMPLICATIONS

Under the current BHPC Native Americans are represented as a sub-category under consumers

of behavioral health services rather than a separate category. The HSD reports the IAD has

agreed to chair this subcommittee and HSC and DOH to support as necessary.

The Public Education Department report that support for this bill comes from state agencies, the

BHPC, the Native American Subcommittee of the BHPC, tribal members, pueblos and Native

American legislators.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Relates to HB 271(2004).

TECHNICAL ISSUES

SB 157 proposed amendments provide clarification as to the original intent of HB 271(2004).

OTHER SUBSTANTIVE ISSUES

According to state agencies submitting responses, many Native Americans have indicated sup-

port for the subcommittee to become statutory.

ALTERNATIVES

None

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The HSD reports that because the BHPC is not clearly defined, Native Americans may be under-

represented in the state’s behavioral health planning, implementation and oversight initiatives.

ANA/rs