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F I S C A L I M P A C T R E P O R T
SPONSOR Boykin
ORIGINAL DATE
LAST UPDATED
1-23-06
HB 53
SHORT TITLE Southern NM Behavioral Health Services
SB
ANALYST Collard
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
$3,300.0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates SB 15, Relates to SB 14 and SB 137
SOURCES OF INFORMATION
LFC Files
Responses Received From
Department of Health (DOH)
Human Services Department (HSD)
Children, Youth and Families Department (CYFD)
New Mexico Corrections Department (NMCD)
Developmental Disabilities Planning Council (DDPC)
SUMMARY
House Bill 53 appropriates $3.3 million from the general fund to DOH for the purpose of provid-
ing behavioral health services in southern New Mexico as follows: $2.5 million for inpatient as-
sessment and treatment for individuals in protective custody or 30-day involuntary civil com-
mitment, $400 thousand to establish a mobile crisis team to work with law enforcement, and
$400 thousand for residential and non-residential transitional treatment or temporary day beds
for court-ordered jail diversion.
FISCAL IMPLICATIONS
The appropriation of $3.3 million contained in this bill is a recurring expense to the general fund.
Any unexpended or unencumbered balance remaining at the end of FY07 shall revert to the gen-
eral fund.
HSD indicates some of the individuals who would benefit from the services outlined under this
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House Bill 53 – Page
2
bill could potentially be Medicaid eligible and those services would therefore be eligible for a
federal Medicaid match. However, the populations implied by these services are not typically
Medicaid-eligible. Therefore, the fiscal implications for HSD are not likely to be significant.
The fiscal impact on NMCD is minimal. Having more treatment options available to the men-
tally ill may provide a treatment option rather than incarceration for the mentally ill. The facility
would also be utilized to house seriously mentally ill probationers and parolees as necessary.
Having greater resources for dealing with issues of mental illness may reduce the number of pro-
bation and parole revocations.
SIGNIFICANT ISSUES
DOH indicates it currently purchases a majority of its behavioral health services through the Be-
havioral Health Purchasing Collaborative’s contract with ValueOptions-New Mexico (VO-NM).
These services are provided through contract providers in southern New Mexico in through Re-
gion 4 and 5. Approximately $400 thousand is allocated for psychiatric care in the two regions
(4 and 5). Mobile Crisis services will require appropriate professionals, oversight and manage-
ment.
HSD indicates beginning in July 2005, all public behavioral health services in the state are being
coordinated through a contracted statewide entity (VO-NM). Presumably, that statewide entity
would also coordinate this appropriation.
Local Behavioral Health Collaboratives should be part of the decision-making process regarding
the need for specific behavioral health services in their geographic area. It is not known whether
any Local Collaborative in southern New Mexico has been consulted regarding this appropria-
tion.
NMCD indicates having greater resources for dealing with issues of mental illness may reduce
the number of crimes and probation/ parole revocations. An increase in the number of treatment
options might also reduce recidivism.
A small number of prisoners, three in 2005, were involuntarily committed upon release. This
procedure is used when the prisoner being released has a particularly high probability of injuring
themselves or others, as a result of their mental illness. These commitments are for a short pe-
riod of time, thirty days or less, and are used to transition the inmate with serious mental illness
back into society. More facilities would allow more options when releasing this type of inmate.
DDPC states, when persons with developmental disabilities have co-occurring behavioral health
disorders, they are more likely than persons without developmental disabilities to be incarcer-
ated, placed under protective custody or involuntarily committed. DDPC hears reports on a
regular basis about persons with mental retardation or developmental disabilities who have been
housed in county jails or under inpatient psych settings for extended periods of time without ap-
propriate assessment, treatment and diversion to more appropriate, less restrictive settings. This
bill, if passed, will help address this problem in the southern part of the state.
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House Bill 53 – Page
3
ADMINISTRATIVE IMPLICATIONS
DOH indicates this bill may have some administrative impact, as it requires the development of a
treatment facility, the establishment of short-term or crisis residential housing, and the creation
of a mobile crisis team.
DUPLICATION, RELATIONSHIP
House Bill 53 duplicates Senate Bill 15. Additionally, it relates to Senate Bill 14 that would ap-
propriate $3 million to DOH for Assertive Community Treatment teams in southern New Mex-
ico and Senate Bill 137, which would appropriate $2 million to leverage resources and provide
mobile crisis, assertive community treatment and residential treatment services in Dona Ana
County and southern New Mexico.
ALTERNATIVES
DOH suggests continuing with the inpatient and community-based services currently purchased
by VO-NM under the guidance and supervision of the Behavioral Health Purchasing Collabora-
tive. Additionally, allow the Local Collaboratives to begin their Phase 2 work on service needs
and gaps to insure appropriate utilization of funds in the behavioral health service system in Re-
gions 4 and 5 and across the state.
KBC/mt