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AN ACT

RELATING TO BEHAVIORAL HEALTH; PROVIDING FOR RULEMAKING

AUTHORITY OF THE INTERAGENCY BEHAVIORAL HEALTH PURCHASING

COLLABORATIVE; REQUIRING A SEPARATELY IDENTIFIABLE BUDGET

REQUEST FOR BEHAVIORAL HEALTH SERVICES.

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

Section 1. Section 9-7-6.4 NMSA 1978 (being Laws 2004,

Chapter 46, Section 8) is amended to read:

"9-7-6.4. INTERAGENCY BEHAVIORAL HEALTH PURCHASING

COLLABORATIVE.--

A. There is created the "interagency behavioral

health purchasing collaborative", consisting of the

secretaries of aging and long-term services; Indian affairs;

human services; health; corrections; children, youth and

families; finance and administration; workforce solutions;

public education; and transportation; the directors of the

administrative office of the courts; the New Mexico mortgage

finance authority; the governor's commission on disability;

the developmental disabilities planning council; the

instructional support and vocational rehabilitation division

of the public education department; and the New Mexico health

policy commission; and the governor's health policy

coordinator, or their designees. The collaborative shall be

chaired by the secretary of human services with the respective

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secretaries of health and children, youth and families

alternating annually as co-chairs.

B. The collaborative shall meet regularly and at

the call of either co-chair and shall:

(1) identify behavioral health needs

statewide, with an emphasis on that hiatus between needs and

services set forth in the department of health's gap analysis

and in ongoing needs assessments, and develop a master plan

for statewide delivery of services;

(2) give special attention to regional

differences, including cultural, rural, frontier, urban and

border issues;

(3) inventory all expenditures for

behavioral health, including mental health and substance

abuse;

(4) plan, design and direct a statewide

behavioral health system, ensuring both availability of

services and efficient use of all behavioral health funding,

taking into consideration funding appropriated to specific

affected departments; and

(5) contract for operation of one or more

behavioral health entities to ensure availability of services

throughout the state.

C. The plan for delivery of behavioral health

services shall include specific service plans to address the

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needs of infants, children, adolescents, adults and seniors,

as well as to address workforce development and retention and

quality improvement issues. The plan shall be revised every

two years and shall be adopted by the department of health as

part of the statewide health plan.

D. The plan shall take the following principles

into consideration, to the extent practicable and within

available resources:

(1) services should be individually centered

and family focused based on principles of individual capacity

for recovery and resiliency;

(2) services should be delivered in a

culturally responsive manner in a home or community-based

setting, where possible;

(3) services should be delivered in the

least restrictive and most appropriate manner;

(4) individualized service planning and case

management should take into consideration individual and

family circumstances, abilities and strengths and be

accomplished in consultation with appropriate family,

caregivers and other persons critical to the individual's life

and well-being;

(5) services should be coordinated,

accessible, accountable and of high quality;

(6) services should be directed by the

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individual or family served to the extent possible;

(7) services may be consumer or family

provided, as defined by the collaborative;

(8) services should include behavioral

health promotion, prevention, early intervention, treatment

and community support; and

(9) services should consider regional

differences, including cultural, rural, frontier, urban and

border issues.

E. The collaborative shall seek and consider

suggestions of Native American representatives from Indian

nations, tribes, pueblos and the urban Indian population,

located wholly or partially within New Mexico, in the

development of the plan for delivery of behavioral health

services.

F. Pursuant to the State Rules Act, the

collaborative shall adopt rules through the human services

department for:

(1) standards of delivery for behavioral

health services provided through contracted behavioral health

entities, including:

(a) quality management and improvement;

(b) performance measures;

(c) accessibility and availability of

services;

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(d) utilization management;

(e) credentialing of providers;

(f) rights and responsibilities of

consumers and providers;

(g) clinical evaluation and treatment

and supporting documentation; and

(h) confidentiality of consumer

records; and

(2) approval of contracts and contract

amendments by the collaborative, including public notice of

the proposed final contract.

G. The collaborative shall, through the human

services department, submit a separately identifiable

consolidated behavioral health budget request. The

consolidated behavioral health budget request shall account

for requested funding for the behavioral health services

program at the human services department and any other

requested funding for behavioral health services from agencies

identified in Subsection A of this section that will be used

pursuant to Paragraph (5) of Subsection B of this section.

Any contract proposed, negotiated or entered into by the

collaborative is subject to the provisions of the Procurement

Code.

H. The collaborative shall, with the consent of

the governor, appoint a "director of the collaborative". The

director is responsible for the coordination of day-to-day

activities of the collaborative, including the coordination of

staff from the collaborative member agencies.

I. The collaborative shall provide a quarterly

report to the legislative finance committee on performance

outcome measures. The collaborative shall submit an annual

report to the legislative finance committee and the interim

legislative health and human services committee that provides

information on:

(1) the collaborative's progress toward

achieving its strategic plans and goals;

(2) the collaborative's performance

information, including contractors and providers; and

(3) the number of people receiving services,

the most frequently treated diagnoses, expenditures by type of

service and other aggregate claims data relating to services

rendered and program operations."

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