HB0570

HOUSE BILL 570

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Bob Wooley

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; MERGING THE AGING AND LONG-TERM SERVICES AND CHILDREN, YOUTH AND FAMILIES DEPARTMENTS; PROVIDING POWERS AND DUTIES; TRANSFERRING MEDICAID PROGRAMS FROM THE AGING AND LONG-TERM SERVICES DEPARTMENT TO THE HUMAN SERVICES DEPARTMENT; PROVIDING FOR TRANSFERS OF FUNCTIONS, PERSONNEL, MONEY, RECORDS, OTHER PROPERTY, CONTRACTUAL OBLIGATIONS AND REFERENCES IN LAW; PROVIDING FOR A TRANSITION TEAM.

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

SECTION 1. Section 9-2A-2 NMSA 1978 (being Laws 1992, Chapter 57, Section 2, as amended) is amended to read:

"9-2A-2. PURPOSE.--The purpose of the Children, Youth and Families Department Act is to establish a department of state government that shall:

A. administer all laws and exercise all functions formerly administered and exercised by the youth authority and the aging and long-term services department, as well as administering certain functions related to children, youth, [and] families and seniors that were formerly administered by other departments or agencies of the state;

B. assist in the development of state policies and plans for services to children, youth, [and] families and seniors, including policies and plans that endeavor to strengthen client self-sufficiency and that emphasize prevention without jeopardizing the necessary provision of essential treatment and early intervention services;

C. advocate for services for children, youth, [and] families and seniors as an enduring priority in New Mexico; and

D. provide leadership to other agencies that serve children, youth, [and] families and seniors to ensure a coordinated and integrated system of care and services for children, youth, [and] families and seniors."

SECTION 2. Section 9-2A-4 NMSA 1978 (being Laws 1992, Chapter 57, Section 4, as amended) is amended to read:

"9-2A-4. DEPARTMENT CREATED--DIVISIONS.--

A. The "children, youth and families department" is created. The department is a cabinet department and consists of, but is not limited to, [six] nine divisions as follows:

[(1) the protective services division;

(2) the juvenile justice division;

(3) the prevention and intervention division;

(4) the financial services division;

(5) the employee support division; and

(6) the information technology division.]

(1) the administrative services division;

(2) the adult protective services division;

(3) the aging network services division;

(4) the child protective services division;

(5) the consumer and elder rights division;

(6) the early childhood services division;

(7) the juvenile justice division;

(8) the long-term care division; and

(9) the youth and family services division.

B. The secretary is empowered to organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

C. The governor is empowered to merge divisions and to abolish or create divisions of the department by executive order in the interest of efficiency and economy."

SECTION 3. Section 9-2A-8 NMSA 1978 (being Laws 1992, Chapter 57, Section 8, as amended) is amended to read:

"9-2A-8. DEPARTMENT--ADDITIONAL DUTIES.--In addition to other duties provided by law or assigned to the department by the governor, the department shall:

A. develop priorities for department services and resources for children, youth, adults and seniors based on state policy and national best-practice standards and local considerations and priorities;

B. strengthen collaboration and coordination in state and local services for children, youth and families, including seniors, by integrating critical functions as appropriate, including service delivery, and contracting for services across divisions and related agencies;

C. develop and maintain a statewide database, including client tracking of services for children, youth and families, including seniors;

D. develop standards of service within the department that focus on prevention, monitoring and outcomes;

E. analyze policies of other departments that affect children, youth and families, including seniors, to encourage common contracting procedures, common service definitions and a uniform system of access;

F. enact [regulations] rules to control disposition and placement of children under the Children's Code, including [regulations] rules to limit or prohibit the out-of-state placement of children, including those who have developmental disabilities or emotional, neurobiological or behavioral disorders, when in-state alternatives are available;

G. develop reimbursement criteria for licensed child care centers and licensed home providers establishing that accreditation by a department-approved national accrediting body is sufficient qualification for the child care center or home provider to receive the highest reimbursement rate paid by the department;

H. assume and implement responsibility for children's mental health and substance abuse services in the state, coordinating with the human services department and the department of health;

I. assume and implement the lead responsibility among all departments for domestic violence services;

J. implement prevention and early intervention for children and adults, including seniors, as a departmental focus;

K. conduct biennial assessments of service gaps and needs and establish outcome measurements to address those service gaps and needs, including recommendations from the governor's children's cabinet, [and] the children, youth and families advisory committee and the advisory committee on aging;

L. ensure that behavioral health services provided, including mental health and substance abuse services for children and adolescents and their families, shall be in compliance with requirements of Section 9-7-6.4 NMSA 1978; and

M. fingerprint and conduct nationwide criminal history record searches on all department employees whose jobs involve direct contact with department clients, including prospective employees and employees who are promoted, transferred or hired into new positions."

SECTION 4. A new section of the Children, Youth and Families Department Act is enacted to read:

"[NEW MATERIAL] DIVISIONS--GENERAL DUTIES.--In addition to the duties assigned to each division of the department by the secretary:

A. the administrative services division shall provide clerical, recordkeeping and administrative support to the department in the areas of personnel, budget, procurement and contracting;

B. the adult protective services division shall provide adult protective services;

C. the aging network services division shall administer the federal Older Americans Act of 1965 programs;

D. the child protective services division shall administer foster care, abuse and neglect care and other child protective programs;

E. the consumer and elder rights division shall administer the long-term care ombudsman program and provide health insurance and benefits counseling and legal services;

F. the early childhood services division shall administer child development, family nutrition and other early childhood programs;

G. the juvenile justice division shall administer community corrections, probation and parole and reintegration and secure facilities and other programs;

H. the long-term care division shall administer home- and community-based long-term care programs; and

I. the youth and family services division shall administer behavioral health, domestic violence, licensing and certification and other programs."

SECTION 5. A new section of the Children, Youth and Families Department Act is enacted to read:

"[NEW MATERIAL] OFFICE OF INDIAN ELDER AFFAIRS CREATED.--The "office of Indian elder affairs" is created within the office of the secretary. The office of Indian elder affairs shall assume the responsibilities of the Indian area agency on aging, including contract management, program compliance monitoring, technical assistance, advocacy and training to pueblo and Apache tribe federal Older Americans Act of 1965 programs and to establish relationships that support the efforts of the Navajo area agency on aging, and shall participate with the other divisions of the department to review and make recommendations regarding other health and social programs of the department that serve Indian elders. Abolishment or transfer of the office of Indian elder affairs out of the department shall require approval of the legislature."

SECTION 6. Section 24-17-7 NMSA 1978 (being Laws 1985, Chapter 102, Section 7) is amended to read:

"24-17-7. DISCLOSURE STATEMENTS FILED WITH THE [STATE AGENCY ON AGING] CHILDREN, YOUTH AND FAMILIES DEPARTMENT FOR PUBLIC INSPECTION.--A provider shall file a copy of the disclosure statement and any amendments to that statement with the [state agency on aging] children, youth and families department for public inspection during regular working hours."

SECTION 7. Section 24-17-16 NMSA 1978 (being Laws 1991, Chapter 263, Section 5) is amended to read:

"24-17-16. IDENTIFICATION AND PROCEDURES FOR CORRECTION OF VIOLATIONS.--

A. If the [state agency on aging] children, youth and families department determines that a person or an organization has engaged in or is about to engage in an act or practice constituting a violation of the Continuing Care Act or any rule adopted pursuant to that act, the [state agency on aging] department shall issue a notice of violation in writing to that person or organization and send copies to the resident association of any facility affected by the notice.

B. The notice of violation shall state the following:

(1) a description of a violation at issue;

(2) the action that, in the judgment of the [state agency on aging] department, the provider should take to conform to the law or the assurances that the [state agency on aging] department requires to establish that no violation is about to occur;

(3) the compliance date by which the provider shall correct any violation or submit assurances;

(4) the requirements for filing a report of compliance; and

(5) the applicable sanctions for failure to correct the violation or failure to file the report of compliance according to the terms of the notice of violation.

C. At any time after receipt of a notice of violation, the person or organization to which the notice is addressed or the [state agency on aging] department may request a conference. The [state agency on aging] department shall schedule a conference within seven days of a request.

D. The purpose of the conference is to discuss the contents of the notice of violation and to assist the addressee to comply with the requirements of the Continuing Care Act. Subject to rules that the [state agency on aging] department may promulgate, a representative of the resident association at any facility affected by the notice shall have a right to attend the conference.

E. A person receiving a notice of violation shall submit a signed report of compliance as provided by the notice. The [state agency on aging] department shall send a copy to the resident association of any facility affected by the notice.

F. Upon receipt of the report of compliance, the [state agency on aging] department shall take steps to determine that compliance has been achieved."

SECTION 8. Section 24-17-18 NMSA 1978 (being Laws 1991, Chapter 263, Section 7) is amended to read:

"24-17-18. REPORT TO ATTORNEY GENERAL--CIVIL ACTION--CIVIL PENALTIES.--Any time after the [state agency on aging] children, youth and families department issues a notice of violation, the [state agency on aging] department may send the attorney general a written report alleging a possible violation of the Continuing Care Act or any rule adopted pursuant to that act. Upon receipt of that report, the attorney general shall promptly conduct an investigation to determine whether grounds exist for formally finding a violation. If the attorney general makes that finding, [he] the attorney general shall file an appropriate action against the alleged violator in a court of competent jurisdiction. Upon finding violations of any provisions of the Continuing Care Act or any rule adopted pursuant to that act, the court may impose a civil penalty in the amount of five dollars ($5.00) per resident or up to five hundred dollars ($500), in the discretion of the court, for each day that the violation remains uncorrected after the compliance date stipulated in a notice of violation issued pursuant to the Continuing Care Act."

SECTION 9. Section 24-26-2 NMSA 1978 (being Laws 2004, Chapter 53, Section 2) is amended to read:

"24-26-2. DEFINITIONS.--As used in the Patient Care Monitoring Act:

A. ["agency"] "department" means the [state agency on aging] children, youth and families department;

B. "facility" means a long-term care facility licensed pursuant to the provisions of Section 24-1-5 NMSA 1978, other than an intermediate care facility for the mentally retarded, and may also include:

(1) a skilled nursing facility;

(2) an intermediate care nursing facility;

(3) a nursing facility;

(4) an adult residential shelter care home;

(5) a boarding home;

(6) any adult care home or adult residential care facility; and

(7) any swing bed in an acute care facility or extended care facility;

C. "monitoring device" means a surveillance instrument that broadcasts or records activity, but does not include a still camera;

D. "patient" means a person who is a resident of a facility;

E. "program" means the New Mexico long-term care ombudsman program; and

F. "surrogate" means a legal guardian or a legally appointed substitute decision-maker who is authorized to act on behalf of a patient."

SECTION 10. Section 27-7-16 NMSA 1978 (being Laws 1989, Chapter 389, Section 3, as amended) is amended to read:

"27-7-16. DEFINITIONS.--As used in the Adult Protective Services Act:

A. "ability to consent" means an adult's ability to understand and appreciate the nature and consequences of proposed protective services or protective placement, including benefits, risks and alternatives to the proposed services or placement and to make or communicate an informed decision;

B. "abuse" means:

(1) knowingly, intentionally or negligently and without justifiable cause inflicting physical pain, injury or mental anguish;

(2) the intentional deprivation by a caretaker or other person of services necessary to maintain the mental and physical health of an adult; or

(3) sexual abuse, including criminal sexual contact, incest and criminal sexual penetration;

C. "adult" means a person eighteen years of age or older;

D. "caretaker" means a facility, provider or individual that has assumed the responsibility for the care of an adult;

E. "conservator" means a person who is appointed by a court to manage the property or financial affairs, or both, of an incapacitated adult;

F. "court" means the district court having jurisdiction;

G. "department" means the [aging and long-term services] children, youth and families department;

H. "emergency" means that an adult is living in conditions that present a substantial risk of death or immediate and serious physical harm to the adult or others;

I. "exploitation" means an unjust or improper use of an adult's money or property for another person's profit or advantage, pecuniary or otherwise;

J. "facility" means a hospital, nursing home, residential care facility, group home, foster care home, assisted living facility or other facility licensed by the state, but does not include a jail, prison or detention facility;

K. "guardian" means a person who has qualified to provide for the care, custody or control of an incapacitated adult pursuant to testamentary or court appointment, but excludes one who is a guardian ad litem;

L. "incapacitated adult" means any adult with a mental, physical or developmental condition that substantially impairs the adult's ability to provide adequately for the adult's own care or protection;

M. "multidisciplinary team" means a team composed of diverse professionals who meet periodically to consult on or enhance appropriate community responses to abuse, neglect or exploitation of adults;

N. "neglect" means the failure of the caretaker of an adult to provide for the basic needs of the adult, such as clothing, food, shelter, supervision and care for the physical and mental health of that adult; "neglect" includes self-neglect;

O. "protected adult" means an adult for whom a guardian or conservator has been appointed or other protective order has been made or an abused, neglected or exploited adult who has consented to protective services or protective placement;

P. "protective placement" means the placement of an adult with a provider or in a facility or the transfer of an adult from one provider or facility to another;

Q. "protective services" means the services furnished by the department or its delegate, as described in Section 27-7-21 NMSA 1978;

R. "provider" means a private-residence or health care worker or an unlicensed residential or nonresidential entity that provides personal, custodial or health care;

S. "self-neglect" means an act or omission by an incapacitated adult that results in the deprivation of essential services or supports necessary to maintain the incapacitated adult's minimal mental, emotional or physical health and safety;

T. "substantiated" means a determination, based on a preponderance of collected and assessed credible information, that abuse, neglect or exploitation of an incapacitated or protected adult has occurred; and

U. "surrogate" means a person legally authorized to act on an adult's behalf."

SECTION 11. Section 27-7A-2 NMSA 1978 (being Laws 2005, Chapter 256, Section 2) is amended to read:

"27-7A-2. DEFINITIONS.--As used in the Employee Abuse Registry Act:

A. "abuse" means:

(1) knowingly, intentionally or negligently and without justifiable cause inflicting physical pain, injury or mental anguish; or

(2) the intentional deprivation by a caretaker or other person of services necessary to maintain the mental and physical health of a person;

B. "department" means the department of health;

C. "direct care" means face-to-face services provided or routine and unsupervised physical or financial access to a recipient of services;

D. "employee" means a person employed by or on contract with a provider, either directly or through a third party arrangement to provide direct care. "Employee" does not include a New Mexico licensed health care professional practicing within the scope of the profession's license or a certified nurse aide;

E. "exploitation" means an unjust or improper use of a person's money or property for another person's profit or advantage, pecuniary or otherwise;

F. "neglect" means, subject to a person's right to refuse treatment and subject to a provider's right to exercise sound medical discretion, the failure of an employee to provide basic needs such as clothing, food, shelter, supervision and care for the physical and mental health of a person or failure by a person that may cause physical or psychological harm;

G. "provider" means an intermediate care facility for the mentally retarded; a rehabilitation facility; a home health agency; a homemaker agency; a home for the aged or disabled; a group home; an adult foster care home; a case management entity that provides services to elderly people or people with developmental disabilities; a corporate guardian; a private residence that provides personal care, adult residential care or natural and surrogate family services provided to persons with developmental disabilities; an adult daycare center; a boarding home; an adult residential care home; a residential service or habilitation service authorized to be reimbursed by medicaid; any licensed or medicaid-certified entity or any program funded by the [aging and long-term] human services department that provides respite, companion or personal care services; programs funded by the children, youth and families department that provide homemaker or adult daycare services; and any other individual, agency or organization that provides respite care or delivers home- and community-based services to adults or children with developmental disabilities or physical disabilities or to the elderly, but excluding a managed care organization unless the employees of the managed care organization provide respite care or deliver home- and community-based services to adults or children with developmental disabilities or physical disabilities or to the elderly;

H. "registry" means an electronic database that provides information on substantiated employee abuse, neglect or exploitation; and

I. "secretary" means the secretary of health."

SECTION 12. Section 27-15-2 NMSA 1978 (being Laws 2006, Chapter 112, Section 2) is amended to read:

"27-15-2. DEFINITION.--As used in the Money Follows the Person in New Mexico Act, "department" means the [aging and long-term] human services department."

SECTION 13. Section 28-4-5 NMSA 1978 (being Laws 1979, Chapter 203, Section 2) is amended to read:

"28-4-5. [AGENCY] DEPARTMENT DUTIES.--The [state agency on aging] children, youth and families department shall establish and maintain a comprehensive statewide program designed to meet the social service needs of the state's aged population, including but not limited to the following:

A. strengthen and coordinate services of state and local public bodies for the benefit of the aged;

B. promote the utilization of older persons in all phases of employment;

C. disseminate information to the aged relative to federal, state and local services for the aged;

D. encourage training programs, retraining programs and opportunities for older workers;

E. develop new methods of job placement for older workers;

F. promote public recognition of the advantages of hiring and retaining older workers; and

G. promote and develop programs of community resources and facilities designed to meet the social needs of older persons."

SECTION 14. Section 28-4-6 NMSA 1978 (being Laws 1979, Chapter 203, Section 3, as amended) is amended to read:

"28-4-6. [AGENCY] DEPARTMENT POWERS.--

A. The [state agency on aging] children, youth and families department:

(1) may receive on behalf of the state any gifts, donations or bequests from any source to be used in carrying out its duties; and

(2) is designated as the state agency for handling all programs of the federal government related to the aged, except those designated by law as the responsibility of another state agency, and may enter into agreements and contracts with agencies of the federal government for this purpose.

[B. The state agency on aging may adopt and promulgate such reasonable rules and regulations as are deemed necessary to carry out its duties. Unless otherwise provided by law, no rule or regulation affecting any person or agency outside the state agency on aging shall be adopted, amended or repealed without a public hearing on the proposed action before the director of the state agency on aging or a hearing officer designated by him. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule or regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule or regulation or proposed amendment or repeal of an existing rule or regulation may be obtained shall be published once at least thirty days prior to the hearing in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. The director of the state agency on aging shall also provide such notice to the director of each senior citizen center no later than forty days prior to the public hearing. All rules and regulations shall be filed in accordance with the State Rules Act.

C.] B. To ensure that the health and safety needs of the state's aged population are being met, the [state agency on aging] department may conduct unannounced quality care evaluations of health and long-term care facilities that provide services to the aged, including the use of undercover patients or employees. Any employee or contractor of the [state agency on aging] department who participates in such an evaluation shall be immune from liability in any civil action related to the evaluation, provided it is conducted in good faith. The purpose of this subsection is to confirm and clarify the authority of the [state agency on aging] department to conduct quality care evaluations to protect the interests of the state's aged population."

SECTION 15. Section 28-4-8 NMSA 1978 (being Laws 1979, Chapter 203, Section 5) is amended to read:

"28-4-8. REPORTS.--The [state agency on aging] children, youth and families department shall submit reports on its work for the preceding year to the governor and the legislature at least forty-five days prior to each regular legislative session. The reports shall contain recommendations on present and future needs of the aged."

SECTION 16. Section 28-4-9 NMSA 1978 (being Laws 1979, Chapter 203, Section 6, as amended) is amended to read:

"28-4-9. ADVISORY COMMITTEE.--The governor shall appoint an eleven-member advisory committee on aging to the [state agency on aging] children, youth and families department in accordance with the provisions of the Executive Reorganization Act. In establishing the committee, the governor shall take note of any federal requirements regarding membership and shall appoint members for staggered terms of four years. Members of the committee shall be reimbursed for services as provided for in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

SECTION 17. Section 28-17-3 NMSA 1978 (being Laws 1989, Chapter 208, Section 3, as amended) is amended to read:

"28-17-3. DEFINITIONS.--As used in the Long-Term Care Ombudsman Act:

A. "adult protective services" means the services provided by the children, youth and families department or its delegate pursuant to the Adult Protective Services Act;

B. "agency" means the [state agency on aging] children, youth and families department;

C. "care" means assistance with the activities of daily living, including eating, dressing, oral hygiene, bathing, mobility, toileting, grooming, taking medications, transferring from a bed or chair and walking;

D. "director" or "secretary" means the [director of the state agency on aging] secretary of children, youth and families;

E. "licensing and certification" means the licensing and certification bureau of the public health division of the department of health;

F. "long-term care facility" means any residential facility that provides care to one or more persons unrelated to the owner or operator of the facility, including:

(1) a skilled nursing facility;

(2) an intermediate care nursing facility, including an intermediate care facility for the mentally retarded;

(3) a nursing facility;

(4) an adult residential shelter care home;

(5) a boarding home;

(6) any other adult care home or adult residential care facility;

(7) a continuing care community;

(8) any swing bed in an acute care facility or extended care facility; and

(9) any adult day care facility;

G. "office" means the [office of the] state [long-term care] ombudsman;

H. "Older Americans Act" means the federal Older Americans Act;

I. "ombudsman" means an individual trained and certified to act as a representative of the [office of the] state [long-term care] ombudsman;

J. "ombudsman coordinator" means the coordinator of a regional or local ombudsman program designated by the [office of the] state ombudsman;

K. "program" means the New Mexico long-term care ombudsman program;

L. "resident" means any patient, client or person residing in and receiving care in a long-term care facility;

M. "state ombudsman" means the state long-term care ombudsman; and

N. "surrogate decision maker" means a legally appointed agent, guardian or surrogate who is authorized to act on behalf of a resident."

SECTION 18. Section 29-17-2 NMSA 1978 (being Laws 1998, Chapter 68, Section 1) is amended to read:

"29-17-2. SHORT TITLE.--[Sections 1 though 5 of this act] Chapter 29, Article 17 NMSA 1978 may be cited as the "Caregivers Criminal History Screening Act"."

SECTION 19. Section 29-17-4 NMSA 1978 (being Laws 1998, Chapter 68, Section 3, as amended) is amended to read:

"29-17-4. DEFINITIONS.--As used in the Caregivers Criminal History Screening Act:

A. "applicant" means a person who seeks and is offered employment or contractual service as a caregiver or hospital caregiver with a care provider;

B. "caregiver" means a person, not otherwise required to undergo a nationwide criminal history screening by the New Mexico Children's and Juvenile Facility Criminal Records Screening Act, whose employment or contractual service with a care provider includes direct care or routine and unsupervised physical or financial access to any care recipient served by that provider;

C. "care provider" or "provider" means a skilled nursing facility; an intermediate care facility; a care facility for the mentally retarded; a general acute care facility; a psychiatric facility; a rehabilitation facility; a home health agency; a homemaker agency; a home for the aged or disabled; a group home; an adult foster care home; a guardian service provider; a case management entity that provides services to people with developmental disabilities; a private residence that provides personal care, adult residential care or nursing care for two or more persons not related by blood or marriage to the facility's operator or owner; an adult daycare center; a boarding home; an adult residential care home; a residential service or habilitation service authorized to be reimbursed by medicaid; any licensed or medicaid-certified entity or any program funded by the [aging and long-term] human services department that provides respite, companion or personal care services; or programs funded by the [children, youth and families] human services department that provide homemaker or adult daycare services. "Care provider" or "provider" does not include resident care facilities located at or performing services exclusively for any correctional facility, outpatient treatment facilities, diagnostic and treatment facilities, ambulatory surgical centers and facilities, end-stage renal dialysis and treatment facilities, rural health clinics, private physicians' offices or other clinics that operate in the same manner as private physicians' offices in group practice settings;

D. "care recipient" means any person under the care of a provider who has a physical or mental illness, injury or disability or who suffers from any cognitive impairment that restricts or limits the person's activities;

E. "conviction" means a plea, judgment or verdict of guilty, a plea of nolo contendere, an Alford plea or any plea or judgment entered in connection with a suspended sentence, in this state or any other state or jurisdiction;

F. "hospital caregiver" means a person who provides direct unsupervised patient care in an inpatient setting and is not a licensed New Mexico health care professional practicing within the scope of a profession's license;

G. "nationwide criminal history screening" means a criminal history background investigation of an applicant, caregiver or hospital caregiver through the use of fingerprints collected by the department of public safety and submitted to the federal bureau of investigation, resulting in generation of a nationwide criminal history record for that applicant, caregiver or hospital caregiver;

H. "nationwide criminal history record" means information concerning a person's arrests, indictments or other formal criminal charges and any dispositions arising therefrom, including convictions, dismissals, acquittals, sentencing and correctional supervision, and collected by criminal justice agencies; and

I. "statewide criminal history screening" means a criminal history background investigation of an applicant or caregiver through the comparison of identifying information with the department of public safety's criminal record repository."

SECTION 20. TEMPORARY PROVISION--LONG-TERM SERVICES PROGRAMS--TRANSFER OF PROPERTY, CONTRACTS AND RULES.--

A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property directly related to the following programs located at the aging and long-term services department shall be transferred to the human services department:

(1) the coordination of long-term services program for disabled, elderly or brain-injured persons;

(2) that component of the Mi Via self-directed waiver program that services disabled, elderly or brain-injured persons who meet the criterion of needing a nursing facility level of care;

(3) the program of all-inclusive care for the elderly;

(4) the brain injury services program; and

(5) quality assurance programs related to any of the programs listed in this subsection.

B. On the effective date of this act, all contracts relating to the programs listed in Subsection A of this section that are binding on the aging and long-term services department shall be binding on the human services department.

C. Rules of the aging and long-term services department related to the programs listed in Subsection A of this section shall be the rules of the human services department for those programs until amended or repealed by the human services department.

SECTION 21. TEMPORARY PROVISION--TRANSFER OF PROPERTY, CONTRACTS, STATUTORY REFERENCES AND RULES.--

A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the aging and long-term services department, except for the programs listed in Section 20 of this act, are transferred to the children, youth and families department.

B. On the effective date of this act, all contractual obligations that are binding on the aging and long-term services department, except for contractual obligations related to the programs listed in Section 20 of this act, shall be binding on the children, youth and families department.

C. On the effective date of this act, all statutory references to the aging and long-term services department or the state agency on aging shall be deemed to be references to the children, youth and families department.

SECTION 22. TEMPORARY PROVISION--TRANSITION AND INTEGRATION PLANS--TRANSITION TEAM.--The department of finance and administration shall form a transition team made up of representatives of the aging and long-term services department, the children, youth and families department, the human services department and the state personnel office to develop and implement transition and integration plans to move aging and long-term services department functions to the children, youth and families department and the human services department. The plans shall include proposed budgets to be submitted to the state budget division of the department of finance and administration and the legislative finance committee on September 1, 2011.

SECTION 23. REPEAL.--Sections 9-2A-13, 9-23-1 through 9-23-12, 28-4-1 through 28-4-4 and 28-4-7 NMSA 1978 (being Laws 1992, Chapter 57, Section 13, Laws 2004, Chapter 23, Sections 1 through 11, Laws 2004, Chapter 46, Section 15, Laws 1969, Chapter 55, Section 2, Laws 1977, Chapter 252, Section 17, Laws 1969, Chapter 55, Section 3 and Laws 1979, Chapter 203, Sections 1 and 4, as amended) are repealed.

SECTION 24. EFFECTIVE DATES.--

A. The effective date of the provisions of Sections 1 through 21 and 23 of this act is January 1, 2012.

B. The effective date of the provisions of Section 22 of this act is June 17, 2011.

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