SENATE JOINT MEMORIAL 5

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Timothy M. Keller and Elizabeth "Liz" Thomson

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

A JOINT MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO ESTABLISH A MEDICAID DISABILITY SERVICES OVERSIGHT COUNCIL.

     WHEREAS, the state's medicaid program provides a great number of the services on which New Mexicans living with disabilities depend; and

     WHEREAS, the human services department and the department of health channel state and federal funding to offer medicaid services to persons living with disabilities; and

     WHEREAS, among the medicaid programs that serve individuals with disabilities are the developmental disabilities waiver; the coordinated long-term services, or "CoLTS", waiver; the medically fragile waiver; the working disabled medicaid program; and the personal care option offered through the salud! program; and

     WHEREAS, medicaid disability services for individuals currently enrolled in the CoLTS, personal care option and salud! medicaid programs will be integrated with the January 1, 2014 implementation of the centennial care waiver program; and

     WHEREAS, the developmental disabilities waiver program has seen major changes with the implementation of a new federal home- and community-based waiver, with changes having a sometimes devastating effect upon the lives of waiver participants; and

     WHEREAS, individuals living with disabilities are New Mexicans living in some of the most vulnerable circumstances, yet have the least say in how decisions that affect them are made as state agencies do not engage in meaningful consultation with disabled individuals and their representatives; and

     WHEREAS, medicaid services are usually provided in a climate that lacks transparency, depriving disabled New Mexicans and their families of accurate information about the medicaid services upon which they depend; and

     WHEREAS, the employment, education and recreation programs that state medicaid disability services provide are inadequate to the tasks of fostering independence and meaningful life stewardship opportunities for disabled participants; and

     WHEREAS, when the rights of individuals with disabilities are respected, when they have the information they need about medicaid services and when they have a voice in how decisions are made regarding medicaid services, they are better able to participate independently in and fully contribute to the community;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to create a permanent, eleven-member medicaid disability services oversight council, made up of legislators and non-legislators, to provide oversight of the medicaid services provided for persons living with disabilities; and

     BE IT FURTHER RESOLVED that the New Mexico legislative council appoint members to the medicaid disability services oversight council as follows:

          A. two senators, including one senator from each major political party;

          B. two members of the house of representatives, including one representative from each major political party;

          C. two individuals living with disabilities;

          D. one disabled individual's personal representative;

          E. one individual who serves as a community advocate for individuals living with disabilities;

          F. one individual with expertise and experience in disability issues, disabilities law or disability policy or finance;

          G. one representative from the medical assistance division of the human services department; and

          H. one representative from the developmental disabilities supports division of the department of health; and

     BE IT FURTHER RESOLVED that the medicaid disability services oversight council be charged with study and oversight of medicaid programming and finance matters relating to medicaid disability services offered through the human services department and the department of health; and 

     BE IT FURTHER RESOLVED that the medicaid disability services oversight council be charged with receiving reporting from state agencies that serve disabled medicaid recipients; and

     BE IT FURTHER RESOLVED that the New Mexico legislative council require the medicaid disability services oversight council to make an annual report of its findings and recommendations and recommend any necessary legislation to the legislative health and human services committee or the disabilities concerns subcommittee of the legislative health and human services committee and to the legislative finance committee; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the president pro tempore of the senate and the speaker of the house of representatives.

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