SENATE BILL 36

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

William P. Soules and Yvette Herrell

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO PUBLIC ASSISTANCE; REQUIRING THE DEPARTMENT OF HEALTH TO PROVIDE AN ANNUAL REPORT ON THE DEVELOPMENTAL DISABILITIES MEDICAID HOME- AND COMMUNITY-BASED WAIVER PROGRAM; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] DEVELOPMENTAL DISABILITIES-- MEDICAID HOME- AND COMMUNITY-BASED SUPPORTS AND SERVICES-- ANNUAL REPORT WITH FIVE-YEAR COST PROJECTIONS.--

          A. By October 1, 2016 and by October 1 of each year thereafter, the department of health shall provide a report to the legislative finance committee and the legislative health and human services committee on the supports and services provided pursuant to the developmental disabilities medicaid home- and community-based waiver program. The report shall include:

                (1) for each of the five most recent state fiscal years, the number of individuals who:

                     (a) were served in the developmental disabilities medicaid home- and community-based waiver program;

                     (b) received developmental disabilities medicaid home- and community-based waiver services for the first time that year based on an approved initial service plan, including information on the average length of time that individuals for whom services were newly approved during the fiscal year had awaited allocation on the developmental disabilities medicaid home- and community-based waiver waiting list before plan approval;

                     (c) were awaiting allocation at the end of the fiscal year;

                     (d) were added to the waiting list, sorted by status category; and

                     (e) were removed from the waiting list due to reasons other than allocation to the developmental disabilities medicaid home- and community-based waiver program services;

                (2) for each of the five most recent state fiscal years, the amount of state funds, if any, that the legislature has appropriated that:

                     (a) exceeds the previous state fiscal year's allocation of state funds for the purpose of increasing

the number of individuals served in the developmental disabilities medicaid home- and community-based waiver program for each state fiscal year; and

                     (b) has reverted at the end of the state fiscal year;

                (3) for each of the five most recent state fiscal years, the amount of state and federal funds expended for developmental disabilities medicaid home- and community-based waiver program services;

                (4)  a projection of the number of registrants who will be in awaiting allocation status at the end of each of the upcoming five state fiscal years, based on:

                     (a) historical data on the annual average number of registrations for the developmental disabilities waiver that were confirmed to meet the eligibility definition through match determination and moved to awaiting allocation status; and

                     (b) other relevant program data; and

                (5) a projection of the amount of additional state funding required so that by the end of the upcoming five-year period, individuals on the waiting list awaiting allocation have a registration date not more than three years earlier than the date of the end of that five-year period.

          B. As used in this section:

                (1) "awaiting allocation" means that an individual on the waiting list for the developmental disabilities medicaid home- and community-based waiver program has been determined by the department of health through match determination to meet the eligibility definition for the program;

                (2) "match determination" means the process to verify that an individual has a condition that meets the developmental disabilities medicaid home- and community-based waiver eligibility definition; and

                (3) "registration" means the submission of a registration form to apply for the developmental disabilities medicaid home- and community-based waiver program.

     SECTION 2. APPROPRIATION.--Twenty-five million dollars ($25,000,000) is appropriated from the general fund to the department of health for expenditure in fiscal year 2017 to fund supports and services for individuals enrolled in a developmental disability medicaid home- and community-based waiver program and to allow enrollment of eligible individuals listed on the department of health's central registry who are currently awaiting allocation of supports and services through the developmental disability medicaid waiver program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2017 shall revert to the general fund.

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