HOUSE BILL 135

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Sheryl Williams Stapleton

AN ACT

RELATING TO HEALTH; AMENDING AND ENACTING SECTIONS OF THE HUMAN SERVICES DEPARTMENT ACT TO PROVIDE FOR INTERVENTIONS FOR YOUTH AT RISK AND FOR NONVIOLENT OFFENDERS WHO HAVE BEHAVIORAL HEALTH DIAGNOSES IN WAYS LIKELY TO REDUCE RECIDIVISM, DETENTION AND INCARCERATION; CREATING THE COUNTY BEHAVIORAL HEALTH TRANSPORTATION FUND; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 9-8-7.1 NMSA 1978 (being Laws 2007, Chapter 325, Section 4) is amended to read:

     "9-8-7.1. BEHAVIORAL HEALTH SERVICES DIVISION--POWERS AND DUTIES OF THE HUMAN SERVICES DEPARTMENT.--

          A. Subject to appropriation, the department shall:

                [A.] (1) contract for behavioral health treatment and support services, including mental health, alcoholism and other substance abuse services;

                [B.] (2) establish standards for the delivery of behavioral health services, including quality management and improvement, performance measures, accessibility and availability of services, utilization management, credentialing and recredentialing, rights and responsibilities of providers, preventive behavioral health services, clinical treatment and evaluation and the documentation and confidentiality of client records;

                [C.] (3) ensure that all behavioral health services, including mental health and substance abuse services, that are provided, contracted for or approved are in compliance with the requirements of Section 9-7-6.4 NMSA 1978;

                [D.] (4) assume responsibility for and implement adult mental health and substance abuse services in the state in coordination with the children, youth and families department;

                (5) for youth at risk and for nonviolent adult and juvenile offenders who have behavioral health diagnoses:

                     (a) create, implement and continually evaluate the effectiveness of a framework for targeted, individualized interventions that address those individuals' behavioral health needs; and

                     (b) connect those individuals to resources and services, including supportive housing, public assistance, medical assistance, behavioral health therapy and employment training, that reduce the likelihood of involvement in the juvenile justice or criminal justice systems and that reduce the likelihood of recidivism, detention and incarceration;

               (6) establish a program pursuant to which counties may apply for and, in accordance with criteria established by the department, be awarded money from the county behavioral health transportation fund to provide for the transport of indigent patients to behavioral health services;

                [E.] (7) establish criteria for determining individual eligibility for behavioral health services; and

                [F.] (8) maintain a management information system in accordance with standards for reporting clinical and fiscal information.

          B. As used in this section, "youth at risk" means an individual between the ages of thirteen and twenty-one years of age whom a school health care provider has identified as being at risk of involvement in the juvenile justice or criminal justice system."

     SECTION 2. A new section of the Human Services Department Act is enacted to read:

     "[NEW MATERIAL] COUNTY BEHAVIORAL HEALTH TRANSPORTATION FUND.--The "county behavioral health transportation fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Money in the fund is appropriated to the department for the purpose of making distributions to counties that apply for and, in accordance with department rules, qualify for funds for the transport of indigent patients to behavioral health services pursuant to the provisions of Paragraph (6) of Subsection A of Section 9-8-7.1 NMSA 1978. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of human services or the secretary's authorized representative. Money in the fund shall be invested as provided for other state funds, and income earned on the fund shall be credited to the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund."

     SECTION 3. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the county behavioral health transportation fund for expenditure in fiscal year 2019 and subsequent fiscal years to fund counties' transport of indigent patients to behavioral health services pursuant to the provisions of Paragraph (6) of Subsection A of Section 9-8-7.1 NMSA 1978. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.

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