SENATE BILL 77

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

INTRODUCED BY

Bill B. O'Neill

AN ACT

RELATING TO MEDICAL ASSISTANCE; PROVIDING FOR REIMBURSEMENT OF FAMILY MEMBERS PROVIDING PERSONAL CARE SERVICES.

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

     SECTION 1. [NEW MATERIAL] MEDICAL ASSISTANCE--PERSONAL CARE SERVICES--FAMILY MEMBER.--

          A. The human services department shall allow a family member of a personal care services recipient to receive reimbursement for providing personal care services to the personal care services recipient. The department shall not:

                (1) deny reimbursement for personal care services to a family member who is otherwise qualified to provide personal care services to the personal care services recipient; or

                (2) require a criminal background check as a condition of reimbursement to a family member who provides personal care services.

          B. As used in this section:

                (1) "family member" means a spouse, child, sibling, parent or grandparent;

                (2) "personal care services" means services provided through any medical assistance program that provides assistance with activities of daily living or instrumental activities of daily living in a personal care services recipient's place of residence or other noninstitutional setting, whether through a consumer-directed model or an agency-directed model; and

                (3) "personal care services recipient" means a medical assistance recipient:

                     (a) who is at least twenty-one years of age;

                     (b) who is unable to perform at least two activities of daily living because of disability or functional limitation; and

                     (c) whom the human services department has deemed eligible to receive personal care services.

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