HOUSE BILL 324
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO GOVERNMENT ORGANIZATION; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO MONITOR REQUESTS FOR REIMBURSEMENT; IMPOSING A RATE OF INTEREST ON PAST DUE PAYMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. 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 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 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;
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 to encourage common contracting procedures, common service definitions and a uniform system of access;
F. enact regulations to control disposition and placement of children under the Children's Code, including regulations 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 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;
L. ensure that behavioral health services provided, including mental health and substance abuse services for children, 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, staff members and volunteers whose jobs involve direct contact with department clients, including prospective employees and employees who are promoted, transferred or hired into new positions, and the superiors of all department employees, staff members and volunteers who have direct unsupervised contact with department clients;
N. establish a system to monitor all requests made for expense reimbursement by the department as permitted by law; and
O. pay interest at the rate of eight and three-fourths percent per year on all requests for reimbursement not paid within thirty days of the department's receipt of the request, unless the department has objected in writing to the person making the request for reimbursement."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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