HOUSE BILL 471

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Joy Garratt and Natalie Figueroa

 

 

 

 

 

AN ACT

RELATING TO HEALTH CARE; CREATING THE ALZHEIMER'S DISEASE AND OTHER DEMENTIA ADVISORY COUNCIL; REQUIRING THE ALZHEIMER'S DISEASE AND OTHER DEMENTIA ADVISORY COUNCIL TO CREATE AN ALZHEIMER'S DISEASE AND OTHER DEMENTIA STATE PLAN.

 

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

     SECTION 1. [NEW MATERIAL] ALZHEIMER'S DISEASE AND OTHER DEMENTIA ADVISORY COUNCIL CREATED.--

          A. The "Alzheimer's disease and other dementia advisory council" is created and shall be administratively attached to the aging and long-term services department. The Alzheimer's disease and other dementia advisory council consists of:

                (1) the following eleven voting members:

                     (a) one individual living with Alzheimer's disease or other dementia or a relative of an individual living with Alzheimer's disease or other dementia;

                     (b) one individual who is related to and the caregiver of an individual living with Alzheimer's disease or other dementia;

                     (c) one individual who represents nursing homes;

                     (d) one individual who represents assisted living facilities;

                     (e) one individual who represents providers of adult daycare services;

                     (f) one individual who represents home care providers;

                     (g) one physician who has experience diagnosing and treating Alzheimer's disease;

                     (h) one individual who researches Alzheimer's disease or other dementia;

                     (i) one individual who represents a national organization that advocates on behalf of individuals living with Alzheimer's disease or other dementia;

                     (j) one individual who represents the area agencies on aging; and

                     (k) one individual who represents an organization that advocates for older adults; and

                (2) the following four nonvoting members:

                     (a) the director of the division of health improvement of the department of health or the director's designee;

                     (b) the secretary of aging and long-term services or the secretary's designee;

                     (c) the director of the medical assistance division of the human services department or the director's designee; and

                     (d) the state long-term care ombudsman or the ombudsman's designee.

          B. Each voting member shall be appointed by the secretary of aging and long-term services and shall serve for a term of two years and until the voting member's successor is appointed and qualified. A voting member shall not serve more than two consecutive terms. The secretary of aging and long-term services shall appoint all eleven voting members no later than ninety days after the effective date of this 2023 act.

          C. Members of the Alzheimer's disease and other dementia advisory council are entitled to per diem and mileage pursuant to the Per Diem and Mileage Act but shall receive no other compensation for their services on the council.

          D. Members of the Alzheimer's disease and other dementia advisory council shall select the chair and vice chair who shall not be employees of the state and may serve as chair and vice chair for up to two consecutive years. The council shall hold its first meeting no later than thirty days after the appointment of all eleven voting members and at least once every quarter after the initial meeting. For purposes of the initial meeting, the secretary of aging and long-term services or the secretary's designee shall call and preside over the meeting until a chair is selected. 

          E. A majority of the voting members shall constitute a quorum of the Alzheimer's disease and other dementia advisory council.

     SECTION 2. [NEW MATERIAL] DUTIES--REPORTING

REQUIREMENTS.--

          A. The Alzheimer's disease and other dementia advisory council shall study the:

                (1) needs of individuals living with Alzheimer's disease or other dementia;

                (2) services available in the state for individuals with Alzheimer's disease and other dementia or their familial caregivers; and

                (3) ability of health care providers and facilities to meet the current and future needs of individuals with Alzheimer's disease or other dementia.

          B. The Alzheimer's disease and other dementia advisory council shall create an Alzheimer's disease and other dementia state plan that recommends strategies to improve Alzheimer's disease and other dementia care in New Mexico. The council shall submit the state plan to the legislative health and human services committee, the legislative finance committee and the office of the governor no later than July 1, 2026, and an updated state plan shall be submitted every four years after that. When creating or updating the state plan, the council shall consider and make findings and recommendations on:

                (1) trends relating to the state's populations of individuals with Alzheimer's disease and other dementia, including the:

                     (a) state's role in providing or facilitating long-term care, familial caregiver support and assistance to those with early-stage or early-onset Alzheimer's disease or other dementia;

                     (b) state's policies regarding individuals with Alzheimer's disease or other dementia;

                     (c) fiscal impact of Alzheimer's disease and other dementia;

                     (d) establishment of systems to better determine the number of individuals diagnosed with Alzheimer's disease or other dementia in the state;

                     (e) workforce of health care workers who are able to serve people with Alzheimer's disease or other dementia, including neurologists and direct care workers;

                     (f) availability and cost of various forms of dementia care services; and

                     (g) availability of home- and community-based services for individuals diagnosed with Alzheimer's disease or other dementia; and

                (2) policies and strategies relating to:

                     (a) increasing public awareness of Alzheimer's disease and other dementia;

                     (b) educating providers on the early detection and diagnosis of Alzheimer's disease and other dementia;

                     (c) improving the health care received by individuals diagnosed with Alzheimer's disease and other dementia;

                     (d) improving long-term care, including assisted living, for those with Alzheimer's disease and other dementia;

                     (e) assisting unpaid caregivers for individuals with Alzheimer's disease and other dementia;

                     (f) increasing and improving research on Alzheimer's disease and other dementia; and

                     (g) improving ways in which the state evaluates and adopts policies to assist individuals diagnosed with Alzheimer's disease and other dementia and their families.

          C. The Alzheimer's disease and other dementia advisory council shall monitor the progress of the implementation of the Alzheimer's disease and other dementia state plan recommendations. The council shall submit an annual report to the legislative health and human services committee, the legislative finance committee and the office of the governor on the status of the implementation of the state plan recommendations, including any barriers to implementation.

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