SENATE BILL 149
56th legislature - STATE OF NEW MEXICO - second session, 2024
Bill Tallman and Pamelya Herndon and Jenifer Jones
RELATING TO BEHAVIORAL HEALTH; ENACTING THE BEHAVIORAL HEALTH FACILITIES FUND ACT; CREATING THE BEHAVIORAL HEALTH FACILITIES FUND; PROVIDING FOR GRANTS TO PLAN AND PURCHASE, RENOVATE OR CONSTRUCT BEHAVIORAL HEALTH TREATMENT FACILITIES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Behavioral Health Facilities Fund Act".
SECTION 2. [NEW MATERIAL] PURPOSE OF ACT.--The purpose of the Behavioral Health Facilities Fund Act is to assist counties in planning for and counties and municipalities in purchasing, renovating or constructing regional behavioral health facilities that will provide coordinated, comprehensive behavioral health treatment throughout New Mexico.
SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Behavioral Health Facilities Fund Act:
A. "behavioral health treatment" means a comprehensive array of professional and ancillary treatment for the treatment, habilitation, prevention and identification of mental illnesses, behavioral symptoms associated with developmental disabilities, substance abuse disorders or trauma spectrum disorders;
B. "department" means the health care authority department;
C. "fund" means the behavioral health facilities fund; and
D. "secretary" means the secretary of health care authority.
SECTION 4. [NEW MATERIAL] BEHAVIORAL HEALTH FACILITIES FUND CREATED.--
A. The "behavioral health facilities fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, income from investment of the fund and any other money distributed or otherwise allocated to the fund.
B. Money in the fund is appropriated to the department for the purposes of carrying out the provisions of the Behavioral Health Facilities Fund Act, including the planning, purchase, renovation or construction of behavioral health treatment facilities. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of health care authority or the secretary's authorized representative.
SECTION 5. [NEW MATERIAL] DEPARTMENT DUTIES--ELIGIBILITY FOR AWARD OF FUNDS.--
A. The department shall develop a statewide strategic plan for the delivery of behavioral health services. The plan shall establish certain broad guidelines, structure and design to be used in developing criteria set forth in Subsection C of this section.
B. The department shall develop application forms and procedures for grants pursuant to Section 6 of the Behavioral Health Facilities Fund Act.
C. The department shall develop criteria for evaluating applications for strategic planning grants and for grants for the purchase, renovation or construction of county-owned or municipal-owned behavioral health facilities pursuant to Section 6 of the Behavioral Health Facilities Fund Act. These criteria shall be based on evidence-based practices of the sequential intercept model and treatment standards approved by the substance abuse and mental health services administration of the federal department of health and human services.
D. Funds may be awarded only to counties in which there is a public post-secondary educational institution that offers degrees in any field that supports careers in behavioral health treatment and to municipalities within such counties.
SECTION 6. [NEW MATERIAL] USE OF GRANT FUNDS.--
A. Money from the fund may be awarded based on need as determined by the secretary:
(1) to counties to support through grants not exceeding one hundred thousand dollars ($100,000) strategic planning efforts regarding the need for behavioral health treatment facilities and the manner in which the need may be met; and
(2) to counties or municipalities to finance in whole or in part the purchase, renovation or construction of facilities that will provide behavioral health treatment; provided that funds shall not be awarded to a county or a municipality until that county or the county within which the municipality is located has completed a strategic planning process approved by the secretary.
B. Money in the fund may be used to reimburse the department for actual expenses incurred in administering the fund in an amount not to exceed five percent of total money disbursed from the fund.
SECTION 7. APPROPRIATION.--One hundred sixty million eight hundred thousand dollars ($160,800,000) is appropriated from the general fund to the behavioral health facilities fund for expenditure in fiscal year 2025 and subsequent fiscal years for the purposes of carrying out the provisions of the Behavioral Health Facilities Fund Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
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