0001| AN ACT
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0002| RELATING TO HEALTH CARE; ENACTING THE MEDICAID REVIEW ACT;
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0003| REQUIRING REVIEW OF THE SERVICES AND MEDICAL BENEFITS PROVIDED IN
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0004| THE MEDICAID PROGRAM.
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0005|
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007| Section 1. SHORT TITLE.--Sections 1 through 4 of this act may be cited as the
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0008| "Medicaid Review Act".
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0009| Section 2. PURPOSE OF ACT.--The purpose of the Medicaid Review Act is to ensure
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0010| that the human services department reviews, with full public involvement, the medicaid program
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0011| and the full array of services and medical benefits provided in the medicaid program and seeks
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0012| appropriate legislative approval for significant changes in services, medical benefits or eligibility
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0013| criteria made to the program.
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0014| Section 3. HUMAN SERVICES DEPARTMENT REVIEW OF MEDICAID
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0015| BENEFITS AND SERVICES.--
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0016| A. The human services department, in consultation with other state agencies
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0017| using medicaid funds, shall conduct a review that considers the full array of services and medical
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0018| benefits provided in the medicaid program. The public review process provided in the Medicaid
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0019| Review Act shall be used by the department to assist it in planning the medicaid program and in
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0020| developing recommendations for funding to the state legislature.
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0021| B. In conducting the review, the department shall seek to develop through a
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0022| broad-based public process a consensus on values to guide medicaid spending and medicaid
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0023| resource allocation. The review shall consider all medicaid services, including:
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0024| (1) medical benefits;
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0025| (2) nursing facilities and home- and community-based services;
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0001| (3) institutional, home- and community-based care for the
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0002| developmentally disabled, the chronically mentally ill or emotionally disturbed and the treatment
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0003| of alcohol- and drug-dependent persons; and
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0004| (4) other categories of service.
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0005| C. In conducting the review, the department shall analyze the impact to other
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0006| health services of recommended changes to the medicaid program including:
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0007| (1) costs incurred by the state, county indigent funds and private
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0008| insurance providers and policyholders;
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0009| (2) costs of uncompensated care incurred by providers;
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0010| (3) use of emergency care;
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0011| (4) care received by persons affected by proposed changes in services,
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0012| eligibility criteria or the imposition of co-payment requirements;
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0013| (5) care received by special needs populations and persons with terminal
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0014| or progressive illnesses; and
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0015| (6) rural health care infrastructure and provider participation in the
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0016| medicaid program.
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0017| D. The review of the medicaid program by the department shall include
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0018| consideration of options to contain health care costs and expand medicaid coverage to persons
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0019| without health insurance.
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0020| E. The public review process shall include a series of public hearings and seek
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0021| testimony and information from a wide range of interested persons, including legislative and
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0022| executive representatives, advocates for seniors, handicapped persons, mental health consumers,
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0023| low-income individuals and providers of services or potential services for the medicaid program.
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0024| F. Unless otherwise provided in the Medicaid Review Act, the human services
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0025| department may establish committees or advisory groups as it deems necessary or appropriate to
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0001| conduct the review required by this section and make recommendations to the department;
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0002| provided that the membership of any such committee or advisory group shall reflect the ethnic,
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0003| economic and geographic diversity of New Mexico.
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0004| G. The human services department shall work with the New Mexico health
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0005| policy commission to establish a subcommittee to review medical benefits for the medicaid
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0006| program. The New Mexico health policy commission shall administer and oversee the work of
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0007| the subcommittee. The subcommittee shall participate in the public review process and shall:
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0008| (1) recommend to the human services department the array of medical
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0009| benefits for the medicaid program. The subcommittee shall accord priority attention to
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0010| providing basic preventive and primary care medical benefits to all persons eligible for medicaid
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0011| assistance, taking into account special needs populations and persons with terminal illness. The
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0012| advantages of each medical benefit to the population to be served by the medicaid program shall
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0013| be described;
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0014| (2) consider eligibility criteria for medical benefits for medicaid
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0015| recipients; and
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0016| (3) consider patient co-payments and appropriate reimbursement rates for
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0017| medical benefits for providers and plans that serve medicaid recipients.
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0018| H. The human services department shall consider opinions expressed in the
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0019| public review process required in the Medicaid Review Act and recommendations of
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0020| committees, advisory groups and the medical benefits subcommittee prior to issuing proposed
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0021| regulations to revise the medicaid program or seeking legislative approval for significant
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0022| changes in services, medical benefits or eligibility in the medicaid program.
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0023| I. In conducting its review, the human services department shall adopt interim
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0024| revisions to the medicaid program if necessary to comply with federal law requirements imposed
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0025| for calendar year 1996; provided the department shall seek, to the maximum extent practicable,
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0001| to include public participation and comment prior to the adoption of interim regulations for
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0002| 1996. The department shall complete its review of the medicaid program by October 1, 1997,
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0003| and shall revise that review by October 1, 1998, in accordance with the provisions of the
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0004| Medicaid Review Act.
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0005| J. The human services department shall submit a report to the appropriate interim
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0006| legislative committee by October 1, 1997, and revise the report by October 1, 1998, of the
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0007| department's review of and recommendations concerning services and the allocation of funds for
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0008| the medicaid program.
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0009| Section 4. AUTHORIZATION FOR CONTRACTS--NOTICE TO PROVIDERS.--
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0010| A. The New Mexico health policy commission and the human services
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0011| department may enter into contracts to hire actuaries, consultants and experts as they deem
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0012| necessary or appropriate to fulfill the duties of the Medicaid Review Act.
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0013| B. Providers of services under medicaid and health plans contracting with the
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0014| human services department for medicaid services shall be given no less than thirty days' written
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0015| notice prior to a reduction in reimbursement payments or services taking effect.
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0016| Section 5. DELAYED REPEAL.--The Medicaid Review Act is repealed effective
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0017| October 1, 1998.
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0018|
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