0001|                               AN ACT
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0002| RELATING TO HEALTH; PROVIDING FOR DEVELOPMENT AND IMPLEMENTATION OF A
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0003| PLAN FOR GROWTH OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY
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0004| RETARDED.
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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.  Section 24-1-5.3 NMSA 1978 (being Laws 1990, Chapter
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0008| 97, Section 1, as amended) is amended to read:
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0009|      "24-1-5.3.  INTERMEDIATE CARE FACILITIES FOR THE MENTALLY
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0010| RETARDED--LICENSURE MORATORIUM.--
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0011|           A.  The department shall not issue a license to any new
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0012| intermediate care facility for the mentally retarded nor shall the
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0013| department issue a license for an increase over the bed capacity that
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0014| existed on January 1, 1993 in an existing facility.  No such facility
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0015| shall apply for licensure except as provided in Subsection B of this
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0016| section.
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0017|           B.  Except as provided in Subsection C of this section for
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0018| transfers, the department may accept applications for and issue
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0019| licenses to intermediate care facilities for the mentally retarded on
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0020| and after the earliest of the following dates:
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0021|                (1)  July 1, 1999, provided that the secretary of
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0022| human services certifies to the secretary of health that the human
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0023| services department and the department of health have approved and
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0024| presented to the first session of the forty-fourth legislature a plan
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0025| to control the growth of intermediate care facilities for the mentally
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0001| retarded and to establish the future role of intermediate care
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0002| facilities for the mentally retarded in the developmental disabilities
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0003| service system; or
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0004|                (2)  the date the secretary of health certifies to the
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0005| department of finance and administration that an emergency exists that
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0006| threatens the health and safety of persons with developmental
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0007| disabilities, provided that licenses granted under this paragraph do
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0008| not exceed the total statewide bed capacity that existed on January 1,
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0009| 1993.
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0010|           C.  Upon application, the department may transfer no more
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0011| than eighty beds from currently licensed intermediate care facilities
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0012| for the mentally retarded to other intermediate care facilities for
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0013| the mentally retarded licensed for the purposes of this subsection;
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0014| provided those facilities:
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0015|                (1)  are licensed to provide sufficient beds and care
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0016| for no more than four persons with mental retardation per residence;
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0017|                (2)  include fiscal, geographic, service and access
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0018| criteria pursuant to regulations adopted by the department of health
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0019| necessary to provide for the needs of persons in need of such
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0020| facilities;
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0021|                (3)  are in accordance with the freedom of choice
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0022| provisions of Title XIX of the Social Security Act;
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0023|                (4)  are located no closer than one hundred fifty feet
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0024| from an existing intermediate care facility for the mentally retarded,
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0025| home for persons with developmental disabilities or a nursing home;
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0001| and
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0002|                (5)  eight of the eighty beds shall be exempt from the
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0003| provisions of Paragraphs (1) through (4) of this subsection and are
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0004| transferred to the Las Vegas medical center by the department of
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0005| health for the purposes of programs for persons with developmental
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0006| disabilities.
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0007|           D.  As used in this section, "intermediate care facility for
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0008| the mentally retarded" means any intermediate care facility eligible
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0009| for certification as an intermediate care facility for the mentally
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0010| retarded."
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0011|      Section 2.  PLAN OF GROWTH--REQUIREMENTS--REPORTING.--No
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0012| later than January 1, 1999 the human services department and the
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0013| department of health shall develop a plan with approval of the
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0014| first session of the forty-fourth legislature to control growth of
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0015| intermediate care facilities for the mentally retarded and clarify
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0016| the role of intermediate care facilities for the mentally retarded
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0017| in the developmental disabilities care system.  The plan shall
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0018| include fiscal, geographical, service and access criteria
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0019| necessary to provide for the needs of individuals in need of such
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0020| facilities and shall be in accordance with the freedom of choice
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0021| provisions of Title XIX of the Social Security Act.  The
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0022| departments shall present a joint report and legislative
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0023| recommendations on growth of intermediate care facilities for the
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0024| mentally retarded to the interim legislative health and human
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0025| services committee no later than October 1, 1998.                  
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0001|                  
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