0001| SENATE BILL 254
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| TIMOTHY Z. JENNINGS
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO HEALTH; PROVIDING FOR DEVELOPMENT AND
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0012| IMPLEMENTATION OF A PLAN FOR THE GROWTH OF INTERMEDIATE CARE
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0013| FACILITIES FOR THE MENTALLY RETARDED; DECLARING AN EMERGENCY.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. INTERMEDIATE CARE FACILITIES FOR THE MENTALLY
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0017| RETARDED--LICENSURE MORATORIUM.--
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0018| A. The department of health shall not issue a
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0019| license to any new intermediate care facility for the mentally
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0020| retarded, and the department shall not issue a license for an
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0021| increase beyond the intermediate care bed capacity for the
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0022| mentally retarded that existed on January 1, 1998. No
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0023| intermediate care facility shall apply for a license except as
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0024| provided in Subsection B of this section.
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0025| B. Except as provided in Subsection C of this
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0001| section for transfers, the department may accept applications
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0002| for and issue licenses to currently licensed intermediate care
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0003| facilities for the mentally retarded on and after the earliest
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0004| of the following dates:
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0005| (1) July 1, 1999, provided that the secretary
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0006| of human services certifies to the secretary of health that
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0007| the human services department and the department of health
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0008| have approved and presented to the first session of the forty-
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0009| fourth legislature a plan to control the growth of
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0010| intermediate care facilities for the mentally retarded and to
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0011| establish the future role of intermediate care facilities for
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0012| the mentally retarded in the developmental disabilities
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0013| service system; or
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0014| (2) the date the secretary of health
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0015| certifies to the department of finance and administration that
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0016| an emergency exists that threatens the health and safety of
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0017| persons with developmental disabilities, but licenses issued
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0018| pursuant to this paragraph shall exceed the total statewide
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0019| bed capacity in intermediate care facilities for the mentally
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0020| retarded that existed on January 1, 1998.
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0021| C. Upon application, the department shall license
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0022| no more than eighty beds beyond the total of licensed and
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0023| operating intermediate care facilities for the mentally
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0024| retarded as of January 1, 1998 to currently licensed
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0025| intermediate care facilities for the mentally retarded for the
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0001| purposes of this subsection, provided that:
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0002| (1) the facilities are licensed to provide
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0003| sufficient beds and care for no more than four mentally
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0004| retarded persons per residence;
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0005| (2) the facilities include fiscal,
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0006| geographic, service and access criteria pursuant to rules
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0007| adopted by the department of health necessary to provide for
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0008| the needs of persons in need of those facilities;
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0009| (3) the facilities are in accordance with the
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0010| freedom of choice provisions of Title 19 of the Social
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0011| Security Act;
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0012| (4) the facilities are located no closer that
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0013| one hundred fifty feet from an existing intermediate care
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0014| facility for the mentally retarded, home for persons with
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0015| development disabilities or a nursing home; and
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0016| (5) eight of the eighty beds shall be exempt
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0017| from the provisions of Paragraphs (1) through (4) of this
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0018| subsection and are transferred to the Las Vegas medical center
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0019| by the department of health for the purposes of programs for
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0020| persons with development disabilities.
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0021| D. As used in this section, "intermediate care
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0022| facility for the mentally retarded" means any intermediate
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0023| care facility eligible for certification as an intermediate
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0024| care facility for the mentally retarded.
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0025| Section 2. DELAYED REPEAL.--Section 1 of this act is
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0001| repealed on July 1, 1999.
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0002| Section 3. EMERGENCY.--It is necessary for the public
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0003| peace, health and safety that this act take effect
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0004| immediately.
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0005|
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