SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE MEMORIAL 17

48th legislature - STATE OF NEW MEXICO - second session, 2008

A MEMORIAL

URGING CONTINUED AND MEANINGFUL DISCUSSION AND CONSIDERATION OF CONCERNS RAISED REGARDING THE DESIGN AND IMPLEMENTATION OF THE COORDINATED LONG-TERM SERVICES PROGRAM.

     WHEREAS, the human services department and the aging and long-term services department have plans to implement a new program of managed care for individuals receiving long-term services, known as the coordinated long-term services program, beginning on July 1, 2008; and

     WHEREAS, persons receiving services provided in the disabled and elderly waiver, the personal care option or nursing facilities would be required to receive all medical and long-term medicaid services through the coordinated long-term services program; and

     WHEREAS, concerns have been expressed by legislators, consumers, providers, advocates and other stakeholders about whether the coordinated long-term services program is designed and will be implemented in such a way as to achieve its stated goals, including:

          A. whether the number of home- and community-based waiver slots requested for coordinated long-term services will be adequate to increase significantly the number of people receiving community-based long-term services;

          B. whether existing eligibility rules will continue to limit access to community services in the program;

          C. how money follows the person will be implemented in the program;

          D. whether the capitated rates paid to the program's managed care organizations will be adequate to allow them to provide the services needed by individual enrollees;

          E. whether the program's rate structure will provide appropriate incentives to serve individuals in the community; and

          F. whether implementation of the program will succeed in reducing the waiting list and waiting times for community-based waiver services; and

     WHEREAS, the state should take significant steps to ensure that managed care organizations provide prompt and appropriate services to individuals who need long-term services; and

     WHEREAS, there has been limited involvement by the legislature in development of the program; and

     WHEREAS, advocates for seniors and persons with disabilities have expressed serious and legitimate concerns over whether the program, as designed, will increase access to long-term services in the community rather than in institutions;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the human services department and the aging and long-term services department address the concerns identified in this memorial prior to implementation of coordinated long-term services; and

     BE IT FURTHER RESOLVED that the two departments consult in a regular and meaningful way with representatives of providers and consumers on the design of the coordinated long-term services program; and

     BE IT FURTHER RESOLVED that the departments report regularly to the appropriate interim legislative committee concerned with health and human services and to the legislative finance committee on progress in addressing the issues set forth in this memorial; and

     BE IT FURTHER RESOLVED that the departments also regularly report on the numbers of clients in home- and community-based waiver services, persons receiving personal care option services, the numbers of persons in nursing homes and describe any other services provided through the coordinated long-term services program and the number of people receiving those services; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the chairs of the interim legislative finance and health and human services committees and to the secretaries of human services and aging and long-term services.

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