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SENATE BILL 558
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Pete Campos
AN ACT
RELATING TO HEALTH CARE; REQUIRING THE HEALTH CARE AUTHORITY TO
SUBMIT AN APPLICATION TO THE FEDERAL CENTERS FOR MEDICARE AND
MEDICAID SERVICES TO DEVELOP A HOME-BASED HEALTH CARE MEDICAID
WAIVER PROGRAM FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR
OLDER AND DIAGNOSED WITH A CHRONIC DEBILITATING DISEASE; MAKING
AN APPROPRIATION; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public Assistance Act is
enacted to read:
"[NEW MATERIAL] HOME-BASED HEALTH CARE MEDICAID WAIVER.--
A. As used in this section:
(1) "chronic debilitating disease" means a
disease that persists over a long period of time, impairs a
person's physical or mental abilities and significantly impacts
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a person's quality of life; and
(2) "home-based health care" means health care
services provided to a person in the person's home or place of
residence. "Home-based health care" includes the following
services provided in a person's home or place of residence:
(a) skilled nursing;
(b) home health aide services;
(c) palliative care;
(d) primary care;
(e) personal care services;
(f) in-home respite care;
(g) physical therapy;
(h) occupational therapy;
(i) speech therapy; and
(j) non-emergency medical
transportation.
B. No later than August 1, 2025, the authority
shall submit an application to the federal centers for medicare
and medicaid services for authorization to develop and
implement a medicaid waiver program that would provide home-
based health care services to individuals who are sixty-five
years of age or older and diagnosed with a chronic debilitating
disease. If the federal centers for medicare and medicaid
services approves the waiver application, the authority shall
promulgate rules to implement and administer the waiver
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program, subject to the availability of state funds and
consistent with the federal Social Security Act. The rules
shall:
(1) be developed in consultation with persons
with chronic debilitating diseases and health care providers;
(2) create an application process to allow
people to apply to participate in the waiver program; and
(3) provide for a system of home-based health
care services that seniors with chronic debilitating diseases
can access."
SECTION 2. APPROPRIATION.--Two million dollars
($2,000,000) is appropriated from the general fund to the
health care authority for expenditure in fiscal years 2025 and
2026 to develop a waiver application for a home-based health
care program for people who are sixty-five years of age or
older and diagnosed with a chronic debilitating disease. Any
unexpended or unencumbered balance remaining at the end of
fiscal year 2026 shall revert to the general fund.
SECTION 3. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.
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