Proposed legislation crafted to help house and care for thousands of New Mexicans with serious mental illness, substance use disorders and/or brain injuries is scheduled to face its first test in Santa Fe this week when it appears before its first committee.
Advocates say the idea will help a population in crisis — which includes many experiencing homelessness — receive the treatment and services they need as an alternative to more expensive institutionalization or incarceration.
House Bill 70 creates a behavioral health Medicaid waiver (BH waiver) similar to an existing one for those with developmental disabilities, known as the DD waiver, which has about 7,900 enrollees. The BH waiver would allow individuals to enter group or family home arrangements with 24/7 support and wraparound services. Under the proposal, a family member or a foster family, receives a monthly stipend to provide care.
Supporters say the plan is more effective than “coercive or forced” treatments.
“If this bill is enacted, it would be a game changer for reducing homelessness, premature death, crime, and needless incarceration among New Mexico’s most disabled citizens,” Albuquerque attorney Peter Cubra said.
Cubra is a key player behind the momentum for the bill. He said it’s the most important initiative he’s been involved in over a 40 year career representing and advocating for those with disabilities.
The bill also has the support of arguably the most experienced behavioral health official in the state — Wayne W. Lindstrom. Lindstrom is Bernalillo County’s deputy county manager for behavioral health and was previously director of the state’s Behavioral Health Services Division and CEO of the state’s Behavioral Health Collaborative.
“I support this as an innovation that, since I’ve been in this business over 53 years, would provide a much more intensive level of wraparound services for this unique set of individuals,” Lindstrom said.
Lindstrom has assisted officials in municipalities, counties and states across the country to set up behavioral health crisis response systems.
“This would open up a host of community services and supports that this population traditionally hasn’t had access to,” he said. “I think it has the potential to stop this revolving door, not only in emergency rooms, but also in the criminal justice system.”
HB 70 directs $1.1 million to the state’s Health Care Authority to develop a BH waiver application to the federal Centers for Medicare & Medicaid Services for authorization to operate the program. Once fully in place, about 75% of the program’s cost would be absorbed by the federal government, with the remainder funded by the state.
‘Behavioral health session’
The bill is sponsored by Rep. Tara Lujan, D-Santa Fe, who said the issue is personal for her. She said her now 22-year-old son who has had spectrum disorder since he was a young child lost access to services after a behavioral health shakeup by the Gov. Susana Martinez administration in 2013.
“It was a direct impact for us, as well as others in all the nonprofits and organizations that were doing the work — that were the behavioral health specialists,” Lujan said. “It was devastating to our entire state.”
Lujan said development of the BH waiver would help restore some of what has been lost.
“This is our behavioral health session,” she said. “I’ve been getting nothing but support from my colleagues, nothing but support from advocates. It has heavy, heavy support.”
Efforts by City Desk ABQ to reach Gov. Michelle Lujan Grisham for comment on the proposed legislation have not been successful. If approved by lawmakers and signed by the governor, Cubra said it would likely take two to three years to get approvals from the Centers for Medicaid & Medicare Services.
The bill is scheduled to appear before the House Health & Human Services Committee on Wednesday at 8:30 a.m. If it passes, the bill would advance to the House Appropriations and Finance committee for consideration, before going to the House floor.
Wednesday’s committee hearing will be available to livestream here. To read the text of the bill and to track it, click here.