A proposal to stabilize scores of New Mexicans at risk of institutionalization or jail due to severe mental health issues has bounced around the Homeless Coordinating Council’s (HCC) agenda for months: Should the group vote on whether to endorse what is now proposed state legislation before University of New Mexico Health System representatives weigh in? 

The “Behavioral Health Medicaid Waiver Act” is set for lawmakers to consider at the 60-day legislative session that begins Jan. 21 in Santa Fe.

House Bill 70 would fund a $1.1 million first phase toward providing housing and care for thousands of the state’s residents with behavioral health issues, substance use disorders and/or brain injuries who often face institutionalization or incarceration because they are unable to handle their own affairs.

The measure is sponsored by Rep. Tara L. Lujan, D-Santa Fe, and supported by the Bernalillo County Commission and members of the HCC (which include people at the city and county, UNM Health Sciences Center, Veterans Affairs and Native American advocacy groups, among others). The delay in securing a stance from UNM Health System reps caused frustration at Tuesday’s HCC meeting. The group doesn’t meet again until Feb. 11 — 21 days into the session.

“That’s why we really needed Dr. [Michael] Richards [here] today so that we can make a decision as a group if we were going to support [it],” Albuquerque City Councilor Nichole Rogers, the HCC’s vice chair, said. “We’ve given them several opportunities. It’s an imperative that we have this vote prior to the legislative session.”

Richards is interim executive vice president of the UNM Health Sciences Center and interim CEO of UNM Health System. City Desk ABQ reached out to his representatives for comment Tuesday.

“UNM’s decision to not take a position on HB70 has nothing to do with the merits of the bill, but rather stems from the nature of UNM Health’s relationship with the New Mexico Healthcare Authority,” spokesperson Chris Ramirez, said in an email. “As written, HB70 directs the New Mexico Healthcare Authority to take certain actions. As New Mexico’s public health care delivery system, we do not believe it is appropriate for us to assert any type of direction on the New Mexico Healthcare Authority.”

HB 70 would require the New Mexico Health Care Authority to apply for the behavioral health Medicaid waiver, which is modeled on an existing program already in place in the state for those with intellectual and developmental disabilities, known as the DD waiver.

Albuquerque attorney Peter Cubra is the force behind the initiative and the legislation. He said those who the waiver would help frequently put a strain on public resources, because they cycle through hospitals, detox facilities, courts and jails without receiving more effective services. Many are experiencing homelessness and are living on the streets or within the shelter system.

“In my opinion, no one who truly cares about improving the health care services provided to people with serious mental illness could oppose this initiative, which would merely give people with behavioral health disabilities a program comparable to the one New Mexico has been providing to people with developmental disabilities since 1984,” Cubra, who has represented those with disabilities for 40 years, said Wednesday.

Cubra also stressed the cost effectiveness of the behavioral health waiver for state and local governments — the federal government would pay almost 75% of costs — which it currently does under the DD waiver. 

The $1.1 million that HB70 secures in startup money from the Legislature would pay for an initial phase of consulting, technical assistance, employee training and to build interest from provider agencies. If approved by lawmakers and Gov. Michelle Lujan Grisham, Cubra says it would likely take two to three years to get approvals from the Centers for Medicaid & Medicare Services.

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