Legislative Success For Disability Issues

But Health-Care Decisions Bill Vetoed

The 2003 regular legislative session maintained the integrity of the Medicaid program and still found some new money for disability programs. Most legislation favorable to people with disabilities passed, and most of what passed was signed into law by the governor. Some of the bills that have now become law include:

• S 839 Consumer Self-Direction. Sen. Rawson. Consumer-directed option required under any state disability program that provides attendant care services.
• S 823 Fiscal Intermediary Liability. Sen. Papen. Exempts fiscal intermediary agencies from legal liability for wrongful acts of attendants hired, trained and supervised by the consumer.
• S 822 Medicaid Drugs for Mental Illness. Sen. Papen. Exempts certain psychoactive medications from pre-authorization requirements under the Medicaid preferred drug formulary plan.H 416 Office of Guardianship Services. Rep. Paul Taylor. Moves the corporate guardianship program from the Attorney General to the DD Planning Council, and clarifies and strengthens its authority.H 501 (Sub for H 613) Workers' Comp Definition of Disability. Includes severe brain injury under the definition of "permanent total disability" in the workers' compensation program.
• S 301 Braille Access Act. Sen. Aragon. Requires textbook publishers to provide an electronic file version of any textbook sold in New Mexico, if needed for a student with visual impairments who cannot use a standard printed text.

Unfortunately - and with no explanation - the governor "pocket vetoed" SB 578, a bill by Senator Nava that would have amended the Uniform Health Care Decisions Act to provide more involvement by and protections for people with disabilities in health care decisions affecting them. The bill had passed unanimously in both the House and the Senate.

This year's state budget contains a number of funding increases for disability services, including:

• $2.5 million to DOH to serve people now on the waiting list for DD waiver services
• $850,000 to DOH to increase rates for State General Fund DD providers
• $500,000 to DOH for a new community mental health program in the Las Cruces area.
• $213,000 to Bernalillo County Metro Court for a mental health court
• $100,000 to the Department of Health for the TBI program of outreach and training, in order to continue the current HRSA-funded program.
• $100,000 to DVR for Independent Living services
• $50,000 to the Commission on the Deaf and Hard of Hearing for outreach programs.