SB 203 — DEVELOPMENTAL DISABILITIES DATA

SENATEAN BILLACT 203RELATING 56THTO LEGISLATURELABOR; - STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Gerald Ortiz y Pino This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

TheREQUIRING documentTHE isDEPARTMENT aOF toolHEALTH toTO showCOLLECT amendmentsAND inREPORT contextDEMOGRAPHIC andAND cannotCOMPENSATION beDATA usedON forDEVELOPMENTAL theDISABILITIES purposeDIRECT ofSUPPORT addingPROVIDER amendmentsAGENCY toEMPLOYEES; legislation.

hAMENDING ANA SECTION OF THE DEVELOPMENTAL DISABILITIES ACT gREGARDING oTHE RELATINGDETERMINATION TOOF LABOR;RATES PAID FOR SUPPORT AND SERVICES.

REQUIRING9 THEBE DEPARTMENTIT OFENACTED HEALTHBY TOTHE tLEGISLATURE hrOF gTHE eSTATE iOF kNEW COLLECTMEXICO: AND REPORT DEMOGRAPHIC AND COMPENSATION DATA ON h r i s DEVELOPMENTAL DISABILITIES DIRECT SUPPORT PROVIDER AGENCY h , t, EMPLOYEES;

AMENDING A SECTION OF1. THE DEVELOPMENTAL DISABILITIES e u g e b l e e h ACT REGARDING THE DETERMINATION OF RATES PAID FOR SUPPORT AND n d d i = = o h SERVICES.

l ] b ,d i a º e r i = r t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

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b e d s º o t n = .223167.4AIC February 14, 2023 (9:38am) s k m e e a n e d r e l u [ A d SECTION 1.

and (2) monitors the provision of support and services received by a person with a developmental SB 203 Page 1 disability;

"comprehensive review and analysis" means the h g comprehensive review and analysis conducted pursuant to o t hr Subsection A of Section 28-16A-7 NMSA 1978;

g5 e i k D.

"council" means the developmental disabilities h r i s council;

h , t, e u g E.

e b l e e h F.

"diagnostic evaluation" means an empirical n d d i = = o h process that determines if, and to what degree, a person has a l ] b ,d i a º e r i = r developmental deficiency and the type of intervention and t e w d m a n o services that are needed for the person and that person's dfamily; m :

b e d s º o t n = .223167.4AIC February 14, 2023 (9:38am) s k m e - 2 - e a n e d r e l u [ A d family;

"direct support professional" means a non-non-administrative administrative employee SHPACºoror subcontractor»SHPACsubcontractor of a direct support provider agency who spends the majority of the employee's work hours providing supportive services to individuals with developmental disabilities living and working in the community;

(2) is reimbursed for services provided to SB 203 Page 2 persons through a developmental disabilities medicaid waiver program;

and (3) employs SHPACºoror subcontracts with»SHPACwith h g direct support professionals to provide services to persons o t hr with 5 developmental disabilities;

g e i k [G.] I.

"inclusive" means using the same community h r i s h resources that are used by and available to all citizens and , t, e u g developing relationships with nonpaid caregivers or recipients e b l e e h of support and services for persons with developmental n d d i = = o h disabilities;

l ] b ,d i a º e r i = r [H.] J.

"individual support and service plan" means ta eplan wdeveloped dby man interdisciplinary team and agreed to by a nperson owith a plandevelopmental developeddisability, or by ana parent of a minor or a legal guardian, as appropriate, that describes the combination and sequence of special, interdisciplinary teamor generic care, treatment or other support and agreedservices tothat are needed and desired by da mperson :with a developmental disability;

bK. e d s º o t n = .223167.4AIC February 14, 2023 (9:38am) s k m e - 3 - e a n e d r e l u [ A d a person with a developmental disability, or by a parent of a minor or a legal guardian, as appropriate, that describes the combination and sequence of special, interdisciplinary or generic care, treatment or other support and services that are needed and desired by a person with a developmental disability;

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[J.SB 203 Page 3 L.

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5 (b) communicate choices and exercise h g control over the type and intensity of services, supports and o t hr other assistance that an individual receives;

and g e i k (c) participate in, and contribute to, h r i s an individual's community;

h , t, e u g (2) the authority to control resources to e b l e e h obtain needed services, supports and other assistance;

and n d d i = = o h (3) support, including financial support, to l ] b ,d i a º e r i = r advocate for oneself and others, develop leadership skills tthrough etraining win dself-advocacy, mparticipate ain ncoalitions, oeducate throughpolicymakers trainingand inplay self-advocacy,a participaterole in coalitions,the ddevelopment mof :public policies that affect individuals with developmental disabilities;

b e d s º o t n = .223167.4AIC February 14, 2023 (9:38am) s k m e - 4 - e a n e d r e l u [ A d educate policymakers and playM. a role in the development of public policies that affect individuals with developmental disabilities;

and [K.

] M.

"[NEWSB MATERIAL]203 DATAPage 4 "DATA COLLECTION AND REPORTING.-- A.

By April 1, 2024 and annually thereafter, direct support provider agencies shall submit data, in a form approved by the department, from the previous calendar year 5 regarding direct support professionals that includes:

(1) the number of full- or part-time employees h g at any time during the year, the percentage of the year that o t hr the employees were employed and the total length of time that g e i k the employees had been employed as of the end of the year;

h r i s (2) disaggregated demographic information, h , t, e u g including age, gender, race and ethnicity, education level and e b l e e h work experience;

n d d i = = o h (3) employee wages paid;