New Mexico 2025 Regular Session Status: In Committee 5 D cosponsors

HB 70 — BEHAVIORAL HEALTH MEDICAID WAIVER ACT

Last action — action postponed indefinitely

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

166 added · 158 removed

Plain-language change summary

The updated version of the bill now includes a specific title, the "Behavioral Health Medicaid Waiver Act," which was not present in the original. Additionally, the term "behavioral health condition" has replaced "behavioral health disability" to clarify the focus of the act. This change is significant because it broadens the scope of conditions addressed, potentially helping more individuals in need of behavioral health support under Medicaid.

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HOUSE BILL 70 57 TH LEGISLATUR- STATE OF NEW MEXICO - FIRST SESSIO, 2025 INTRODUCED BY Tara L.
HOUSE APPROPRIATIONS AND FINANCE COMMITTEE SUBSTITUTE FOR HOUSE BILL 70 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 4 6 8 10 AN ACT RELATING TO HEALTH CARE;
Lujan and Meredith A.
ENACTING THE BEHAVIORAL HEALTH MEDICAID WAIVER ACT.
Dixon and Reena Szczepanski and Dayan Hochman-Vigil and Marian Matthews 7 9 AN ACT RELATING TO HEALTH CARE;
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
ENACTING THE BEHAVIORAL HEALTH MEDICAID WAIVER ACT;
MAKING AN APPROPRIATION;
DECLARING AN EMERGENCY.
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
[NEW MATERIAL] SHORT TITLE.--This act may be e t 17 cited as the "Behavioral Health Medicaid Waiver Act".
[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Behavioral Health Medicaid Waiver Act".
w l n d 18 SECTION 2.
e t 17 SECTION 2.
[NEW MATERIAL] DEFINITIONS.--As used in the = = 19 a l Behavioral Health Medicaid Waiver Act:
[NEW MATERIAL] DEFINITIONS.--As used in the w l n d 18 Behavioral Health Medicaid Waiver Act:
i a e r 20 A.
= = 19 a l A.
"behavioral health disability" means serious a t m m 21 mental illness, serious emotional disturbance, substance use d r e 22 disorder or brain injury whenever that condition:
"behavioral health condition" means serious i a e r 20 mental illness, serious emotional disturbance, substance use a t m m 21 disorder or brain injury whenever that condition:
c e s k 23 (1) substantially impairs a person's ability e a n b 24 to manage the person's own affairs;
d r e 22 (1) substantially impairs a person's ability c e s k 23 to manage the person's own affairs;
or u [ (2) makes a person eligible to receive .229326.3 disability benefits from New Mexico or the federal government;
or e a n b 24 (2) makes a person eligible to receive u [ disability benefits from New Mexico or the federal government;
B.
.231697.3 HAFC/HB 70 B.
or (10) an event that results in either temporary or permanent, partial or total impairment in one or more areas e t 17 of the brain that results in total or partial functional w l n d 18 disability, including:
or (10) an event that results in either temporary or permanent, partial or total impairment in one or more areas of the brain that results in total or partial functional e t 17 disability, including:
= = 19 a l (a) cognition;
w l n d 18 (a) cognition;
i a e r 20 (b) language;
= = 19 (b) language;
a t m m 21 (c) memory;
a l i a e r 20 (c) memory;
d r e 22 (d) attention;
a t m m 21 (d) attention;
c e s k 23 (e) reasoning;
d r e 22 (e) reasoning;
e a n b 24 (f) abstract thinking;
c e s k 23 (f) abstract thinking;
u [ (g) judgment;
e a n b 24 (g) judgment;
.229326.3 - 2 - (h) problem solving;
u [ (h) problem solving;
(i) sensory perception and motor abilities;
.231697.3 - 2 - HAFC/HB 70 (i) sensory perception and motor abilities;
"serious emotional disturbance" means a diagnosable mental, behavioral or emotional disorder in a person under the age of eighteen years and of sufficient duration to meet diagnostic criteria that results in functional impairment that substantially interferes with or limits the person's role or functioning in family, school or community activities;
"eligible person" means a person that the health care authority has determined is eligible to receive support and services to treat the person's behavioral health condition;
"serious mental illness" means a diagnosable mental, behavioral or emotional disorder in a person eighteen e t 17 years of age or older of sufficient duration to meet diagnostic w l n d 18 criteria that results in functional impairment that = = 19 a l substantially interferes with or limits one or more major life i a e r 20 activities;
"serious emotional disturbance" means a diagnosable mental, behavioral or emotional disorder in a person under the age of eighteen years and of sufficient duration to meet diagnostic criteria that results in functional impairment that substantially interferes with or limits the person's role or functioning in family, school or community activities;
and a t m m 21 E.
e t 17 E.
"substance use disorder" means dependence on or d r e 22 abuse of alcohol, illicit drugs or psychotherapeutics, c e s k 23 including prescription pain relievers, sedatives, tranquilizers e a n b 24 or stimulants, in the past twelve months based on assessments u [ of individual diagnostic criteria from the current edition of .229326.3 - 3 - the Diagnostic and Statistical Manual of Mental Disorders published by the American psychiatric association.
"serious mental illness" means a diagnosable w l n d 18 mental, behavioral or emotional disorder in a person eighteen = = 19 years of age or older of sufficient duration to meet diagnostic a l i a e r 20 criteria that results in functional impairment that a t m m 21 substantially interferes with or limits one or more major life d r e 22 activities;
and c e s k 23 F.
"substance use disorder" means dependence on or e a n b 24 misuse of alcohol, illicit drugs or psychotherapeutics, u [ including prescription pain relievers, sedatives, tranquilizers .231697.3 - 3 - HAFC/HB 70 or stimulants, within the past twelve months based on assessments of individual diagnostic criteria from the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American psychiatric association.
[NEW MATERIAL] HEALTH CARE AUTHORITY DUTIES-- PERSONS WITH BEHAVIORAL HEALTH DISABILITIES.-- A.
[NEW MATERIAL] HEALTH CARE AUTHORITY DUTIES-- PERSONS WITH BEHAVIORAL HEALTH CONDITIONS.-- A.
Subject to the availability of appropriations provided expressly for this purpose, the health care authority shall:
Subject to approval by the federal centers for medicare and medicaid services and the availability of appropriations provided expressly for this purpose, the health care authority shall:
(1) acquire, provide or coordinate support and services for persons with behavioral health disabilities;
(1) acquire, provide or coordinate support and services for persons with behavioral health conditions through a medicaid waiver program that provides home- and community- based services and supports;
(2) enter into contracts and provider agreements with agencies and persons capable of providing support and services to persons with behavioral health disabilities;
(2) enter into contracts and provider agreements with agencies and persons capable of providing e t 17 support and services to eligible persons with behavioral health w l n d 18 conditions;
and (3) establish advisory councils and task forces as necessary to guide the development of and to review the operation of support and services to persons with e t 17 behavioral health disabilities.
and = = 19 (3) establish advisory councils and task a l i a e r 20 forces as necessary to guide the development of and to review a t m m 21 the operation of support and services to eligible persons with d r e 22 behavioral health conditions.
w l n d 18 B.
c e s k 23 B.
Support and services shall be provided by the = = 19 a l health care authority based on individual support and service i a e r 20 plans developed by an interdisciplinary team.
Support and services shall be provided to e a n b 24 eligible persons with behavioral health conditions based on u [ individual support and service plans developed by an .231697.3 - 4 - HAFC/HB 70 interdisciplinary team.
The team is a t m m 21 responsible for collectively evaluating a person's needs and d r e 22 developing an individual support and service plan to meet the c e s k 23 needs.
The team is responsible for collectively evaluating a person's behavioral health needs and developing an individual support and service plan to meet the needs.
e a n b 24 C.
C.
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u [ (1) solicit the involvement of persons with .229326.3 - 4 - behavioral health disabilities and their family members, providers, parents, professional organizations and other governmental organizations prior to the adoption or revision of rules concerning the provision of support, services, standards or funding systems;
(1) solicit the involvement of persons with behavioral health conditions and their family members, providers, parents, professional organizations and other governmental organizations prior to the adoption or revision of rules concerning the provision of support, services, standards or funding systems;
and (2) develop rules, including policies and procedures that, to the extent possible, promote uniformity in reimbursement and quality assurance systems regardless of the source of funding.
and (2) develop rules that:
SECTION 4.
(a) to the extent possible, promote e t 17 uniformity in reimbursement and quality assurance systems w l n d 18 regardless of the source of funding;
[NEW MATERIAL] TEMPORARY PROVISION--DUTIES OF HEALTH CARE AUTHORITY--MEDICAID WAIVER PROGRAM.-- A.
= = 19 (b) establish the types of supports and a l i a e r 20 services that are provided to eligible persons with behavioral a t m m 21 health conditions;
The health care authority shall immediately conduct monthly meetings with persons with behavioral health e t 17 disabilities and their family members, providers of behavioral w l n d 18 health services, the university of New Mexico, advocates for = = 19 a l persons with behavioral health disabilities and county and i a e r 20 municipal officials who are serving persons with behavioral a t m m 21 health disabilities to determine the best way to apply to the d r e 22 federal centers for medicare and medicaid services for c e s k 23 authorization to operate a medicaid waiver program for persons e a n b 24 with behavioral health disabilities.
and d r e 22 (c) establish eligibility criteria for c e s k 23 receiving support and services to treat behavioral health e a n b 24 conditions.
The meetings shall u [ continue until the health care authority has submitted an .229326.3 - 5 - application to the federal centers for medicare and medicaid services for authorization to operate a medicaid waiver program for residents of New Mexico with behavioral health disabilities.
u [ SECTION 4.
B.
[NEW MATERIAL] TEMPORARY PROVISION--DUTIES OF .231697.3 - 5 - HAFC/HB 70 HEALTH CARE AUTHORITY--MEDICAID WAIVER PROGRAM.-- A.
The health care authority shall retain a consulting entity to assist the health care authority in the development of an application to the federal centers for medicare and medicaid services for authorization to operate a medicaid waiver program for persons with behavioral health disabilities.
Beginning July 2025, the health care authority shall conduct monthly meetings with persons with behavioral health conditions and their family members, providers of behavioral health services, the university of New Mexico, advocates for persons with behavioral health conditions and county and municipal officials who are serving persons with behavioral health conditions to develop an application to be submitted to the federal centers for medicare and medicaid services for authorization to operate a medicaid waiver program for persons with behavioral health conditions.
The meetings shall:
(1) be used to consider:
(a) the scope of services that will be available under the medicaid waiver program;
and (b) eligibility requirements for persons e t 17 who apply to participate in the medicaid waiver program;
and w l n d 18 (2) continue until the health care authority = = 19 has submitted an application to the federal centers for a l i a e r 20 medicare and medicaid services for authorization to operate a a t m m 21 medicaid waiver program for residents of New Mexico with d r e 22 behavioral health conditions.
c e s k 23 B.
The health care authority may retain a e a n b 24 consulting entity to assist the health care authority in the u [ development of an application to the federal centers for .231697.3 - 6 - HAFC/HB 70 medicare and medicaid services for authorization to operate a medicaid waiver program that provides home- and community-based services and supports for persons with behavioral health conditions.
No later than December 31, 2025, the health care authority shall submit an application to the federal centers for medicare and medicaid services for authorization to operate a medicaid waiver program for persons with behavioral health disabilities, seeking authorization to operate a medicaid waiver program for persons with behavioral health disabilities e t 17 that is comparable to New Mexico's home and community-based w l n d 18 medicaid waiver programs for persons with developmental = = 19 a l disabilities.
No later than July 1, 2026, the health care authority shall submit an application to the federal centers for medicare and medicaid services for authorization to operate a medicaid waiver program that provides home- and community- based services and supports.
i a e r 20 SECTION 5.
- 7 - 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .231697.3
APPROPRIATION.--One million one hundred a t m m 21 thousand dollars ($1,100,000) is appropriated from the general d r e 22 fund to the health care authority for expenditure in fiscal c e s k 23 years 2026 and 2027 to retain a qualified consultant to guide e a n b 24 the health care authority in the development of an application u [ to the federal government for the creation of a behavioral .229326.3 - 6 - health medicaid waiver program and to hire four full-time employees to work exclusively to develop and submit the application for a medicaid waiver program.
Any unexpended or unencumbered balance remaining at the end of fiscal year 2027 shall revert to the general fund.
SECTION 6.
EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
- 7 - 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229326.3
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Action History

  1. action postponed indefinitely

  2. DO NOT PASS, replaced with committee substitute

  3. DO PASS committee report adopted

  4. Sent to House Health & Human Services Committee & House Appropriations & Finance Committee

  5. Sent to House Pre-file

Sponsors

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 107 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (107)

107 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors HB 70?
HB 70 is sponsored by Marian Matthews (Democrat), Dayan Hochman-Vigil (Democrat), Reena Szczepanski (Democrat), Meredith A. Dixon (Democrat), and Tara L. Lujan (Democrat).
What is the current status of HB 70?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 70?
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