SB 227 — INSURANCE TAX FOR SUBSTANCE USE DISORDER

SENATE FINANCE COMMITTEE SUBSTITUTE FOR SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE SUBSTITUTE FOR SENATE BILL 227 53RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION , 2018 4 6 8 10 AN ACT RELATING TO TAXATION;

DISTRIBUTINGIMPOSING AAN PORTIONANNUAL OF THE GROSS RECEIPTS TAX TOON SUPPORTLICENSED A NEW SUBSTANCE USEABUSE DISORDERASSOCIATES; RESPONSE FUND AND EACH COUNTY'S HEALTH CARE ASSISTANCE FUND;

e16 t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

we lt n17 d 18 SECTION 1.

A[NEW newMATERIAL section] ofSUBSTANCE theABUSE TaxASSOCIATE AdministrationTAX-- Actw isl n d 18 DISPOSITION.-- = = 19 a l enactedA. to read:

A tax to be known as the "substance abuse i a e r 20 "[NEWassociate MATERIAL]tax" DISTRIBUTION--SUBSTANCEis USEimposed DISORDERin the amount of three hundred a t m m 21 RESPONSEdollars FUND--HEALTH($300) CAREon ASSISTANCEevery FUNDS.--substance abuse associate licensed d r e 22 A.pursuant to Section 61-9A-14.1 NMSA 1978.

BeginningThe Julytax 1,shall 2018be and prior to July 1, c e s k 23 2022,paid ato distributionthe pursuantregulation toand Sectionlicensing 7-1-6.1department NMSAon 1978or before e a n b 24 shallJuly be1 made to the substance use disorder response fund in an u [ amount equal to fifty percent of theeach netyear. receipts attributable .210417.3 SCORC/SB 227 to the gross receipts tax paid on the sale of services performed by a licensed substance abuse associate that are within the scope of practice of that licensed substance abuse associate.

B.

Beginning July 1, 2018 and prior to July 1, 2022, a distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made in an amount equal to fifty percent of the net receipts attributable to the gross receipts tax paid on the sale of services performed by a licensed substance abuse associate that are within the scope of practice of that licensed substance abuse associate, to be distributed in equal parts to each health care assistance fund." SECTION 2.

A new section of the Public Assistance Act is enacted to read:

"[NEW MATERIAL] SUBSTANCE USE DISORDER RESPONSE PLAN-- LICENSED SUBSTANCE ABUSE ASSISTANTS--REPORTING.-- e e 17 A.

The secretary, in cooperation with medical e e n d 18 assistance contractors, shall devise a substance use disorder = = l ] 19 response plan that identifies policies for increasing the a l r i 20 supply of behavioral health workforce trained in substance use t e a t disorder treatment statewide and for funding a robust response m m 21 e d statewide to the demand for timely, evidence-based substance r e 22 c e r c 23 use disorder services for medical assistance recipients e a n b 24 statewide.

AsProceeds partfrom of the substance useabuse disorderassociate responsetax .210417.3.210641.2 -SFC/SCORC/SB 2 - SCORC/SB 227 plan, the secretary shall adopt and promulgate rules to allow a substance abuse associate licensed in accordance with the Counseling and Therapy Practice Act to be reimbursedtransferred foras thefollows: following services provided to medical assistance recipients:

(1) providingfifty interventionspercent directly to individuals,the couples,substance familiesuse anddisorder groups;response fund;

and (2) employingfifty practicepercent theoryin andequal researchparts findings;to each health care assistance fund.

SECTION 2.

A new section of the Public Assistance Act is enacted to read:

"[NEW MATERIAL] SUBSTANCE USE DISORDER RESPONSE PLAN-- LICENSED SUBSTANCE ABUSE ASSISTANTS--REPORTING.-- A.

The secretary, in cooperation with medical assistance contractors, shall devise a substance use disorder response plan that identifies policies for increasing the supply of behavioral health workforce trained in substance use disorder treatment statewide and for funding a robust response statewide to the demand for timely, evidence-based substance use disorder services for medical assistance recipients e e 17 statewide.

e e n d 18 B.

As part of the substance use disorder response = = l ] 19 plan, the secretary shall adopt and promulgate rules to allow a a l r i 20 substance abuse associate licensed in accordance with the t e a t Counseling and Therapy Practice Act to be reimbursed for the m m 21 e d following services provided to medical assistance recipients:

r e 22 c e r c 23 (1) providing interventions directly to e a n b 24 individuals, couples, families and groups;

u [ (2) employing practice theory and research .210641.2 - 2 - SFC/SCORC/SB 227 findings;

and e e 17 (6) conducting a home study." e e n d 18 SECTION 3.

Section 27-5-7 NMSA 1978 (being Laws 1965, = = l ] 19 Chapter 234, Section 7, as amended) is amended to read:

a l r i 20 "27-5-7.

HEALTH CARE ASSISTANCE FUND.-- t e a t A.

There is created in the county treasury of each m m 21 e d county a "health care assistance fund".

r e 22 c e r c 23 B.

Collections under the levy made pursuant to the e ae n17 b 24 Indigent Hospital and County Health Care Act, distributionsproceeds ufrom [ made to the funde ine accordancen withd the18 provisionssubstance ofabuse .210417.3associate -tax 3 - SCORC/SB 227 Subsection B of Section 1 of this 2018 act and all payments shall be placed = = l ] 19 into the fund, and the amount placed in the fund shall be a l r i 20 budgeted and expended only for the purposes specified in the t e a t Indigent Hospital and County Health Care Act, by warrant upon m m 21 e d vouchers approved by the county.

Payments for indigent r e 22 c e r c 23 hospitalizations shall not be made from any other county fund.

e a n b 24 C.

The fund shall be audited in the manner that u [ other state and county funds are audited, and all records of .210641.2 - 3 - SFC/SCORC/SB 227 payments and verified statements of qualification upon which payments were made from the fund shall be open to the public.

e e 17 E.

Money may be transferred to the fund from other e e n d 18 sources, but no transfers may be made from the fund for any = = l ] 19 purpose other than those specified in the Indigent Hospital and a l r i 20 County Health Care Act." t e a t SECTION 4.

[NEW MATERIAL ] SUBSTANCE USE DISORDER RESPONSE m m 21 e d FUND--CREATION--DISTRIBUTIONS--APPROPRIATION.--The "substance r e 22 c e r c 23 use disorder response fund" is created in the state treasury.

e a n b 24 The fund shall consist of distributionsdistributions; in accordance with the u [ provisions of Subsection A of Section 1 of this 2018 act;

.210417.3 - 4 - SCORC/SB 227 appropriations;

and bequests made to the e e 17 fund.

Money in the fund is appropriated to the human services e e n d 18 department to fund the substance use disorder response plan = = l ] 19 established pursuant to Section 2 of this 2018 act.