SB 190 — DEV DISABILITIES PLANNING COUNCIL

"service provider" means a nonprofit corporation, tribal government or [trival] tribal organization, unit of local government or other organization that has entered into a contract or provider agreement with the department for e t 17 the purpose of providing developmental disabilities support and wK. l n d 18 services." = = 19 SECTION 4.

Section"service 28-16A-4provider" NMSAmeans 1978a (beingnonprofit Lawscorporation, 1993,tribal agovernment lor itribal organization, unit of local government or other organization that has entered into a econtract ror 20provider Chapteragreement 50,with Sectionthe 4)department isfor amendedthe topurpose read:of providing developmental disabilities support and services." SECTION 4.

aSection t28-16A-4 mNMSA m1978 21(being "28-16A-4.Laws 1993, Chapter 50, Section 4) is amended to read:

DEVELOPMENTAL"28-16A-4. DISABILITIES [PLANNING] d r e 22 COUNCIL--CREATION--MEMBERSHIP--TERMS.-- c e s k 23 A.

TheDEVELOPMENTAL "developmentalDISABILITIES disabilitiesCOUNCIL-- [planning]CREATION--MEMBERSHIP--TERMS.-- eA. a n b 24 council" is created in accordance with the federal u [ Developmental Disabilities Assistance and Bill of Rights Act.

.220593.1 - 5 - SJC/SHPAC/SB 190 The [developmental"developmental disabilities planning]council" councilis shallcreated bein anaccordance adjunctwith agencythe asfederal providedDevelopmental inDisabilities theAssistance Executiveand ReorganizationBill of Rights Act.

The council shall be an adjunct agency as provided in the Executive Reorganization Act.

The [developmental disabilities planning] council shall consist of no fewer than [eighteen]SJC/SHPAC/SB 190 Page 4 twenty-five membersmembers, [atat least halfsixty percent of whom shall bebe: persons with developmental disabilities or parents, immediate relatives or legal guardians of persons with developmental disabilities].

The(1) [developmentalindividuals disabilitieswith planning]developmental councildisabilities; shall include:

(1)(2) members,parents provided that no member shall be an employee, or someone who manages employees, of a state agency that receives funds to provide developmental disabilities supports and services, comprising at least sixty percent of the council's membership, one-third of whom are individuals with developmental disabilities, one-third of whom are parents, immediate relatives or legal guardians of e t 17 individuals with developmental disabilities and one-third of w l n d 18 whom are a combination of individuals with developmental = = 19 disabilities, parents or guardians of children with a l i a e r 20 developmental disabilitiesdisabilities; or immediate relatives or guardians a t m m 21 of adults with mentally impairing developmental disabilities d r e 22 who cannot advocate for themselves, including at least one c e s k 23 individual who shall be:

eor a(3) n b 24 (a) the immediate relativerelatives or guardianguardians u [ of anadults individual with amentally impairing developmental disabilitydisabilities who residescannot oradvocate .220593.1for -themselves. 6 - SJC/SHPAC/SB 190 previously resided in an institution;

or (b) an individual with a developmental disability who resides or previously resided in an institution;

[(1)] (2) the secretary of health, or [his] the secretary's designee;

[(2)] (3) the secretary of human services, or [his] the secretary's designee;

[(3)] (4) the secretary of children, youth and families, or [his] the secretary's designee;

[(4)] (5) the [director] secretary of [the state agency on aging, or his] aging and long-term services, or the secretary's designee;

[(5) two directors from the state department of] (6) the secretary of public education;

[including the vocational rehabilitation division] e t 17 (7) the director of the vocational w l n d 18 rehabilitation division of the public education department;

= = 19 [(6)] (8) the director of the state protection a l i a e r 20 and advocacy system established pursuant to the federal a t m m 21 Developmental Disabilities Assistance and Bill of Rights Act;

d r e 22 [(7) representatives of institutions of post- c e s k 23 secondary education;

e a n b 24 (8) representatives of each program u [ established within institutions of post-secondary education .220593.1 - 7 - SJC/SHPAC/SB 190 pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act and (9) representatives of local government agencies, nongovernment agencies or nonprofit groups concerned with services to persons with developmental disabilities, including a service provider] (9) the director of any entity within a state institution of higher education designated as a university center for excellence in developmental disabilities education, research and service;

and (10) at all times, representatives of local and nongovernmental agencies and private nonprofit groups concerned with services for individuals with developmental disabilities in New Mexico.

TheOf governor shall select the memberssixty ofpercent the council for appointment pursuant to Paragraphs (1) and (10) of emembers tdescribed 17in Subsection B of this sectionsection, afterone-third solicitingshall recommendationsbe windividuals lwith ndevelopmental ddisabilities, 18one-third fromshall organizationsbe representingmembers adescribed broadin rangeParagraphs of(2) individualsand =(3) =of 19Subsection withB developmentalof disabilitiesthis section and individualsone-third interestedshall inbe a lcombination iof amembers edescribed rin 20Subsection individualsB withof developmentalthis disabilities.section.

TheAt councilleast may,one amember tdescribed min mSubsection 21B atof thethis initiativesection ofshall thebe councilan orimmediate atrelative theor requestguardian of thean dindividual rwho eresides 22or governor,previously coordinateresided councilin andan publicinstitution inputor toshall thebe governoran cindividual ewith sa kdevelopmental 23disability regardingwho allresides recommendations.or previously resided in an institution.

eNo member of the council shall be an employee, or someone who manages employees, of a nstate bagency 24that D.receives funds to provide developmental disabilities supports and services.

TheD. membership of the council shall be u [ geographically representative of the state and reflect the .220593.1 - 8 - SJC/SHPAC/SB 190 diversity of the state with respect to race and ethnicity.

[C.]The E.council shall also include:

Members,(1) exceptthe forsecretary ex-officioof members,health, shallor be appointed by the governorsecretary's fordesignee; terms of three years.

SJC/SHPAC/SB 190 Page 5 (2) the secretary of human services, or the secretary's designee;

(3) the secretary of children, youth and families, or the secretary's designee;

(4) the secretary of aging and long-term services, or the secretary's designee;

(5) the secretary of public education, or the secretary's designee;

(6) the director of the vocational rehabilitation division of the public education department, or the director's designee;

(7) the director of the state protection and advocacy system established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 1990, or the director's designee;

(8) the director of an entity within a state institution of higher education designated as a university center for excellence in developmental disabilities education, research and service;

and (9) at all times, representatives of local and nongovernmental agencies and private nonprofit groups concerned with services for individuals with developmental disabilities in New Mexico.

E.

The governor shall select the members of the council for appointment pursuant to Subsection B and SJC/SHPAC/SB 190 Page 6 Paragraph (9) of Subsection D of this section after soliciting recommendations from organizations representing a broad range of individuals with developmental disabilities and individuals interested in individuals with developmental disabilities.

The council may, at the initiative of the council or at the request of the governor, coordinate council and public input to the governor regarding all recommendations.

The membership of the council shall be geographically representative of the state and reflect the diversity of the state with respect to race and ethnicity.

G.

Members, except for ex-officio members, shall be appointed by the governor for terms of three years.

H.

G.I.

H.J.

The council shall ensure that no council SJC/SHPAC/SB 190 Page 7 member casts a vote on any matter that would provide direct financial e t 17 benefit to the member or otherwise give the appearance of a w l n d 18 conflict of interest." = = 19 SECTION 5.

Section 28-16A-5 NMSA 1978 (being Laws 1993, a l i a e r 20 Chapter 50, Section 5) is amended to read:

a t m m 21 "28-16A-5.

POWERS AND DUTIES.-- d r e 22 A.

The [developmental disabilities planning] c e s k 23 council shall:

e(1) aprovide nstatewide badvocacy 24 [(1) act as a planning and coordinating body u [ for persons with developmental disabilities;

.220593.1(2) -develop 9and -submit SJC/SHPAC/SBto 190the (2)]federal (1)government providethe statewidefive-year advocacyplan [systems] for personscouncil withactivities developmentaland disabilities;any amendments to the plan;

[(3)(3) work with appropriate state agencies to develop the developmentalmaximum disabilitiesextent three-yearfeasible, planreview asand requiredcomment byon theall federalstate Developmentalplans Disabilitiesthat Assistancerelate andto Billprograms ofaffecting Rightspersons Act;with developmental disabilities;

(4) monitorsubmit andto evaluate the implementationsecretary of the developmentalUnited disabilitiesStates statedepartment plan;]of (2)health develop and submithuman toservices, through the federaloffice governmentof the five-yeargovernor, planperiodic forreports councilthat activitiesthe andsecretary anymay amendmentsrequest; to the plan;

[(5)](5) (3)advise to the maximumgovernor extent feasible, review and commentthe onlegislature allabout statethe plansneeds thatof relate to programs affecting persons with developmental disabilities;

[(6)](6) (4)hold submitall tocouncil themeetings secretarywith ofa thevideo Unitedconference Statesoption; department of health and human services, through e t 17 the office of the governor, periodic reports that the secretary w l n d 18 may request;

=and =(7) 19carry [(7)]out (5)any adviseother theactivities governorauthorized andor therequired aby lthe iprovisions aof ethe rfederal 20SJC/SHPAC/SB legislature190 aboutPage the8 needsDevelopmental ofDisabilities personsAssistance withand developmentalBill aof tRights mAct mof 212000. disabilities;

d r e 22 (6) hold all council meetings via video c e s k 23 conference;

and e a n b 24 [(8)] (7) carry out any other activities u [ authorized or required by the provisions of the federal .220593.1 - 10 - SJC/SHPAC/SB 190 Developmental Disabilities Assistance and Bill of Rights Act of 2000.

The [developmental disabilities planning] council is authorized to:

and (4) provide training to persons with developmental disabilities, their families and providers of support and services through traineeships, sponsoring training opportunities and by other means determined appropriate by the [developmental disabilities planning] council." SECTION 6.

Section 28-16A-6 NMSA 1978 (being Laws 1993, e t 17 Chapter 50, Section 6) is amended to read:

w l n d 18 "28-16A-6.

ELIGIBILITY.-- = = 19 A.

For purposes of eligibility for support and aservices, l i a e r 20 services [A.], "developmental disability" means a severe a t m m 21 chronic disability of [a person that] an individual, which d r e 22 disability:

c e s k 23 (1) is attributable to a mental or physical e a n b 24 impairment, including the result from trauma to the brain, or u [ combination of mental and physical impairments;

.220593.1 - 11 - SJC/SHPAC/SB 190 (2) is manifested before the person reaches the age of twenty-two years;

SJC/SHPAC/SB 190 Page 9 (3) is expected to continue indefinitely;

and (5) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care treatment or other support and services that are e t 17 of life-long or extended duration and are individually planned w l n d 18 and coordinated.

= = 19 B.

[are children] A child, from birth through two a l i a e r 20 years of age, who [are] is at risk for or [have] who has a a t m m 21 developmental [delays] delay as defined by rules of the d r e 22 department [These children are] is eligible for early c e s k 23 intervention servicesservices. [or].

e a n b 24 C.

[is a person] An individual who is eligible for u [ developmental disability supports and services based on any .220593.1 - 12 - SJC/SHPAC/SB 190 previous definition of developmental disability used by the state and [is] was receiving services on [the effective date of the Developmental Disabilities Act] June 15, 1993 shall remain eligible SJC/SHPAC/SB 190 Page 10 for developmental disability supports and services.

However, [children] a child, from birth through age two who [were] is determined to be [a] at risk for or [have] who has a developmental [delays are] delay shall be eligible for early intervention services only, unless [meeting] the child meets the criteria set forth in Subsection A of this section." SECTION 7.

[ASSESSMENT OF NEEDS OF PERSONS WITH DEVELOPMENTAL DISABILITIES] COMPREHENSIVE REVIEW AND ANALYSIS.-- A.

[InThe ordercouncil shall conduct a comprehensive review and analysis of the extent to complywhich services, supports and other assistance are available to individuals with developmental disabilities and their families and the provisionsextent of 42unmet U.S.C.need for services, supports and all other assistance for those individuals and their families in the state.

Section 6067] The [developmentalresults disabilities planning] e t 17 council shall conduct a [needs assessment of personsthe with w l n d 18 developmental disabilities to determine] comprehensive review = = 19 and analysis ofshall theinclude: extent to which services, supports and a l i a e r 20 other assistance are available to individuals with a t m m 21 developmental disabilities and their families and the extent of d r e 22 unmet need for services, supports and all other assistance for c e s k 23 those individuals and their families in the state.

The(1) resultsthe enumber a n b 24 of theindividuals comprehensivewith reviewdevelopmental anddisabilities analysisresiding shallin include:New Mexico;

u(2) [the (1)range theand numberdegree of individualsseverity withof .220593.1the -disabilities 13of -individuals SJC/SHPAC/SBwith 190 developmental disabilities residing in New Mexico;

(2) the range and degree(3) ofsuch severityother ofinformation [their]and theanalysis disabilitiesrequired ofunder individualsfederal withlaw. developmental disabilities in New Mexico;

and [(3) the present placement and support and services being received;

and (4) the needs for support and services and the extent that their needs are unserved or underserved] (3) such other information and analysis required under federal law.

The findings of the [assessment] comprehensive review and analysisSJC/SHPAC/SB shall190 bePage [included11 inanalysis theshall statebe plan for developmental disabilities services and support] utilized in the development of the council's five-year plan.

The [assessment shall be repeated] council shall:

e t 17 (1) repeat the comprehensive review and w l n d 18 analysis at least every [two] five years, with a summary of the =findings; = 19 findings [distributed];

and a l i a e r 20 (2) distribute the comprehensive review and a t m m 21 analysis and the summary of findings to relevant organizations, d r e 22 programs and agencies in the state." c e s k 23 SECTION 8.

Section 28-16A-8 NMSA 1978 (being Laws 1993, e a n b 24 Chapter 50, Section 8) is amended to read:

u [ "28-16A-8.

[PLANNING FOR] REPORTING ON COMMUNITY SERVICES .220593.1FOR -PERSONS 14WITH -DEVELOPMENTAL DISABILITIES.--The department of health, the human services department, the public education department, the vocational rehabilitation division of the public education department, the children, youth and families department, the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf shall provide to the council, on an annual basis, information and data with respect to the actual or estimated number of individuals with developmental disabilities served by the agency, the type of services provided, any major changes in policies adopted in the previous year or anticipated in the coming year that have had or are expected to have a beneficial or deleterious effect on persons with developmental disabilities and any SJC/SHPAC/SB 190 FORPage PERSONS12 WITHgaps DEVELOPMENTALin DISABILITIES.--[A.eligibility or services that pose a barrier to the provision of services needed by persons with developmental disabilities." SECTION 9.

The developmental disabilities planning council shall coordinate, review and comment upon plans for services to persons with developmental disabilities developed by all major state agencies providing or funding services to persons with developmental disabilities based, to the greatest extent possible, upon the most recent needs assessment completed pursuant to Section 7 of the Developmental Disabilities Act.

B.] The department of health, the human services department, the [state department of] public education department, the vocational rehabilitation division of the [state department of] public education department, the children, youth and families department, the New Mexico school for the blind and visually [handicapped] impaired and the New Mexico school for the deaf shall [each submit a plan for support and services for persons with developmental and other disabilities within a reasonable e t 17 time to allow for meaningful coordination, review and comment w l n d 18 by the developmental disabilities planning council.

= = 19 C.

Each plan shall define and provide for the a l i a e r 20 support and services that are required within the scope of each a t m m 21 respective agency's applicable federal and state laws and d r e 22 regulations.

The goal of each plan is to enable persons with c e s k 23 developmental disabilities to maximize their potential, live as e a n b 24 independently as possible in their own homes and communities u [ and achieve productive lives through involvement in inclusive .220593.1 - 15 - SJC/SHPAC/SB 190 service settings] provide to the council, on an annual basis, information and data with respect to the actual or estimated number of individuals with developmental disabilities served by the agency, the type of services provided, any major changes in policies adopted in the previous year or anticipated in the coming year that have had or are expected to have a beneficial or deleterious effect on persons with developmental disabilities and any gaps in eligibility or services that pose a barrier to the provision of services needed by persons with developmental disabilities." SECTION 9.

INFORMATION AND REFERRAL SYSTEM--COORDINATIONSYSTEM-- COORDINATION AND CONTINUATION.--In order to coordinate information and referral services and eliminate the duplication of effort, the [developmental disabilities planning] council shall provide e t 17 information and referral services for persons with w l n d 18 disabilities, their families, providers of support and services = = 19 and local and state agencies, including:

a l i a e r 20 A.

a t m m 21 B.

d r e 22 C.

the [state department of] public education c e s k 23 department and its vocational rehabilitation division;

e a n b 24 D.

u [ E.

the New Mexico school for the blind and visually .220593.1 - 16 - SJC/SHPAC/SB 190 [handicapped] impaired;

DEVELOPMENTAL DISABILITIES [PLANNING]SJC/SHPAC/SB COUNCIL--STAFF.--The190 [developmentalPage disabilities13 planning]COUNCIL--STAFF.--The council shall employ an executive director, who is the administrative officer of the council.

DEVELOPMENTAL DISABILITIES [PLANNING] COUNCIL--REPORTS.--The [developmental disabilities planning] e t 17 council shall submit reports on its preceding year's work to w l n d 18 the governor and the [legislative] interim legislative health = = 19 and human services committee by [December] November 1 of each a l i a e r 20 year.

The reports shall contain recommendations, if any, for a t m m 21 legislation or other appropriate action." d r e 22 SECTION 12.

Section 28-16A-12 NMSA 1978 (being Laws 1993, c e s k 23 Chapter 50, Section 12) is amended to read:

e a n b 24 "28-16A-12.

DEVELOPMENTAL DISABILITIES [PLANNING]COUNCIL--COMPENSATION.--Council u [ COUNCIL--COMPENSATION.--[Developmental disabilities planning] .220593.1 - 17 - SJC/SHPAC/SB 190 Council members shall be reimbursed as provided in the Per Diem and Mileage Act and the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000.

Other than what is required in the federal Developmental Disabilities Assistance SJC/SHPAC/SB 190 Page 14 and Bill of Rights Act of 2000, council members shall receive no other compensation, perquisite or allowance [shall be received] for their service on the council." SECTION 13.

AUTHORIZATION FOR PROVIDING [COMMUNITY-BASED] e t 17 SUPPORT AND SERVICES FOR PERSONS WITH DEVELOPMENTAL w l n d 18 DISABILITIES.-- = = 19 A.

Subject to the availability of appropriations a l i a e r 20 provided expressly for this purpose, the department may:

a t m m 21 (1) acquire, provide or coordinate support and d r e 22 services for persons with developmental disabilities;

c e s k 23 (2) enter into contracts and provider e a n b 24 agreements with agencies and individuals capable of providing u [ support and services to persons with developmental disabilitiesdisabilities; .220593.1 - 18 - SJC/SHPAC/SB 190 [that promote the objectives of the department's state plan, prepared pursuant to Section 5 of the Developmental Disabilities Act];

SJC/SHPAC/SB 190 Page 15 C.

(1) solicit the involvement of consumers, providers, parents, professional organizations and other governmental organizations prior to the adoption or revision of e t 17 any policies or regulations concerning the provision of support, w l n d 18 services, standards or funding systems.

Participants shall be = = 19 selected in a manner that reflects geographical, cultural, a l i a e r 20 organizational and professional representation across the state;

a t m m 21 (2) develop policies, procedures, rules and d r e 22 regulations that, to the extent possible, will promote c e s k 23 uniformity in reimbursement and quality assurance systems e a n b 24 regardless of the source of funding;

and u [ (3) convene and maintain a family infant .220593.1 - 19 - SJC/SHPAC/SB 190 toddler inter-agency coordinating council and a statewide adult support and services task force that shall, at a minimum, address quality assurance." SECTION 14.

Diagnostic evaluations for infants and toddlers shall address family service needs and SJC/SHPAC/SB 190 Page 16 shall include training capabilities to educate community providers and parents in the understanding and application of the evaluations.

This diagnostic evaluation system shall be jointly provided through a coordinated system by the children's medical services bureau of the public health division or the developmental disabilities e t 17 supports division of the department, the university of New w l n d 18 Mexico's [developmental disabilities team] center for = = 19 development and disability and the [state department of] public a l i a e r 20 education department." a t m m 21 SECTION 15.

Section 28-16A-19 NMSA 1978 (being Laws 2003, d r e 22 Chapter 323, Section 1) is amended to read:

c e s k 23 "28-16A-19.

INFORMATION AND REFERRAL TASK FORCE e a n b 24 CREATION.--There is created an information and referral task u [ force located in the [developmental disabilities planning] .220593.1 - 20 - SJC/SHPAC/SB 190 council to develop a statewide, comprehensive "211" information and referral plan for use as a telephone dialing code for access to health and human services.

the [labor] workforce solutions department;

the [state agency on] aging and long-term services department;

the governor'sSJC/SHPAC/SB [committee190 onPage concerns17 ofgovernor's the handicapped] commission on disability;

and other interested parties." e t 17 SECTION 16.

A new section of the Developmental w l n d 18 Disabilities Act is enacted to read:

="REPORTING--DEPARTMENT = 19 "[NEW MATERIAL] REPORTING--DEPARTMENT OF HEALTH--HEALTH--INTERMEDIATE a l i a e r 20 INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL aDISABILITIES-- tINDEPENDENT m m 21 DISABILITIES--INDEPENDENT REVIEW.--Within thirty days of the d r e 22 date on which reporting pursuant to each review is available, c e s k 23 the department shall provide the council with each report issued e a n b 24 pursuant to the independent reviews of intermediate care u [ facilities for individuals with intellectual disabilities that .220593.1 - 21 - SJC/SHPAC/SB 190 are performed pursuant to the requirements of federal law." -SJC/SHPAC/SB 22190 -Page 4 6 8 10 12 14 16 e t 17 w l n d 18 =25 = 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 [ .220593.1