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NAMI 2009 Legislative Session Summary
This paper reports the results of legislation that affects those living with mental illness as of the close of the 2009 legislative sessions and proofreading of the web page on March 25, 2009. Although there are many behavioral health bills, this paper focuses on those dealing with mental illness.
NAMI is the National Alliance on Mental Illness, the nation’s largest grassroots organization for people with mental illness and their families. Founded in 1979, NAMI has affiliates in every state and in more than 1,100 local communities across the country. NAMI-NM oversees ten NAMI affiliates. It is estimated that mental illness affects 1 in 5 families in America. Statistically there are about 38,000 (2%) seriously mentally ill people in New Mexico.
NAMI is opposed to any decrease in critical resources for those living with mental illnesses. This includes acute inpatient care, outpatient care, Medicaid, and supportive housing and employment. In general, NAMI’s position is that we must
- stop and/or replace the losses of psychiatric inpatient facilities,
- attract and retain psychiatric professionals in the state,
- increase early detection and targeted intervention techniques including peer therapists (patients in recovery),
- increase transitional living arrangements and group homes,
- increase supportive employment of those living with mental illnesses, and
- continue the growth of jail diversion programs throughout the state.
These objectives guided NAMI’s actions during the legislative session. New Mexico is last in the nation in spending on behavioral health per capita which indicates the lack of resources throughout the system. The 2009 NAMI Grading the States was published during the session and reiterated that New Mexico is last in the country for dollars spent per capita income. New Mexico remained with a grade of C.
Our primary concern has been the welfare of the client and family dealing with mental illnesses.
NAMI NM lobbyists during the session were:
- Becky Beckett
- James (Jim) Ogle
- Albert (Bert) Dugan, MD
- Lorette Enochs
2009 Legislative Results (25 March 2009)
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PASSED BILLS
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Description of Request
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NAMI Position
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Action
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HB130: (Stewart) Medicaid & child health insurance reporting
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Support – Increased transparency in medicate and SCHIP reporting.
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PASSED
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HB 161: (O’Neill) Powers of guardians clarified
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Support – strengthens guardianship act.
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PASSED
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HB 370: (Giannini) Psychologist licensure
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Support – it maintains uniform standards.
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PASSED
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HB544: (Picraux) Health coverage accountability & transparency
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Support
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PASSED
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HJM 13: (Trujillo) Local health care for veterans
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Support
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PASSED
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SB 20: (Papen) Regional Housing Authority Consolidation
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Support – Benefits consumers in recovery. It’s been proven that housing is instrumental in reducing recidivism/relapse.
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PASSED
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SB82: (Beffort) Permit redispensation of unused prescriptions
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PASSED
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SB129: (Wirth) Prescription drug retail price disclosure
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PASSED
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SB 172: (Lopez) Interim human services committee
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Support
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PASSED
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SB 178: (Morales) Mental health and civil commitments
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Support – does not substantively change the commitment laws.
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PASSED
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SB 649: (M. Sanchez) Criminal records expungement act
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Support – expungement of records for identity theft, wrongful charge, release without conviction, specified misdemeanors, domestic violence and DWI after time periods stated in bill.
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PASSED
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SM 31: (Ortiz y Pino) Acupuncture for post-traumatic stress
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Support – moves us forward in cost effective methods to treat PTSD
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PASSED AND SIGNED
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SM 79: (Papen) Federal Recovery Funds for Dona Ana Facility
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Support
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PASSED AND SIGNED
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BILLS THAT DID NOT PASS
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HB 32: (Cote) Behavioral Health Quick Response Teams
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Support with modification - We support a quick response team that consists of a CITplainclothes officer, at least one trained peer support specialist or community health care worker, a licensed behavioral health professional, and a paramedic.
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DIED IN COMMITTEE
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HB 35: (Begaye) Native American Teen Mental Health Program
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Support – Implements a Native American adolescent health program focusing on mental health and teen suicide prevention.
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DIED IN COMMITTEE
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HB 41: (Rehm) - Excepting Insurance Adjusters from the medical practice act
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Oppose – this would be detrimental to the consumer.
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DIED IN COMMITTEE
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HB 192: (Chasey) Prescription Drug Prior Authorization Process
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Support - Relates to HB 232, HB 233, HB 243, SB 40, SB 82, SB 129
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DIED ON THE FLOOR
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HB 203: (Martinez) Expands rural health care practitioner tax credit
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Support – Incentive for attracting and retaining social workers in rural areas.
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DIED IN COMMITTEE
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HB 212: (Chasey) Guilty but mentally ill: Repeal.
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Support - “Guilty but mentally ill” is a legal fiction since a person living with a mental illness is not given treatment under this court determination.
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DIED ON THE FLOOR
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HB 221: (Picraux) Behavioral health screening & intervention
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Support
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DIED IN COMMITTEE
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HB229: (Picraux) Health-related program funding
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Support
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DIED IN COMMITTEE
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HB232 (Picraux) Prescription Privacy Act
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DIED IN COMMITTEE
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HB233: (Picraux) State prescription drug price information
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DIED IN COMMITTEE
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HB243: (Stewart) Prescription drug reimportation
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DIED IN COMMITTEE
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HB 282: (Heaton) Therapeutic Alternative Drug Substitution
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Oppose - Real concern doctors can check box on script to say substitute ok. These drugs have different chemical make up and could cause other health problems.
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DIED IN COMMITTEE
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HB 361: (Maestas, A.) Oversight of guardianship office
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Support
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DIED ON THE FLOOR
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HB 398: (Begaye) Eastern Navajo agency behavioral programs
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Support
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DIED IN COMMITTEE
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HB 477: (Giannini) Therapist background checks
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Support
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DIED ON THE FLOOR
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HB 523: (Varela) Behavioral health Collaborative services
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Oppose – Changes statute to mandate a program. Programs need to go through budget and appropriation processes.
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DIED IN COMMITTEE
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HB 537: (Cote) Safe House Act
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Support – benefits consumers in a less restrictive environment.
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DIED ON THE FLOOR
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HB 751: (Giannini) Insurance coverage for some health conditions (BH, DD, Autism)
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Support – Covers autism disorder and takes advantage of national parity legislation for BH.
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DIED IN COMMITTEE
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HB 829: (Cote) Create safe house crisis fund
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Support – Novel method of funding infrastructure
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DIED IN COMMITTEE
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HB 839: (Salazar) Resident or care provider in-home abuse
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Oppose – Ambiguous language. It is not clear whether this includes family’s caring for their loved ones.
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DIED ON THE FLOOR
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HB 866: (Maestas, A.) Criminal record expungement act
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Support – as amended
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DIED IN COMMITTEE
SEE SB649 FOR SUBSTITUTE
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HJM 46: (Vaughn) Behavioral health residential care licensure
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Support
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DIED ON THE FLOOR
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HJM 65: (A. Lujan) Social worker demand & education study
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Support - Addresses the lack of social workers in New Mexico
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DIED ON THE FLOOR
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SB 8: (McSorley) Drug Court expansion & creation
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Support - hopefully dual diagnoses are addressed in drug court
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DIED IN COMMITTEE
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SB 31 (Cisneros) Tesuque Pueblo Human Services Programs
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Support - includes MH and relates to SB543, SB 545, HB 398
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DIED IN COMMITTEE
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SB 40: (Feldman) Prescription drug donation
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Support – recognize the needs and the risk.
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DIED IN COMMITTEE
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SB 66: (Papen) Dona Ana crisis triage services
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Support – benefits consumers and the community
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DIED IN COMMITTEE
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SB 125: (Wirth) Appropriations for mental health courts
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Support – funding for 1st, 11th, & 13th judicial districts. Important component of jail diversion programs
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DIED IN COMMITTEE
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SB 135: (Ortiz y Pino) Guardian & Conservator needs assessments
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Support – The guardianship system will be improved, including treatment guardians
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DIED IN COMMITTEE
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SB 147: (Beffort) Extend emergency detention
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Oppose – People in crisis should be taken to hospitals, not jails. Likelihood of treatment is remote unless the consumer voluntarily accepts treatment. Furthermore, smaller jurisdictions do not have medical personnel to evaluate and treat those with mental illnesses. NAMI recommends an amendment to have sheriff transport to a treatment facility within 24 hours. We support SJM 35.
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DIED IN COMMITTEE
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SB 199: (Beffort) Rural health telemedicine network
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Support - The state should support tele-health infrastructure and the medical personnel necessary to deliver mental health care to rural New Mexico.
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DIED IN COMMITTEE
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SB 238: (Ortiz y Pino) Direct behavioral health services
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Oppose – More time is needed to determine the effectiveness of the statewide entity system.
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DIED IN COMMITTEE
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SB 242: (Feldman) Legislative health committee
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Support
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DIED IN COMMITTEE
SEE SB172
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SB 256: (Keller) Health impact information added to LFC evaluations
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Support
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DIED IN COMMITTEE
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SB 286: (Feldman) Enhanced health care delivery in rural areas
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Support
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DIED IN COMMITTEE
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SB 325: (Ingle) Medicaid reimbursement rate increases
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Support
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DIED IN COMMITTEE
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SB 381: (Morales) Grant county jail diversion
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Support – continuation of previously federally fund jail diversion for Grant, Luna and Hidalgo counties.
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DIED IN COMMITTEE
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SB 473: (Beffort) Behavioral Health Collaborative services
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Oppose – Changes statute to mandate a program. Programs need to go through budget and appropriation processes.
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DIED IN COMMITTEE
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SB 481: (Beffort) Behavioral Health Collaborative services
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Oppose – See SB 473
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DIED IN COMMITTEE
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SB 543: (Lovejoy) Eastern Navajo agency health programs
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Support
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DIED IN COMMITTEE
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SB 545 (Pinto) Eastern Navajo agency behavioral health
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Support
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DIED IN COMMITTEE
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SB 605: (Rue) Transport of mentally ill in certain cases
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Support – strengthens jail diversion option for police
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DIED IN COMMITTEE
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SJM 26: (Papen) Behavioral health services delivery report
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Support – result is a periodic report on the performance of the state behavioral health system
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DIED ON FLOOR
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SJM 35: (Papen) Mental health disorder needs and services
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Support – This joint memorial should develop a statewide strategic plan for serving those with mental health disorders and in crisis. It should define the role of jails, if any role (SB 147 controversy)
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DIED ON FLOOR
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SJM 53: (Papen) Psychotic mental illness early intervention
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Support – urges discussions to determine a system of care for those with poor insight into their mental illness.
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DIED ON FLOOR
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SJR 12: (Morales) Qualified elector language
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Support – this is very archaic, offensive, and stigmatizing language.
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DIED IN COMMITTEE
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SM 13: (Sapien) Assess behavioral health services
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Support – Urges a statewide strategic plan for BH. TABLED
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DIED IN COMMITTEE
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SM48: (Feldman) Retain Medicaid & SCHIP documentation
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Support – Availability of data is important. Not a high fiscal priority
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DIED IN COMMITTEE
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SM70: (Feldman) Review health Dept. program administration
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Support
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DIED IN COMMITTEE
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SM 79: (Papen) Federal Recovery Funds for Dona Ana Facility
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Support
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PASSED AND SIGNED
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Albuquerque
