House Bill70  (HB70) relates to health care by enacting the Behavioral Health Medicaid Waiver Act , resulting in the application for a Medicaid Waiver application for behavioral health services, and by making an appropriation. The legislation also declares an emergency.  

 House Bill70 (HB70) creates the Behavioral Health Medicaid Waiver Act  and directs Health Care Authority, subject to the availability of appropriations provided expressly for this purpose, to: (1)  acquire, provide or coordinate support and services for persons with behavioral health disabilities; (2)  enter into contracts and provider agreements with agencies and persons capable of providing support and services to persons with behavioral health disabilities; 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 behavioral health disabilities.  The Health Care Authority shall provide support and services based on individual support and service plans developed by an interdisciplinary team.  

The team is responsible for collectively evaluating a person's needs and developing an individual support and service plan to meet the needs. The Health Care Authority shall:  solicit the involvement of persons with 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; provided that participants shall be selected in a manner that reflects geographical, cultural, organizational and professional representation across New Mexico.

Also, 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. 
The Health Care Authority shall immediately conduct monthly meetings with persons with behavioral health disabilities and their family members, providers of behavioral health services, the University of New Mexico, advocates for persons with behavioral health disabilities and county and municipal officials who are serving persons with behavioral health disabilities to determine the best way to apply to the Federal Centers for Medicare and Medicaid Services for authorization to operate a Medicaid waiver program for persons with behavioral health disabilities.  The meetings shall continue until the Health Care Authority has applied to the Federal Centers for Medicare and Medicaid Services authorization to operate a Medicaid waiver program for residents of New Mexico with behavioral health disabilities.

In addition, the Authority is to retain a consulting entity to assist in the development of the application for this authorization to operate a Medicaid Waiver program for people with behavioral disabilities. HB 70 requires that no later than December 31, 2025, the Authority shall submit such application and it shall be comparable to New Mexico's home and community-based Medicaid waiver programs for persons with developmental disabilities. 

An appropriation of one million one hundred thousand dollars ($1,100,000) is provided from the general fund to the Health Care Authority  for expenditure in fiscal years 2026 and 2027 to retain a qualified consultant to guide the Health Care Authority  in the development of an application to the federal government for the creation of a behavioral 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.  

A substantial list of definitions are provided to include: behavioral health disability, brain injury, serious emotional disturbance, serious mental illness, and substance use disorder. 
HB70 declares an emergency for the public peace, health and safety and that this act take effect immediately.
 

 Committee Substitute March08, 2025 in HAFC
HAFCcs/HB70: The House Appropriations and Finance Committee substitute for HB70 removes the appropriation amount and the emergency paragraph. Multiple definitions are replaced to include: 
"behavioral health condition" means serious mental illness, serious emotional disturbance, substance use disorder or brain injury whenever that condition: (1)  substantially impairs a person's ability to manage the person's own affairs; or (2)  makes a person eligible to receive disability benefits from New Mexico or the federal government”.
"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; “
Under Section 2,C, paragraph 2 duties of the Health Care Authority are now to read: “(2)  develop rules that: (a)  to the extent possible, promote uniformity in reimbursement and quality assurance systems regardless of the source of funding; (b)  establish the types of supports and services that are provided to eligible persons with behavioral health conditions; and (c)  establish eligibility criteria for receiving support and services to treat behavioral health conditions.”
Under Section 4, Paragraph A, the time line for implementing monthly meetings is now set for July1, 2025, no longer immediately. 
Paragraph A is now written to read:
“A.  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 who apply to participate in the medicaid waiver program; and (2)  continue until the health care authority has submitted an 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 conditions.”
Language under Paragraph B of this Section changes the term “shall” to “may” as it applies to retention of a “consulting entity”.
Under paragraph C of Section 4, The timeline for submitting an application for Medicaid Waiver has changed to July 1, 2026 as December 31,2025 no longer applies. 
The entire paragraph will now read: “C.  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 communitybased services and supports.”