A. A correctional facility shall ensure that each inmate of that correctional facility is screened for mental illness and for habitual substance abuse within thirty days of incarceration in that facility.

B. A correctional facility shall offer a qualifying inmate the opportunity to enroll in medicaid in accordance with the provisions of Section 27-2-12.22 NMSA 1978.

C. To the extent allowed by federal law or waiver agreement, care coordinators employed by medicaid managed care organizations shall link inmates who are enrolled in a medicaid managed care program to care coordination prior to the inmates' release.

D. The human services department [health care authority department] shall provide information to correctional facilities seeking medicaid care coordination for qualifying inmates.

E. As used in this section:

1. (1) "care coordination" means an assessment for health risks and the creation of a plan of care to address an individual's comprehensive health needs, including access to physical health care and mental health services; substance use disorder treatment; and transportation services;

2. (2) "correctional facility" means a:

   1. (a) state correctional facility;
   2. (b) privately operated correctional facility;
   3. (c) county jail;
   4. (d) privately operated jail;
   5. (e) detention facility that is operated under the authority of the children, youth and families department and that holds the individual pending a court hearing; or
   6. (f) facility that is operated under the authority of the children, youth and families department and that provides for the care and rehabilitation of an individual who is under eighteen years of age and who has committed an act that would be designated as a crime under the law if committed by an individual who is eighteen years of age or older;
3. (3) "medicaid" means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act and rules promulgated pursuant to that act; and
4. (4) "qualifying inmate" means an inmate who has been identified as currently having a mental illness or a substance use disorder, either through the screening provided pursuant to the provisions of Subsection A of this section or as evidenced in the inmate's medical record.

History: Laws 2018, ch. 74, § 2.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.

Cross references. — For Titles 19 and 21 of the federal Social Security Act, see 42 U.S.C. § 1396 et seq., and 42 U.S.C. § 1397 et seq., respectively.

Effective dates. — Laws 2018, ch. 74, § 57 made Laws 2018, ch. 74, § 2 effective July 1, 2018.