SENATE BILL 354
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Linda M. Lopez
AN ACT
RELATING TO EXECUTIVE REORGANIZATION; ENACTING THE VOCATIONAL REHABILITATION ACT; CREATING THE VOCATIONAL REHABILITATION COMMISSION; ELIMINATING THE VOCATIONAL REHABILITATION DIVISION OF THE PUBLIC EDUCATION DEPARTMENT; CREATING THE VOCATIONAL REHABILITATION OFFICE; PROVIDING POWERS AND DUTIES; PROVIDING FOR THE TRANSFER OF FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, RECORDS AND OTHER PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 12 of this act may be cited as the "Vocational Rehabilitation Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Vocational Rehabilitation Act:
A. "commission" means the vocational rehabilitation commission;
B. "director" means the director of the vocational rehabilitation office;
C. "federal aid funds" means funds or grants received by the state under any federal aid for vocational rehabilitation;
D. "office" means the vocational rehabilitation office;
E. "person with a disability" means a person with a physical or mental disability other than blindness that constitutes a substantial handicap to employment but that is of such a nature that vocational rehabilitation may be reasonably expected to enable the person to engage in a remunerative occupation; and
F. "vocational rehabilitation" means services or training necessary to enable a person with a disability to engage in a remunerative occupation. Vocational rehabilitation may provide medical or vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, customary occupational tools or equipment, maintenance and training material and equipment.
SECTION 3. [NEW MATERIAL] VOCATIONAL REHABILITATION COMMISSION CREATED.--
A. The "vocational rehabilitation commission" is created. The commission consists of six members appointed by the governor:
(1) two members shall be licensed health care providers of disabilities treatment;
(2) two members shall be recipients of vocational rehabilitation services;
(3) one member shall be the director of the medical assistance division of the human services department; and
(4) one member shall be a person with expertise in vocational education.
B. Initially, two members shall be appointed for a two-year term by July 1, 2021. Three members shall be appointed for a three-year term and one member appointed for a four-year term. Thereafter, appointments shall be for four-year terms on December 31 of even-numbered years.
C. A majority of the members of the commission constitutes a quorum for the transaction of business. The commission shall elect a chair from its membership.
D. Public members of the commission are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
SECTION 4. [NEW MATERIAL] VOCATIONAL REHABILITATION COMMISSION--POWERS AND DUTIES.--
A. The commission may:
(1) establish policies for state programs relating to vocational rehabilitation, unless otherwise provided by state law;
(2) cooperate and make agreements with public or private agencies to establish or maintain a vocational rehabilitation program;
(3) enter into reciprocal agreements with other states to provide vocational rehabilitation; and
(4) accept gifts or grants to be used for vocational rehabilitation.
B. The commission shall:
(1) create a state plan for federal aid funds relating to vocational rehabilitation;
(2) establish standards to which agencies shall conform in receiving federal aid funds;
(3) enter into an agreement with the appropriate federal agency to procure for the state the benefits of federal law regarding vocational rehabilitation;
(4) collaborate with the federal social security administration to provide disability determination services pursuant to federal law; and
(5) determine eligibility for state disability services pursuant to federal law, the Vocational Rehabilitation Act and rules promulgated under the Vocational Rehabilitation Act.
SECTION 5. [NEW MATERIAL] VOCATIONAL REHABILITATION OFFICE--POWERS AND DUTIES.--
A. The "vocational rehabilitation office" is created. The commission shall appoint a director, who shall be the administrative officer of the commission. The director shall be appointed without reference to party affiliation and solely based on the grounds of fitness to perform the duties of the director's office. The director shall employ staff necessary for the effective operation of the commission.
B. The office may:
(1) promulgate and enforce rules for the administration of the Vocational Rehabilitation Act and state laws relating to vocational rehabilitation;
(2) conduct research and compile statistics relating to vocational rehabilitation;
(3) make surveys and studies in cooperation with other agencies to determine the needs of the state in the areas where federal aid funds are to be applied; and
(4) give technical advice and assistance to any state or local agency in connection with that agency obtaining federal aid funds.
C. The office shall:
(1) administer vocational rehabilitation services;
(2) administer a state plan created by the commission;
(3) ensure that behavioral health services, including mental health and substance abuse services, are provided, contracted for or approved in compliance with the requirements of Section 9-7-6.4 NMSA 1978;
(4) provide for reports to be made to the federal agency as required; and
(5) provide for reports to be made to the commission from a person receiving federal aid funds.
SECTION 6. [NEW MATERIAL] DESIGNATED AGENCY FOR FEDERAL FUNDS--CUSTODY OF FUNDS--BUDGETS--DISBURSEMENTS.--
A. The office is designated the sole state agency to administer and receive federal aid funds.
B. The state treasurer shall be the custodian of all federal aid funds.
C. All state funds, federal aid funds or grants to the state relating to vocational rehabilitation shall be budgeted and accounted for as provided by law. These funds or grants shall be disbursed by warrants of the secretary of finance and administration on vouchers issued by the director or the director's authorized representative.
D. All federal aid funds received by the state to be used for vocational rehabilitation programs may be expended in any succeeding year from the year received.
SECTION 7. [NEW MATERIAL] VOCATIONAL REHABILITATION--ELIGIBILITY REQUIREMENTS.--Vocational rehabilitation shall be provided to a person who:
A. is a resident of the state at the time of filing an application for vocational rehabilitation; and
B. is eligible for a vocational rehabilitation program; or
C. qualifies for eligibility under the terms of an agreement that the state has with the federal government or with another state.
SECTION 8. [NEW MATERIAL] HEARING.--A fair hearing shall be provided for a person applying for or receiving vocational rehabilitation who is aggrieved by an action or inaction of the commission or office pursuant to the Administrative Procedures Act.
SECTION 9. [NEW MATERIAL] THIRD-PARTY LIABILITY.--
A. The office shall make reasonable efforts to ascertain any legal liability of third parties that are or may be liable to pay all or part of the cost of rehabilitation services of an applicant or client of vocational rehabilitation.
B. When the office provides vocational rehabilitation services to a qualified person, the office is surrogated to any right of the individual against a third party for recovery of costs incurred.
SECTION 10. [NEW MATERIAL] NONTRANSFERABLE OR ASSIGNABLE RIGHTS.--The rights of a person pursuant to state law relating to vocational rehabilitation are not transferable or assignable in law or in equity.
SECTION 11. [NEW MATERIAL] LIMITATIONS ON POLITICAL ACTIVITIES.--
A. A vocational rehabilitation provider shall not:
(1) engage in administering a vocational rehabilitation program or use the person's official authority or influence to interfere with any public election or partisan political campaign;
(2) take an active part in the management of a political campaign or participate in any political activity beyond the person's constitutional rights of voting and of free speech; or
(3) be required to contribute or render service, assistance, subscription, assessment or contribution for any political purpose.
B. A person that violates the provisions of this section shall be subject to discharge or suspension.
SECTION 12. [NEW MATERIAL] ADMISSION TO STATE EDUCATIONAL
INSTITUTIONS--EXEMPTION FROM CERTAIN FEES.--Upon written request of the commission, all state educational institutions shall accept for admission, without any charge for any fees except tuition charges, a person with a disability meeting the standards of the institution.
SECTION 13. Section 9-7-6.4 NMSA 1978 (being Laws 2004, Chapter 46, Section 8, as amended) is amended to read:
"9-7-6.4. INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE.--
A. [There is created] The "interagency behavioral health purchasing collaborative" is created, consisting of the secretaries of aging and long-term services; Indian affairs; human services; health; corrections; children, youth and families; finance and administration; workforce solutions; public education; and transportation; the directors of the administrative office of the courts; the New Mexico mortgage finance authority; the governor's commission on disability; the developmental disabilities planning council; the instructional support and vocational [rehabilitation] education division of the public education department; and the New Mexico health policy commission; and the governor's health policy coordinator, or their designees. The collaborative shall be chaired by the secretary of human services with the respective secretaries of health and children, youth and families alternating annually as co-chairs.
B. The collaborative shall meet regularly and at the call of either co-chair and shall:
(1) identify behavioral health needs statewide, with an emphasis on that hiatus between needs and services set forth in the department of health's gap analysis and in ongoing needs assessments, and develop a master plan for statewide delivery of services;
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