Indian Day at the Legislature Recap

A number of Tribal Leaders, Health Programs, Advocates met with Regis Pecos from Majority house council to discuss how we can get the NM legislature on board supporting Native American NM citizens opposition to NM HSD/MAD Centennial Care Waiver. 

Representative Roger Madalena D chairman of the Health/Governmental/Indian Affairs committee introduced a bill on the house floor (HB 376) that would grant NA the option to opt out of Managed Care if Centennial care were approved by CMS as it is currently written.

The link for the bill is below:

 http://www.nmlegis.gov/lcs/_session.aspx?Chamber=H&LegType=B&LegNo=376&year=13

HOUSE BILL 376

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

James Roger Madalena

AN ACT

RELATING TO PUBLIC ASSISTANCE; ENACTING A NEW SECTION OF THE PUBLIC ASSISTANCE ACT TO REMOVE NATIVE AMERICANS FROM MANDATORY ENROLLMENT IN MEDICAID MANAGED CARE.

 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 27-2-1 NMSA 1978 (being Laws 1973, Chapter 376, Section 1) is amended to read:

     "27-2-1. SHORT TITLE.--Sections  27-2-1 through 27-2-34 NMSA 1978 and Section 2 of this 2013 act may be cited as the "Public Assistance Act"."

     SECTION 2. A new section of the Public Assistance Act is enacted to read:

     "[NEW MATERIAL] MEDICAID MANAGED CARE--NATIVE AMERICAN RECIPIENTS--OPTIONAL ENROLLMENT.--

          A. The department shall afford any recipient who self-identifies as a Native American the option of enrolling in a medicaid managed-care program or a medicaid fee-for-service program for medical or behavioral health services. Upon determination of medicaid eligibility, a Native American may choose to enroll in a medicaid managed-care program or a medicaid fee-for-service program.

          B. By not enrolling in a medicaid managed-care program, a Native American recipient chooses not to participate in medicaid managed care and shall be covered through a medicaid fee-for-service program.

          C. The department shall provide a Native American recipient a monthly opportunity to enroll or disenroll in a medicaid managed-care program or a medicaid fee-for-service program."

The group amended the Bill introduced by Rep. Madalena to include the following language or reference:

American Recovery Reinvestment Act/ Social Security Act Title 19

42 U.S.C. §1396u-2(a)(2)(C)

http://www.law.cornell.edu/uscode/text/42/1396u-2

(C) Indian enrollment

A State may not require under paragraph (1) the enrollment in a managed care entity of an individual who is an Indian (as defined in section 4(c)  ^[1] of the Indian Health Care Improvement Act of 1976 (25 U.S.C. 1603 (c)) unless the entity is one of the following (and only if such entity is participating under the plan):

(i) The Indian Health Service.

(ii) An Indian health program operated by an Indian tribe or tribal organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination Act [25 U.S.C. 450f et seq.].

(iii) An urban Indian health program operated by an urban Indian organization pursuant to a grant or contract with the Indian Health Service pursuant to title V of the Indian Health Care Improvement Act [25 U.S.C. 1651 et seq.].

 

There was a stradegy discussion on what the Tribes should do next. 
All Tribes present all agreed:

The State did not achieve true consultation with the Tribes
Tribes are all opposed to Centennial Care as it was submitted in August of 2012
All oppose the mandatory inclusion into Managed Care.
All request that the retroactive (presumptive) eligibility be reinstated
All request that the State maintain a Fee For Services component in the Medicaid Program

It was decided that there will be another meeting hosted by Regis at the roundhouse. The group decided that we will take the following steps until the next meeting:

Advocates will continue to analyze the Waiver and MCO RFPS, to develop talking points for Tribal Leadership and Congressional Delegates. Continue to meet with Congressional Delegate representatives to educate them on Tribal positions.

Regis/Legislative Council Services will continue to meet with house committee members to gain support for HB 376

Tribal Leaders: Governor from Santa Clara, Tribal Administrator Mescalero Apache, VP Navajo Nation will start the process of requesting a meeting with HHS Secretary, IHS Secretary, BIA Secretary, and the office of the White House for a meeting regarding this affront to Tribal Sovereignty. AIPC will encourage Governors Support and adoption of Resolution opposing Centennial Care. AIPC legal committee will look at legal option the Tribes have in opposing Centennial Care.

 The group agreed to meet the following week at the Roundhouse in Santa Fe Friday February 8, 2013 in Room 303 from 10AM to 12PM, and to encourage as many Tribal leaders to attend so we can continue to Stradegize on next steps.