Plans of Safe Care Infants With Prenatal Substance Exposure and Their Families - New Mexico

Definitions

Citation: Stat. Ann. § 32A-1-4

The term 'plan of care' means a plan created by a health-care professional intended to ensure the safety and well-being of a substance-exposed newborn by addressing the treatment needs of the child and any of the child's parents, relatives, guardians, family members, or caregivers to the extent those treatment needs are relevant to the safety of the child.

Notification/Reporting Requirements

Citation: Ann. Stat. § 32A-3A-13

Reports made pursuant to this section shall be collected by the Children, Youth and Families Department as distinct and separate from any child abuse report as captured and held or investigated by the department, such that the reporting of a plan of care shall not constitute a report of suspected child abuse and neglect and shall not initiate an investigation by the department or a report to law enforcement.

Reports made pursuant to the requirements in this section shall not be construed to relieve a person of the requirement to report to the department knowledge of or a reasonable suspicion that a child is an abused or neglected child based on criteria as defined by § 32A-4-2.

Assessment of the Infant and Family

Citation: Ann. Stat. § 32A-3A-13

The rules developed by the department shall include guidelines to hospitals, birthing centers, medical providers, Medicaid managed care organizations, and private insurers regarding definitions and evidence-based screening tools, based on standards of professional practice, to be used by health-care providers to identify a child born affected by substance use, withdrawal symptoms resulting from prenatal drug exposure, or a fetal alcohol spectrum disorder (FASD).

Responsibility for Development of the Plan of Safe Care

Citation: Ann. Stat. § 32A-3A-13

By January 1, 2020, the department, in consultation with Medicaid managed care organizations, private insurers, the Office of Superintendent of Insurance, the Human Services Department, and the Department of Health, shall develop rules to guide hospitals, birthing centers, medical providers, Medicaid managed care organizations, and private insurers in the care of newborns who exhibit physical, neurological, or behavioral symptoms consistent with prenatal drug exposure, withdrawal symptoms from prenatal drug exposure, or FASD.

The rules shall include guidelines to hospitals, birthing centers, medical providers, Medicaid managed care organizations, and private insurers regarding participation in the discharge planning process, including the creation of a written plan of care that shall be sent to the following:

• The child's primary care physician
• A Medicaid managed care organization insurance plan care coordinator who will monitor the implementation of the plan of care after discharge, if the child is insured, or to a care coordinator in the Children's Medical Services of the Family Health Bureau of the Public Health Division of the Department of Health who will monitor the implementation of the plan of care after discharge, if the child is uninsured
• The child's parent, relative, guardian, or caregiver who is present at discharge who shall receive a copy upon discharge

The plan of care shall be signed by an appropriate representative of the discharging hospital and the child's parent, relative, guardian, or caregiver who is present at discharge.

Services for the Infant

Citation: Ann. Stat. § 32A-3A-13

The rules also may provide for the engagement of the child's relatives, parents, guardians, or caregivers in order to identify the need for access to treatment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development, and well-being of the child.

Services for the Parents or Other Caregivers

Citation: Ann. Stat. § 32A-3A-13

The rules shall include guidelines to hospitals, birthing centers, medical providers, Medicaid managed care organizations, and private insurers regarding identification of appropriate agencies to be included as supports and services in the plan of care, based on an assessment of the needs of the child and the child's relatives, parents, guardians, or caregivers, performed by a discharge planner prior to the child's discharge from the hospital or birthing center. Agencies that may provide services may include the following:

• Public health agencies
• Maternal and child health agencies
• Home visitation programs
• Substance use disorder prevention and treatment providers
• Mental health providers
• Public and private children and youth agencies
• Early intervention and developmental services
• Courts
• Local education agencies
• Managed care organizations
• Hospitals and medical providers

Monitoring Plans of Safe Care

Citation: Ann. Stat. § 32A-3A-13

The rules shall include guidelines to hospitals, birthing centers, medical providers, Medicaid managed care organizations, and private insurers regarding the collection and reporting of data to meet Federal and State reporting requirements, including the following:

• Data provided by hospitals and birthing centers to the department when a plan of care has been developed and a family has been referred for a plan of care
• Information pertaining to a child born and diagnosed by a health-care professional as affected by substance abuse, withdrawal symptoms resulting from prenatal drug exposure, or FASD
• Data collected by hospitals and birthing centers for use by the Children's Medical Services of the Family Health Bureau of the Public Health Division of the Department of Health in epidemiological reports and to support and monitor a plan of care

Information reported pursuant to this subparagraph shall be coordinated with communication to insurance carrier care coordinators to facilitate access to services for children and parents, relatives, guardians, or caregivers identified in a plan of care.

The department shall summarize and report data received at intervals as needed to meet Federal regulations.