2024 New Mexico Statutes
Chapter 27 - Public Assistance
Article 1 - General Provisions
Section 27-1-16 - Brain injury services fund created.
A. The "brain injury services fund" is created as a nonreverting fund in the state treasury. The fund shall be invested in accordance with the provisions of Section 6-10-10 NMSA 1978, and all income earned on the fund shall be credited to the fund.
B. The brain injury services fund shall be used to institute and maintain a statewide brain injury services program designed to increase the independence of persons with brain injuries.
C. The health care authority shall adopt all rules and policies necessary to administer a statewide brain injury services program. The authority shall coordinate with and seek advice from the brain injury advisory council to ensure that the statewide brain injury services program is appropriate for persons with brain injuries.
D. All money credited to the brain injury services fund shall be appropriated to the health care authority to carry out the provisions of this section.
E. Disbursements from the brain injury services fund shall be made upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of health care authority.
F. For the purposes of this section, "brain injury":
(1) means an injury to the brain of traumatic or acquired origin, including an open or closed head injury caused by:
(a) an insult to the brain from an outside physical force;
(b) anoxia;
(c) electrical shock;
(d) shaken baby syndrome;
(e) a toxic or chemical substance;
(f) near-drowning;
(g) infection;
(h) a tumor;
(i) a vascular lesion; or
(j) an event that results in either temporary or permanent, partial or total impairments in one or more areas of the brain that results in total or partial functional disability, including: 1) cognition; 2) language; 3) memory; 4) attention; 5) reasoning; 6) abstract thinking; 7) judgment; 8) problem solving; 9) sensory perception and motor abilities; 10) psychosocial behavior; 11) physical functions; 12) information processing; or 13) speech; and
(2) does not apply to an injury that is:
(a) congenital;
(b) degenerative;
(c) induced by birth trauma;
(d) induced by a neurological disorder related to the aging process; or
(e) a chemically caused brain injury that is a result of habitual substance abuse.
History: Laws 2013, ch. 44, § 1; 2014, ch. 36, § 1; 2024, ch. 39, § 66.
ANNOTATIONSThe 2024 amendment, effective July 1, 2024, substituted the human services department with the health care authority in the administration of the brain injury services fund, and made technical changes; in Subsection A, deleted "There is created in the state treasury", after "'brain injury services fund'" added "is created as a nonreverting fund in the state treasury"; and substituted each occurrence of "human services department" with "health care authority" throughout the section; and in Subsection D, after "provisions of this section" deleted "and shall not revert to the general fund".
The 2014 amendment, effective May 21, 2014, defined "brain injury"; eliminated "traumatic"; in Subsection B, after "persons with", deleted "traumatic"; in Subsection C, in the second sentence, after "persons with", deleted "traumatic"; and added Subsection F.
