Historical Facts about DDSD:

History of: Medically Fragile Waiver Program

The initial federal authorization for in-home and community-based services was contained in Section 2176 of the Omnibus Budget Reconciliation Act of 1981, Section 1915 (c) of the Social Security Act (42U.S.C. Section 1396 n (c)), granting the Federal Health and Human Services Department authority to allow states to furnish home and community based Medicaid waivers. This statute authorized the waiver to serve a targeted population (Disabled and Elderly), Senate Bill 123, chapter 323, 1983 Laws of New Mexico. In 1984, two additional waivers were proposed, approved and implemented using funds appropriated by Chapter 91, 1984 New Mexico Laws (House Bill 186). The two waivers serve medically fragile and developmentally disabled individuals. 

The following is a chronological overview of services provided to persons with developmental disabilities and who are also medically fragile.

1984      The Developmental Disabilities (DD) Community Services Act was passed. This Act gave priority to community services requiring the development of a State DD Plan and established a process for early childhood evaluations. The Medically Fragile Waiver was developed to provide specialized home-based services to 25 children who otherwise would have been served in hospitals or state institutions. Legislative mandate passed requiring the State Department of Education to apply for Public Law 94-142 funds (Education for All Handicapped Children Act) adding $13 million to special education programs.

1985      Legislative mandate passed requiring all 3- and 4-year-old children with developmental disabilities to be served in the public schools by 1987.

1986      The Developmental Disabilities Planning Council (DDPC) Statewide Residential Services Plan was published. The Medicaid Waiver was transferred to the Human Services Department. The Developmental Disabilities Bureau initiated supported employment services in a contract with New Mexico Highlands University. United States Congress passed Public Law 99-457 amending Public Law 94-142 to include additional provisions for early childhood special education programs. Rights under Public Law 94-142 were extended to include children beginning at age three. In addition, incentives were provided to entitle eligible children birth through age two and their families to comprehensive early intervention services. The Secretary of HED created an Office of Institutional Services to administer the state institutions.


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