Op-Ed Submitted by Sen. Michael S. Sanchez

Senate Majority Leader (D-29-Valencia, Bernalillo)

If you or a member of your family does not receive behavioral health services, you might think that the recent controversy surrounding an audit that alleged widespread fraud, theft, and misuse of public funds by mental health providers doesn’t affect you, think again.  It affects all of us and in ways you might never have considered.

First, it affects the principle of due process.  Even if the closest you’ve ever experienced the legal system is by watching an episode of Law and Order, you know that the accused is presumed innocent until proven guilty.  You know that the accused should be told what he/she is accused of and allowed to defend against the charges.  You know that the facts are presented to a jury to decide guilt or innocence and a judge decides the proper punishment.

The behavioral health providers have been accused of wrongdoing and have had their funding stopped.  All this has been done without being provided with specific information about their alleged wrongdoing.  Governor Martinez and her administration have come out strongly against the providers.  While I agree that the guilty should be punished, they must first be informed of the charges against them, and have had the opportunity to respond.  This is simple fairness, the pillar of our legal system.

Whenever due process is denied to anyone, our legal system is undermined for the next person accused of wrongdoing.  And the next person accused could be you or a family member.

Next, the behavioral health controversy affects our local and state economies.  The accused organizations had many employees providing mental health services throughout New Mexico.  But when the state Human Services Department cut off the providers’ funding, many employees faced reduced hours, no jobs or having to work for unfamiliar Arizona companies.

Jobs are hard to come by in all areas of the state.  When hours are cut, jobs are eliminated and millions of dollars are sent to Arizona companies, New Mexico’s economy is negatively affected.  And that affects all of us.

Finally, representatives of the Martinez administration have criticized state legislators for asking questions and raising concerns about the effects on our most vulnerable, as well as the way the entire situation has been handled.  Legislators have been accused of “defending” the providers and called “shameless politicians”.  Unfortunately, name calling does nothing to solve the serious problems facing our mental health communities throughout the state.  I encourage the administration to work with legislators to help solve the crisis.

Legislators represent the public.  It is our responsibility to give a voice to those who are too often ignored.   Who knows if the next voice that needs to be heard is yours?