New Mexico Register / Volume XXXVI,
Issue 24 / December 23, 2025
NOTICE
OF PUBLIC HEARING
The New Mexico
Health Care Authority Division of Health Improvement is finalizing repeal and
replacement of the rule 8.370.8 NMAC Employee Abuse Registry.
These regulations
apply to a broad range of New Mexico providers of health care and services and
employees of these providers who are not licensed health care professionals or
certified nurse aides. This rule
requires that providers check with the registry and avoid employing an
individual on the registry. This rule
provides for the investigation and determination of complaints alleging abuse,
neglect or exploitation of recipients of care or services by employees. This rule further requires listing employees
with substantiated registry-referred abuse, neglect or exploitation on the
registry, following an opportunity for a hearing. This rule supplements other pre-employment
screening requirements currently applicable to health care providers, such as
the requirement for criminal history screening of caregivers employed by care
providers subject to the Caregiver Criminal History Screening Act, Sections
29-17-1 et seq. NMSA 1978, and that Act’s implementing rule, 8.370.5 NMAC. It also supplements requirements for
pre-employment screening of certified nurse aides applicable to nursing
facilities pursuant to 42 CFR Sections 483.75(e) and 488.335; and 8.370.25
NMAC. This rule does not address the
consequences of abuse, neglect, or exploitation for which a provider, as
distinguished from an employee, is responsible.
Specifically, the
changes include: 8.370.8 NMAC
Repeal/replace the
expiring emergency rule to establish new updated rule to comply with federal
regulations as well as NMAC rule requirements. Specifically, reformatting Section 7
definitions, updating the reporting contact information in Section 9, updating
the investigation timelines in Section 10, and the severity standard in Section
11. The proposed rule may be viewed at the Division of Health Improvement
website at https://www.hca.nm.gov/dhi-regulations/.
A public hearing
to receive testimony on this proposed rule will be held on January 26th,
2026 10:00 a.m. The public hearing will be a Hybrid, via Zoom
as well as in person, pursuant to Section 14-4-5.6 NMSA 1978.
Join on your
computer, mobile app, or room device.
You are invited to
a Zoom webinar!
When: January 26th,
2026, 10:00 AM Mountain Time (US and Canada)
Topic: DHI Rules
Hearing ( 8.321.13, 8.370.3, 8.370.8, 8.370.12, 8.370.17 )
Description:
8.370.8 Employee
Abuse Registry
Join from PC, Mac,
iPad, or Android:
https://us02web.zoom.us/j/81120401229?pwd=K0HaayYSwgtr9vVTYker7FgyZstqHD.1
Passcode:832267
Or call in (audio
only)
Dial in by phone,
Phone one-tap:
+16694449171,,81120401229#,,,,*832267#
US
+16699006833,,81120401229#,,,,*832267#
US (San Jose)
Join via audio:
+1 669 444 9171 US
+1 669 900 6833 US
(San Jose)
+1 719 359 4580 US
+1 253 205 0468 US
+1 253 215 8782 US
(Tacoma)
+1 346 248 7799 US
(Houston)
+1 305 224 1968 US
+1 309 205 3325 US
+1 312 626 6799 US
(Chicago)
+1 360 209 5623 US
+1 386 347 5053 US
+1 507 473 4847 US
+1 564 217 2000 US
+1 646 931 3860 US
+1 689 278 1000 US
+1 929 436 2866 US
(New York)
+1 301 715 8592 US
(Washington DC)
Webinar ID: 811
2040 1229
Passcode: 832267
International
numbers available: https://us02web.zoom.us/u/kdK3rrPdf
All written comments
may be dropped off during the scheduled hearing time (see above) at the
Division of Health Improvement offices, 5300 Homestead Rd. NE, Albuquerque NM
87110 at the Hozho conference room #109.
Individuals
wishing to testify may contact the Division of Health Improvement (DHI), P.O.
Box H, Santa Fe, NM 87504, or by calling (505) 476-9093.
Individuals who do
not wish to attend the hearing may submit written or recorded comments. Written or recorded comments must be received
by 5:00 p.m. on January 26th, 2026, 10:00 AM. Please send comments to: Division of Health
Improvement P.O. Box H Santa Fe, NM 87504, Recorded comments may be left at
(505) 476-9093. You may send comments
electronically to HCA-DHI-Public-Comment@hca.nm.gov
Written and
recorded comments will be posted to the agency’s website within 3 days of
receipt. All comments will be given the
same consideration as oral testimony made at the public hearing.
If you are a
person with a disability and you require this information in an alternative
format, or you require a special accommodation to participate in any HSD public
hearing, program, or service, please contact the American Disabilities Act
Coordinator, at Office-505-709-5468, Fax-505-827-6286 or through the New Mexico
Relay system, toll free at #711. The
Department requests at least a 10-day advance notice to provide requested
alternative formats and special accommodations.