New Mexico Register / Volume XXXVII,
Issue 21 / November 3, 2026
NOTICE
OF HEARING
The New Mexico
Health Care Authority, through the Division of Health Improvement, is
finalizing repeal and replacement of rule 8.370.22 NMAC Requirements for Home
Health Agencies. These regulations apply
to public, profit or nonprofit home health agencies providing services as
outlined by these regulations, and any facility providing services as outlined by
these regulations which by federal regulation must be licensed by the state of
New Mexico to obtain or maintain full or partial, permanent or temporary
federal funding. Specifically, the
changes include: 8.370.22 NMAC Repeal/replace the existing rule to establish
new updated rule to comply with NMSA 1978 and NMAC rule requirements. Specifically, reformatting all sections, to
include statutory authority, definitions, home health agency and scope of services,
initial licensure procedures, licenses, license renewal, non-transferrable
restriction of license, grounds for revocation or suspension of license and
application, civil monetary penalties, health and age requirements,
administrator, personnel, supervision, training, patient and client rights,
plan of care, patient/client records, reports and records requirements, staff
records, complaints, reporting of incidents, and related regulations and codes.
Section 9-8-6 NMSA
1978, authorizes the HCA Secretary to promulgate rules and regulations that may
be necessary to carry out the duties of the HCA and its divisions.
This notice of
Hearing and the proposed rule changes are available on the HCA website at https://www.hca.nm.gov/dhi-regulations/
Notice Date: November 3, 2026
Hearing Date: December 4, 2026
Proposed Effective
Date: December 22, 2026
A public hearing to
receive testimony on this proposed rule will be held on December 4, 2026 from
10:00 a.m. to 12:00 noon Mountain Time (MT).
The hearing will be in hybrid format, and there are three options for
attending:
1.
Attend
in person by coming to the large conference room at the Administrative Services
Division (ASD), 1474 Rodeo Rd., Santa Fe, NM 87505.
2.
Join
via a Teams Link:
Microsoft Teams meeting
Join: https://teams.microsoft.com/meet/264464672413240?p=NmAE4nP3a4NTDOgyzL
Meeting ID: 264
464 672 413 240
Passcode: TV3Y7ds3
3.
Or
call in (audio only)
Dial
in by phone
+1
505-312-4308,,429694091# United States, Albuquerque
(888)
506-1357,,429694091# United States (Toll-free)
Phone
conference ID: 429 694 091#
If you are a
person with a disability and you require this information in an alternative
format or require a special accommodation to participate in any HCA 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 10 working days advance notice to provide
requested alternative formats and special accommodations.
Interested persons
who do not wish to attend the hearing may submit comments in writing or by
leaving a voicemail.
Address written
comments to:
Division of Health
Improvement
P.O. Box H
Santa Fe, NM 87504
Recorded comments
may be left at (505) 476-9093.
Interested persons may also address comments via electronic mail to: HCA-DHI-Public-Comment@hca.nm.gov. Written mail, electronic mail and recorded
comments must be received no later than 5:00 p.m. on December 3, 2026. Written and recorded comments will be given the
same consideration as oral testimony made at the public hearing. All written comments received will be posted
on the HCA website within three days of the close of the public comment period. The public posting will include the name and
any contact information provided by the commenter.