State guide
New Mexico Home Care Compliance
All six compliance areas for New Mexico home care agencies, each cited to official sources.
Last reviewed: July 24, 2026
New Mexico at a glance New Mexico's home health licensure moved to the Health Care Authority in 2024 (8.370.22 NMAC replaced the old DOH rule); non-medical personal care is regulated mainly through Medicaid program rules and the Caregivers Criminal History Screening Act. New Mexico's minimum wage is $12.00 (since January 1, 2023, no indexing), with state overtime over 40 hours and the Healthy Workplaces Act requiring up to 64 hours of paid sick leave from all private employers.
Requirements by category
Health Benefits & ACA → New Mexico runs beWellnm, expanded Medicaid with the nation's highest Medicaid coverage share, and has no mandatory auto-IRA or PFL… beWellnmYesNo Occupational Health → New Mexico's home health agency rule (moved to 8.370.22 NMAC effective 7/1/2024 under the Health Care Authority) requires every… Required3+ employees Caregiver Training → New Mexico's home health agency rule (formerly 7.28.2 NMAC, replaced 7/1/2024 by 8.370.22 NMAC under the Health Care Authority) requires… 75 (16 practical)No state hrs; Medicaid PCS 12…12 hrs/yr (HHA) Wage & Hour → New Mexico's minimum wage is $12.00 (since January 1, 2023, no indexing), with state overtime over 40 hours and the Healthy Workplaces Act… $12.001.5x >40Yes (64 hrs/yr) Licensure & Survey Readiness → New Mexico's home health licensure moved to the Health Care Authority in 2024 (8.370.22 NMAC replaced the old DOH rule); non-medical… NM Health Care Authority (DHI)8.370.22 NMAC (2024)Home health agency; personal… Background Checks → New Mexico's Caregivers Criminal History Screening Act mandates fingerprint-based DPS/FBI checks for caregivers at home health, personal… YesEmployee Abuse Registry; nurse…
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Reviewed quarterly by Vitable Health.