The short answer New Mexico's Caregivers Criminal History Screening Act mandates fingerprint-based DPS/FBI checks for caregivers at home health, personal care, and HCBS providers, plus mandatory Employee Abuse Registry checks.
What New Mexico requires
New Mexico
Caregivers Criminal History Screening Act. NMSA 1978, § 29-17-2 et seq. and 7.1.9 NMAC require care providers, including home health agencies and personal care services, to submit fingerprints for state Department of Public Safety and FBI checks for all caregivers and hospital caregivers within 20 days of hire.
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Disqualifying convictions. 7.1.9.11 NMAC lists disqualifying felony convictions (homicide, abuse of a child or adult, sexual offenses, robbery, fraud against vulnerable persons, drug trafficking); a disqualified caregiver may seek administrative reconsideration.
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Employee Abuse Registry. The Employee Abuse Registry Act (NMSA § 27-7A-1 et seq.) requires providers to check the Employee Abuse Registry (now administered by the New Mexico Health Care Authority) before hiring; individuals with substantiated abuse, neglect, or exploitation findings may not be employed.
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Conditional employment. Caregivers may work on conditional status pending clearance but must be terminated if a disqualifying conviction is confirmed and no reconsideration is granted.
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The federal baseline (applies in every state)
Federal
No universal federal mandate. There is no federal law requiring criminal background checks for private-pay home care workers; requirements are set state by state. HHS OIG found wide variation in state home health background check requirements, and Medicare Conditions of Participation for home health agencies defer to state law on screening.
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National Background Check Program (ACA Section 6201). Section 6201 of the Affordable Care Act created the CMS National Background Check Program, which awarded grants to more than 25 states to build fingerprint-based, comprehensive background check systems for direct patient access employees of long-term care providers, including home health agencies and personal care providers.
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FCRA obligations. When an agency uses a consumer reporting agency (third-party background check vendor), the federal Fair Credit Reporting Act requires a standalone written disclosure, the applicant's written authorization, and the pre-adverse action / adverse action notice process (copy of the report and Summary of Rights) before rejecting a candidate based on the report.
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OIG exclusion list (LEIE). Home care providers that bill Medicare or Medicaid must not employ or contract with individuals excluded from federal health care programs. HHS OIG maintains the List of Excluded Individuals/Entities (LEIE); CMS and state Medicaid agencies expect screening at hire and monthly thereafter, and payments tied to excluded persons are subject to recovery and civil monetary penalties.
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