The short answer New Mexico's home health agency rule (moved to 8.370.22 NMAC effective 7/1/2024 under the Health Care Authority) requires every patient-contact staff member's file to contain a health certificate stating the employee is free of transmissible TB per infectious disease bureau requirements. Workers' comp is required at 3 or more employees.
What New Mexico requires
New Mexico
TB clearance required. 8.370.22.37 NMAC (Staff Records) requires each staff record for a person with patient/client contact to contain a health certificate stating the employee is free from tuberculosis in a transmissible form as required by the infectious disease bureau of the public health division.
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Rule transition. The former DOH rule (7.28.2 NMAC) was repealed and replaced by 8.370.22 NMAC (Health Care Authority) effective 7/1/2024.
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Workers' comp at 3+ employees. Coverage is required for employers with 3 or more workers (owners and part-timers count); construction-licensed employers need coverage regardless of headcount (NM Workers' Compensation Administration).
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The federal baseline (applies in every state)
Federal
No federal TB mandate for home care workers. There is no federal law requiring tuberculosis screening of home care or home health workers; TB screening obligations for this workforce are set by each state's facility licensing law. Federal Medicare Conditions of Participation for home health agencies (42 CFR Part 484) require an infection-prevention program but do not prescribe worker TB testing.
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2019 CDC/NTCA baseline screening standard. The 2019 CDC/National Tuberculosis Controllers Association recommendations for U.S. health care personnel call for a baseline (pre-placement) individual TB risk assessment, symptom evaluation, and a TB test (IGRA or TST) for those without documented prior positive results. Routine annual (serial) testing of health care personnel is no longer recommended absent ongoing exposure; instead facilities should provide annual TB education and symptom screening.
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Positive-result workup. Personnel with a newly positive TB test or TB symptoms should receive a chest X-ray and clinical evaluation to rule out active TB disease; those found to have latent TB infection should be offered and encouraged to complete LTBI treatment per CDC guidance.
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OSHA Bloodborne Pathogens Standard (29 CFR 1910.1030). OSHA's Bloodborne Pathogens Standard applies to home care/home health workers with reasonably anticipated exposure to blood or other potentially infectious materials. Employers must maintain a written exposure control plan, provide annual training, and offer the hepatitis B vaccine series at no cost within 10 working days of assignment to covered workers.
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