HB 131 New Mexico House · 2025 Regular Session

CAREGIVER BACKGROUND CHECKS

HB 131 shifts oversight of caregiver background checks from the New Mexico Department of Health to the Health Care Authority. It expands the list of disqualifying felony convictions (including crimes like child abuse, sexual offenses, and fraud) and allows the Health Care Authority to add more disqualifying offenses through rules. Care providers must conduct nationwide criminal history screenings using fingerprints before hiring caregivers, with results kept confidential. The bill affects all care providers (e.g., hospitals, home care agencies) and caregivers employed in New Mexico.

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

House Passage

Mar 2025

Senate Passage

Mar 2025

Signed into Law

Apr 2025

Introduced Jan 17, 2025 Signed Apr 8, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

JC substitute → Final Version · 6 edits

MODERATE

This bill transfers responsibility for caregiver background checks from the Department of Health to the Health Care Authority, expands the list of disqualifying felonies for caregivers, and adds new criteria for disqualification based on multiple convictions or specific types of abuse. It also establishes a process for notifying providers and caregivers of disqualification decisions and allows the Health Care Authority to disqualify caregivers who pose an unreasonable risk to care recipients.

Scope change

Responsibility for caregiver background checks shifted from the Department of Health to the Health Care Authority, and the scope of disqualifying offenses was expanded to include additional felonies and risk-based disqualification.

SCOPE

Responsibility for caregiver background checks and criminal history screening was transferred from the Department of Health to the Health Care Authority.

ELIGIBILITY

Added new disqualifying felonies including identity theft, cruelty to animals, assault of a peace officer, and crimes involving financial exploitation.

Added a risk-based disqualification provision allowing the Health Care Authority to disqualify caregivers who pose an unreasonable risk to care recipients based on multiple convictions or specific abuse-related crimes.

ENFORCEMENT

Established a requirement for the Health Care Authority to notify both care providers and caregivers of disqualification decisions with specific reasons and record sources.

Created an administrative reconsideration process and right to judicial review for caregivers who are disqualified.

REQUIREMENT

Updated fingerprint submission procedures to be handled by the Health Care Authority rather than the Department of Health.

Floor votes · Senate Mar 21, 2025 · House Mar 13, 2025

How they voted

37–0

Passed · 3 other

Total votes 40

Mar 21, 2025

D Democratic24

23 Yea 1

95% Yea

R Republican16

14 Yea 2

87% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 8, 2025

Signed into law

Signed

executive

Mar 22, 2025

Upper · Passed

passed Senate

upper

Mar 21, 2025

Upper · Passed

DO PASS committee report adopted

upper

Mar 21, 2025

Senate · Passed

Senate Vote: pass (37-0-3)

senate

Mar 13, 2025

Introduced

Sent to Senate Judiciary Committee

upper

Mar 13, 2025

Lower · Passed

passed House

lower

Mar 11, 2025

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Feb 10, 2025

Lower · Passed

WITHOUT RECOMMENDATION committee report adopted

lower

Jan 27, 2025

Introduced

Sent to House Health & Human Services Committee & House Judiciary Committee

lower

Jan 17, 2025

Introduced

Sent to House Pre-file

lower

4 primary · 0 co-sponsors