This bill transfers the responsibility for overseeing caregiver background checks from the Department of Health to the Health Care Authority. It amends Section 29-17-5 NMSA 1978 to authorize the Health Care Authority to receive nationwide criminal history records for caregivers and hospital caregivers, establish rules for the implementation of the Caregivers Criminal History Screening Act, and disqualify caregivers based on specific felony convictions. The bill also expands the list of disqualifying convictions to include offenses such as homicide, human trafficking, and various forms of abuse and exploitation. Additionally, it allows the Health Care Authority to disqualify caregivers who pose an unreasonable risk to care recipients based on their criminal history.

Furthermore, the bill mandates that the Health Care Authority maintain a registry of disqualified applicants and provides for an administrative reconsideration process for those disqualified. It emphasizes the confidentiality of criminal history records and outlines the penalties for unauthorized disclosure. The effective date for the provisions of this act is set for July 1, 2025, and all related functions, records, and equipment will be transferred to the Health Care Authority upon the act's enactment.

Statutes affected:
introduced version: 29-17-5
JC substitute: 29-17-5
Final Version: 29-17-5