Panel moves bill to shift caregiver background checks to Health Care Authority, expand disqualifying offenses

Chair Thompson introduced House Bill 131, which transfers responsibility for caregiver criminal history background checks from the Department of Health to the Health Care Authority (HCA) and expands the list of convictions that disqualify an applicant for caregiver positions. “We are seeing an increase in severe cases of abuse, neglect, and exploitation in our state,” Dan Lanari, director of the Division of Health Improvement at HCA, told the committee and cited data showing increases in severe incidents involving individuals on DD waivers and in health care facilities.

The bill enumerates categories of convictions that would disqualify an applicant for caregiver employment — including homicide, trafficking, controlled substance offenses and (specified in the draft) battery of a household member — and adds items such as assault of a police officer, identity theft and cruelty to animals. It also includes a clause allowing the HCA to promulgate rules to add additional disqualifying convictions.

Provider groups and disability advocates broadly supported the bill’s intent to protect vulnerable New Mexicans but raised concerns about two elements: (1) permitting administrative rulemaking to add disqualifying crimes and (2) the scope and wording of specific listed offenses. Jim Copeland of the Association of Developmental Disabilities Community Providers and Mark Schinner, CEO of CARC, said they share the goal of protecting residents but worried the rulemaking authority could be used in the future to add misdemeanor offenses and unintentionally exclude qualified workers. Schinner gave an example where a misdemeanor battery conviction arose from contested facts and argued the statute should not automatically bar such workers without a careful appeals process.

Chair Thompson and HCA staff described existing safeguards: disqualified applicants have 14 days to submit an appeal, and the appeals committee meets weekly to review cases; HCA staff said many appeals involve older convictions and rehabilitation claims. Counsel clarified that some household member battery offenses can be charged as aggravated or elevated crimes under particular statutes, which may appear as higher‑level offenses depending on circumstances.

Committee members proposed amendments and flagged several drafting issues: Representative Martinez and others pressed the sponsor about whether the bill should leave conviction classification to agencies, remove the word “felony” from the statutory list to focus on the underlying conduct, or add time limits for how old convictions should be before they are disqualifying. Representative Cates suggested including a rehabilitation pathway and noted the offender rehabilitation process could be used. Several members urged friendly amendments in the Judiciary Committee to tighten language and limit unintended workforce impacts.

The committee voted 10‑0 to give HB131 a due pass with no recommendation so sponsors and stakeholders can refine language in subsequent committee hearings.