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The Health Care Authority’s mission is: We ensure that New Mexicans attain their highest level of health by providing whole-person, cost-effective, accessible, and high-quality health care and safety-net services.

Division of Health Improvement

The Division of Health Improvement (DHI) is the regulatory entity providing compliance oversight for the following areas.

  • Health Facility Licensing and Certification licenses health facilities such as: Acute and Continuing care, long-term care, assisted living home care and hospice, free standing birth centers, community mental health centers and other facilities.
  • Community-Based Programs for the Developmental Disabilities Waiver, Medically Fragile Waiver and the Mi Via Waiver.
  • Conducts investigations of Abuse, Neglect & Exploitation for licensed health facilities and home and community-based Medicaid waiver programs.
  • Operates the Caregivers Criminal History Screening Program (CCHSP) which provides criminal background checks on potential caregivers.
  • Operates the Employee Abuse Registry (EAR) also known as, the Consolidated Online Employee Abuse Registry (COR) which provides background checks for all caregivers, ensuring they have not been disqualified by a substantiated case of ANE. Individuals placed on the EAR are not eligible for hire as caregivers.
  • Operates the Certified Nurse Aide Registry (NAR) and Training program.
  • Certifies all clinical laboratories operating in New Mexico meet health and safety requirements.

        What are you looking for today? DHI FAQs:

        Special Announcement regarding Background Checks:

        The New Mexico Department of Public Safety will be transitioning to a new fingerprint supported background checks provider, IDEMIA, effective May 1, 2023. Electronic fingerprinting can still be completed with Gemalto through the end of the day April 28, 2023. Effective immediately, please mail hard copy fingerprint cards to:

        IndentoGo Cardscan Department: New Mexico Program
        340 Seven Springs Way, Suite 250
        Brentwood, TN 37027

        Additional information is available at Caregivers Criminal History Screening.

        Background Checks for Community Based Waiver Service Providers and Support Caregivers

        Effective January 1, 2022, via this notice, all new hired “caregiver” employees of licensed health facilities and home and community-based Medicaid waiver programs who are defined as a “caregiver” (see 29-17-4 NMSA and 7.1.12.2 NMAC) and hired on or after January 1, 2022, shall be in compliance with 29-17-2 et seq and 7.1.12 NMAC and complete a background check at time of hire.

        See memo Background Check Supplement for complete details regarding background checks for caregivers hired between April 1, 2020 and December 31, 2021 Any caregiver hired during the public health emergency and has not had a fingerprint background check must come into compliance by March 31, 2022.

        Enforcement Activities

        DHI enforcement activities include:

        Health facilities and community based waiver programs found out of compliance may be subject to civil monetary penalties or other sanctions as authorized by Centers for Medicare and Medicaid Services or state law.

        Voting Rights for Long Term Care Residents

        Organizational Structure

        The Division of Health Improvement consists of staff members located in 4 field offices across New Mexico with a central office in Santa Fe. Our staff have a variety of professional and educational backgrounds and experiences. Many are licensed as psychologists, nurses, physicians, life safety code engineers, architects, social workers and other related fields, who hold bachelor’s, master’s, and doctoral degrees. We are organized into the following three areas.

        1. Health Facility Licensing and Certification – Consists of District Operations which conducts surveys of Certified Long-term Care health facilities, Program Operations which administers the facility licenses and conducts surveys of acute and continuing care health facilities and the Licensed Oversight bureau which conducts surveys of state licensed only facilities such as, assisted living facilities or boarding homes.
        2. Home and Community Based Waiver Programs – Consists of Incident Management and Quality Management.
        3. Director’s Office – Consists of DHI Administrative Services, Human Resources and the Office of Policy, Planning & Performance Improvement.

        Please see the Human Resources section of our website for a list of Job Opportunities with Division of Health Improvement and obtain our latest organizational chart.

        Customer Satisfaction Surveys

        Has your health facility recently been surveyed by the Division of Health Improvement? If so, we would like to know how we performed.

         Regulations

        Please visit the Regulations page for a complete listing of the rules and regulations which govern the majority of what we do.

        New Emergency Rule and Pending Regulations

        DHI is proposing repealing and replacing  the  Emergency correction to NMAC 8.370.3 Health Facility Licensure Fees and Procedures. The replacement rule can be found on the State Records Center and Archives registry Volume XXXV, Issue 22 publication date 11/19/2024. 

        DHI is also proposing amendments to the Caregivers and Hospital caregivers screening requirements NMAC 8.370.5. The proposed amendments to the rule can be found on the State Records Center and Archives registry Volume XXXV, Issue 22 publication date 11/19/2024. 

        Be sure to visit our Regulations page to view recent updates made to existing rules.

        Notice of Public Hearing  December 20, 2024

        The New Mexico Health Care Authority Division of Health Improvement is finalizing amendments to the caregivers criminal history screening requirements NMAC 8.370.5 to include the removing the previous specific fee amount to complete the screening and applies the actual costs incurred by the authority. It also updates the notification process to include the use of updated electronic communication methods and removes the requirement to use certified mail.
        Specifically, the changes include:
        8.370.5 NMAC
        This is an amendment to 8.370.5 NMAC Section 8 and Section 9 effective 1/28/2025.
        8.370.5.8 CAREGIVER AND HOSPITAL CAREGIVER EMPLOYMENT REQUIREMENTS:
        A. General: The responsibility for compliance with the requirements of the act applies to both the care provider and to all applicants, caregivers and hospital caregivers. All applicants for employment to whom an offer of employment is made or caregivers and hospital caregivers employed by or contracted to a care provider must consent to a nationwide and statewide criminal history screening, as described in Subsections D, E and F of this section, upon offer of employment or at the time of entering into a contractual relationship with the care provider. Care providers shall submit all fees and pertinent application information for all applicants, caregivers or hospital caregivers as described in Subsections D, E and F of this section. Pursuant to Section 29-17-5 NMSA 1978 (amended) of the act, a care provider’s failure to comply is grounds for the state agency having enforcement authority with respect to the care provider to impose appropriate administrative sanctions and penalties.
        B. Exception: A caregiver or hospital caregiver applying for employment or contracting services with a care provider within 12 months of the caregiver’s or hospital caregiver’s most recent nationwide criminal history screening which list no disqualifying convictions shall only apply for a statewide criminal history screening upon offer of employment or at the time of entering into a contractual relationship with the care provider. At the discretion of the care provider a nationwide criminal history screening, additional to the required statewide criminal history screening, may be requested.
        C. Conditional employment: Applicants, caregivers, and hospital caregivers who have submitted all completed documents and paid all applicable fees for a nationwide and statewide criminal history screening may be deemed to have conditional supervised employment pending receipt of written notice given by the authority as to whether the applicant, caregiver or hospital caregiver has a disqualifying conviction.
        D. Application: In order for a nationwide criminal history record to be obtained and processed, the following shall be submitted to the authority on forms provided by the authority.
        (1) A form containing personal identification which has a photograph of the person and which meets the requirements for employment eligibility in accordance with the immigration and nationality act as amended. A reasonable xerographic copy of a drivers license photograph will suffice under Subsection D of 8.370.5.8 NMAC.
        (2) A signed authorization for release of information form.
        (3) Three complete sets of readable fingerprint cards or other authority approved media acceptable to the department of public safety and the federal bureau of investigation submitted using black ink.
        (4) The fee specified by the authority for the nationwide and statewide criminal history screening investigation [shall not exceed $74. Of which, $24 shall be applied for the federal bureau of investigation nationwide criminal history screening, seven dollars shall be applied for the statewide criminal history screening. The remaining application fee] shall be applied to cover costs incurred by the authority to support activities required by the act and these rules. The fees will not be applied to any other activity or expense undertaken by the authority.
        (5) If the applicant, caregiver or hospital caregiver must submit another readable set of fingerprint cards upon notice that the fingerprint cards previously submitted were found unreadable, as determined by the federal bureau of investigation or department of public safety, the submission of a second set of fingerprint cards is required, a separate fee will not be charged. A fee shall be charged for submission of a third and subsequent fingerprint sets.
        (6) If the applicant, caregiver or hospital caregiver has a physical or medical condition which prevents the applicant, caregiver or hospital caregiver from producing readable fingerprints using commonly available fingerprinting techniques, the applicant, caregiver or hospital caregiver shall submit the fingerprint cards with a notarized affidavit signed by the applicant, caregiver, hospital caregiver, returned to the authority within 14 calendar days, as determined by the postmark, which provides:
        (a) identification of the applicant, caregiver or hospital caregiver; and
        (b) an explanation of, or a statement describing, the applicant’s, caregiver’s or hospital caregiver’s good faith efforts to supply readable fingerprints; and
        (c) the physical or medical reason that prevents the applicant, caregiver or hospital caregiver from producing readable fingerprints using commonly available fingerprinting techniques;
        (d) an applicant, caregiver or hospital caregiver meeting the conditions of this paragraph and who has resided in the state of New Mexico for less than 10 years must also submit a 10 year work history in addition to the required affidavits.
        (7) All documentation submitted to the authority for the purposes of criminal history screening and for the purposes set forth in 8.370.5.9 NMAC and 8.370.5.10 NMAC shall become the sole property of the authority with the exception of fingerprint cards which shall be destroyed upon clearance by both the federal bureau of investigation and department of public safety. All other submitted documentation shall be retained by the authority for a period of one year from the final date of closure and thereafter shall be archived.
        E. Fees: The federal bureau of investigation has a mandatory processing fee with no exceptions. The authority and department of public safety impose a state processing and administrative fee. The fee payment must accompany the fingerprint application, or otherwise be credited to the authority prior to or at the same time with the authority’s receipt of the application documents. The manner of payment of the fee is by bank cashier check or money order payable to the New Mexico health care authority or other method of funds transfer acceptable to the authority. Business checks will be accepted unless the business tendering the check has previously tendered a check to the authority unsupported by sufficient funds. Neither cash nor personal checks will be accepted. The fee may be paid by the care provider or by the applicant, caregiver or hospital caregiver. The authority will set a fee in addition to the fees imposed by department of public safety and the federal bureau of investigation that will fully and completely cover costs incurred by the authority to support activities required by the act and these rules. The fees will not be applied to any other activity or expense undertaken by the authority.
        F. Timely submission: Care providers shall submit all fees and pertinent application information for all individuals who meet the definition of an applicant, caregiver or hospital caregiver as described in Subsections B, D and K of 8.370.5.7 NMAC, no later than 20 calendar days from the first day of employment or effective date of a contractual relationship with the care provider.
        G. Maintenance of records: Care providers shall maintain documentation relating to all employees and contractors evidencing compliance with the act and these rules.
        (1) During the term of employment, care providers shall maintain evidence of each applicant, caregiver or hospital caregiver’s clearance, pending reconsideration, or disqualification.
        (2) Care providers shall maintain documented evidence showing the basis for any determination by the care provider that an employee or contractor performs job functions that do not fall within the scope of the requirement for nationwide or statewide criminal history screening. A memorandum in an employee’s file stating “This employee does not provide direct care or have routine unsupervised physical or financial access to care recipients served by (name of care provider)” together with the employee’s job description, shall suffice for record keeping purposes.
        [8.370.5.8 NMAC – N, 7/1/2024, A, 01/28/2025]
        8.370.5.9 CAREGIVERS OR HOSPITAL CAREGIVERS AND APPLICANTS WITH DISQUALIFYING CONVICTIONS:
        A. Prohibition on employment: A care provider shall not hire or continue the employment or contractual services of any applicant, caregiver or hospital caregiver for whom the care provider has received notice of a disqualifying conviction, except as provided in Subsection B of this section.
        (1) In cases where the criminal history record lists an arrest for a crime that would constitute a disqualifying conviction and no final disposition is listed for the arrest, the authority will attempt to notify the applicant, caregiver or hospital caregiver and request information from the applicant, caregiver or hospital caregiver within timelines set forth in the authority’s notice regarding the final disposition of the arrest. Information requested by the authority may be evidence, for example, a certified copy of an acquittal, dismissal or conviction of a lesser included crime.
        (2) An applicant’s, caregiver’s or hospital caregiver’s failure to respond within the required timelines regarding the final disposition of the arrest for a crime that would constitute a disqualifying conviction shall result in the applicant’s, caregiver’s or hospital caregiver’s temporary disqualification from employment as a caregiver or hospital caregiver pending written documentation submitted to the authority evidencing the final disposition of the arrest. Information submitted to the authority may be evidence, for example, of the certified copy of an acquittal, dismissal or conviction of a lesser included crime. In instances where the applicant, caregiver or
        hospital caregiver has failed to respond within the required timelines the authority shall provide notice by [certified] mail or electronic communication that an employment clearance has not been granted. The care provider shall then follow the procedure of Subsection A of 8.370.5.9 NMAC.
        (3) The authority will not make a final determination for an applicant, caregiver or hospital caregiver with a pending potentially disqualifying conviction for which no final disposition has been made. In instances of a pending potentially disqualifying conviction for which no final disposition has been made, the authority shall notify the care provider, applicant, caregiver or hospital caregiver by [certified] mail or electronic communication that an employment clearance has not been granted. The care provider shall then follow the procedure of Subsection A of 8.370.5.9 NMAC.
        B. Employment pending reconsideration determination: At the discretion of the care provider, an applicant, caregiver or hospital caregiver whose nationwide criminal history record reflects a disqualifying conviction and who has requested administrative reconsideration may continue conditional supervised employment pending a determination on reconsideration.
        C. Notice of final determination of disqualification: Upon receipt of a notice of final determination of disqualification a care provider shall:
        (1) immediately and permanently remove an applicant, caregiver or hospital caregiver from any position of employment that meets the definition of an applicant, caregiver or hospital caregiver as set forth in Subsections D and K of 8.370.5.7 NMAC; and
        (2) notify the authority by letter within 14 calendar days, as determined by the postmark, of the date and type of action taken to satisfy the removal requirements of as set forth in Paragraph (1) of Subsection C of this section via written documentation signed by an authorized agent of the care provider.
        [8.370.5.9 NMAC – N, 7/1/2024; A, 01/28/2025]

        A public hearing to receive testimony on this proposed rule will be held on December 20, 2024, 10:00 a.m-10:50 a.m. The public hearing will be a Hybrid, via Zooms as well as in person, pursuant to Section 14-4-5.6 NMSA 1978.
        Join on your computer, mobile app, or room device

        When: Dec 20, 2024 10:00 AM Mountain Time (US and Canada)
        Topic: Proposed Rule Amendments NMAC 8.370.5
        Please click the link below to join the Zoom webinar:
        https://us02web.zoom.us/j/85286498652?pwd=syfaoHRRy6CMHKbHcxt00mzLg7sFKR.1
        Passcode: 230418
        Or One tap mobile :
        +12532050468,,85286498652#,,,,*230418# US
        +12532158782,,85286498652#,,,,*230418# US (Tacoma)
        Or Telephone:
        Dial(for higher quality, dial a number based on your current location):
        +1 253 205 0468 US
        +1 253 215 8782 US (Tacoma)
        +1 346 248 7799 US (Houston)
        +1 669 444 9171 US
        +1 669 900 6833 US (San Jose)
        +1 719 359 4580 US
        +1 646 931 3860 US
        +1 689 278 1000 US
        +1 929 436 2866 US (New York)
        +1 301 715 8592 US (Washington DC)
        +1 305 224 1968 US
        +1 309 205 3325 US
        +1 312 626 6799 US (Chicago)
        +1 360 209 5623 US
        +1 386 347 5053 US
        +1 507 473 4847 US
        +1 564 217 2000 US
        Webinar ID: 852 8649 8652
        Passcode: 230418
        International numbers available: https://us02web.zoom.us/u/kdN3OvRZyX
        All written comment may be dropped off during the scheduled hearing time (see above) at the Division of Health Improvement offices, at the Hozho conference room #109, 5300 Homestead Rd. NE, Albuquerque NM 87110.
        Individuals wishing to testify may contact the Division of Health Improvement (DHI), P.O. Box H, Santa Fe, NM 87504, or by calling (505) 476-9093.
        Individuals who do not wish to attend the hearing may submit written or recorded comments. Written or recorded comments must be received by 5:00 p.m. on the date of the hearing, December 20, 2024. Please send comments to: Division of Health Improvement P.O. Box H Santa Fe, NM 87504, Recorded comments may be left at (505) 476-9093. You may send comments electronically to: dhi.hearingrequest@doh.nm.gov. Written and recorded comments will be posted to the agency’s website within 3 days of receipt. All comments will be given the same consideration as oral testimony made at the public hearing.
        If you are a person with a disability and you require this information in an alternative format, or you require a special accommodation to participate in any HSD public hearing, program, or service, please contact the American Disabilities Act Coordinator, at Office-505-709-5468, Fax-505-827-6286 or through the New Mexico Relay system, toll free at #711. The Department requests at least a 10-day advance notice to provide requested alternative formats and special accommodations.

        Notice of Public Hearing  December 20, 2024

        NOTICE OF PUBLIC HEARING
        The New Mexico Health Care Authority Division of Health Improvement is finalizing repeal and replacement of the temporary emergency rule 8.370.3 NMAC Health Facility Licensing Fees and Procedures.

        View the proposed rule:

        8.370.3 NMAC Health Facility Licensing Fees and Procedures.

        These regulations apply to any health facility as defined by Subsection D of 24-1-2 NMSA 1978, as amended, which is licensed or is required to be licensed, or any health facility which by federal regulations must be licensed to obtain or maintain federal funding. The purpose of these
        regulations is to set licensing fees for health facilities, add the ability to accept electronic payment of fees, update language, incorporate standardized rule language, correcting citation format. Fees are charged in order to partially defray the cost to the state of New Mexico of the
        licensing process, including the cost of on-site facility surveys by the licensing authority.

        Specifically, the changes include:
        8.370.3 NMAC Repeal/replace the expiring emergency rule to establish new update rule to comply with federal regulations as well as NMAC rule requirements. (Specifically, updated sections include: 7, 10, 11 & 12)

        A public hearing to receive testimony on this proposed rule will be held on December 20, 2024, 11:00 a.m-12:00 p.m. The public hearing will be a Hybrid, via Zoom as well as in person, pursuant to Section
        14-4-5.6 NMSA 1978.
        Join on your computer, mobile app, or room device
        Please click the link below to join the webinar:
        https://us02web.zoom.us/j/81506490208?pwd=p9Uir30rxDyxPUxIGHQPVEuOtEAvoa.1

        Passcode: 566614

        Or One tap mobile :
        +13462487799,,81506490208#,,,,*566614# US (Houston)
        +16694449171,,81506490208#,,,,*566614# US

        Or Telephone:
        Dial(for higher quality, dial a number based on your current location):
        +1 346 248 7799 US (Houston)
        +1 669 444 9171 US
        +1 669 900 6833 US (San Jose)
        +1 719 359 4580 US
        +1 253 205 0468 US
        +1 253 215 8782 US (Tacoma)
        +1 301 715 8592 US (Washington DC)
        +1 305 224 1968 US
        +1 309 205 3325 US
        +1 312 626 6799 US (Chicago)
        +1 360 209 5623 US
        +1 386 347 5053 US
        +1 507 473 4847 US
        +1 564 217 2000 US
        +1 646 931 3860 US
        +1 689 278 1000 US
        +1 929 436 2866 US (New York)
        Webinar ID: 815 0649 0208
        Passcode: 566614
        International numbers available: https://us02web.zoom.us/u/kcZxNhTxC
        All written comment may be dropped off during the scheduled hearing time (see above) at the
        Division of Health Improvement offices, at the Hozho conference room #109, 5300 Homestead Rd. NE,
        Albuquerque NM 87110.

        Individuals wishing to testify may contact the Division of Health Improvement (DHI), P.O. Box H,
        Santa Fe, NM 87504, or by calling (505) 476-9093.
        Individuals who do not wish to attend the hearing may submit written or recorded comments. Written
        or recorded comments must be received by 5:00 p.m. on the date of the hearing, December 20, 2024.
        Please send comments to: Division of Health Improvement P.O. Box H Santa Fe, NM 87504, Recorded
        comments may be left at (505) 476- 9093. You may send comments electronically to:
        dhi.hearingrequest@doh.nm.gov. Written and recorded comments will be posted to the agency’s website
        within 3 days of receipt. All comments will be given the same consideration as oral testimony made
        at the public hearing.

        If you are a person with a disability and you require this information in an alternative format, or
        you require a special accommodation to participate in any HSD public hearing, program, or service,
        please contact the American Disabilities Act Coordinator, at Office-505-709-5468, Fax-505-827-6286
        or through the New Mexico Relay system, toll free at #711. The Department requests at least a
        10-day advance notice to provide requested alternative formats and special accommodations.

         

        Community Programs

        IMB Reporting Guidelines and Forms:

        IMB Annual Reports

        Community Provider Survey Report of Findings

        Field Tools

        Please visit the Field Tools page to explore the various field tools such as Case Management, Living Care and Arrangements, and Community Inclusion.

        ANE Training for Community Providers

        Licensed Health Facilities

        Search Licensed Health Facilities Survey Report of Findings

        Search Medicare Nursing Home Compare

        Nursing Home Compare provides details on nursing homes across the country. This includes nursing home inspection results, staffing levels, enforcement actions that the federal government have taken against the nursing homes and how well nursing home residents were treated in specific areas of care.

        .