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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.
Employee Abuse Registry
Health facilities and community based providers must check the Employee Abuse Registry (EAR) prior to hire and avoid employing an individual who has been placed on the registry. All health facilities and community based providers must maintain a printout that verifies the date checked and the employee’s eligibility to hire.
We maintain a database of criminal record information and a registry of all caregivers screened through the Department of Health. It also offers an administrative reconsideration process that allows caregivers to request a reconsideration of the results of a disqualifying conviction, thus allowing an avenue for care providers to retain valuable and/or long-term employees.
Other program benefits include screening applicants for New Mexico residents who work in health facilities around the state for potential disqualifying convictions, as well as rapback notification to NMDOH of any new arrests after an application was cleared.
Process to Check the Registry
Only credentialed users may complete a COR registries check as part of the complete CCHSP background check process.
Petition for Removal from the Registry
After a period of three years from the effective date of placement on the registry, an individual on the registry may petition for removal from the registry. The petition shall be sent to the custodian of the registry. For more information see the following documents.
Employee Abuse Registry Rule
The EAR is established in NMAC 8.370.8. The rule applies to a broad range of New Mexico providers of health care or services and their employees who are not licensed professionals or certified nurse aides.
This rule requires providers to complete a background check of the Employee Abuse Registry prior to hire and avoid employing an individual who has been placed on the registry.
The EAR is an essential piece in the enforcement of the NMDOH policy of “Zero tolerance of abuse, neglect and exploitation” and in the DHI mission of enhancing the quality of health systems for all New Mexicans.
The EAR maintains a current list of individuals who have a substantiated registry-referred employee Abuse, Neglect or Exploitation case involving a recipient of care or services from a provider.
This rule provides for the investigation and determination of complaints alleging abuse, neglect or exploitation of recipients of care or services by employees. This rule further requires listing employees with substantiated registry-referred abuse, neglect or exploitation on the registry, following an opportunity for a hearing.
This rule supplements other pre-employment screening requirements currently applicable to health care providers, such as the requirement for criminal history screening of caregivers employed by care providers subject to the Caregiver Criminal History Screening Act, NMSA 1978 Sections 29-17-1 et seq. and that Act’s implementing rule, NMAC 8.370.5. It also supplements requirements for pre-employment screening of certified nurse aides applicable to nursing facilities pursuant to 42 CFR Sections 483.75(e) and 488.335; and NMAC 8.370.25. This rule does not address the consequences of abuse, neglect, or exploitation for which a provider, as distinguished from an employee, is responsible.
For questions related to the petition process, please email Karen Staszewski or call her at her 505-476-9012 office number.