Caregiver background check rules in New Mexico

Yes. New Mexico requires a criminal background check before a caregiver works with clients, using fingerprints. Covered care providers must have caregivers complete a nationwide and statewide fingerprint-based criminal history screening and may not hire or keep anyone with a disqualifying conviction. Covered providers include home health agencies, companion or personal care programs funded by the Aging and Long-Term Services Department, and any other licensed or Medicaid-certified care provider; a purely private-pay non-medical agency is not named.

What does the check include?

What should you confirm with the state?

The training hours shown apply only to licensed home health agencies, not to unlicensed non-medical agencies. Background screening applies to non-medical agencies only if they are licensed, Medicaid-certified, or state-funded. Confirm Medicaid program certification requirements with the New Mexico Health Care Authority.

What other checks should you run?

Agencies that bill Medicaid or Medicare should also check the HHS Office of Inspector General exclusion list before hire and monthly, because payments for services by an excluded person can be recovered. If you use a background screening company, the Fair Credit Reporting Act requires written disclosure and the applicant's authorization first.