New Mexico toughens requirements to become a caregiver
Rep. Elizabeth "Liz" Thomson (D-Albuquerque) is co-sponsoring a bill to tighten background checks for caregivers in New Mexico. (Photo by Leah Romero / Source NM)
People interested in becoming a caregiver for older adults or people with disabilities in New Mexico will face more strict requirements under a new state law but now have a way of appealing if they get rejected.
Gov. Michelle Lujan Grisham on April 7 signed House Bill 131, which enhances background check requirements for caregivers, expanding the list of disqualifying criminal offenses.
At the same time, HB 131 creates an easier pathway for those who qualify for the job, which sponsors hope will help expand the workforce.
Starting July 1, anyone convicted of battery of a household member, animal cruelty, identity theft, human trafficking or assault of a peace officer can be found to pose an 'unreasonable risk' as a caregiver. The new law also allows the Health Care Authority to write rules to add more crimes to the list.
The law already prohibited someone from becoming a caregiver if they had been convicted of homicide; drug trafficking; kidnapping; rape or other sexual offenses; abuse of adults or children; robbery; larceny; burglary; fraud; financial exploitation or embezzlement.
'This law reflects our commitment to protecting the safety and dignity of the New Mexicans who rely on caregiving services,' New Mexico Health Care Authority Secretary Kari Armijo said in a statement. 'By strengthening background checks, we are creating safer environments for vulnerable individuals and providing families with greater peace of mind.'
Two of the bill's co-sponsors in the Legislature told Source NM it is intended to decrease how long it takes to appeal a background check finding, and make the appeals process more effective, after providers gave feedback about it taking too long, which led to applicants giving up and working elsewhere like in the service industry.
Co-sponsor Rep. Elizabeth Thomson (D-Albuquerque), chair of the House Health and Human Services Committee, told Source NM that the bill will help people with disabilities because more people will be able to apply for jobs to care for them. She said there is very high staff turnover at groups homes, nursing homes and other care facilities, and it's difficult to find replacements because caregiving is a demanding job that pays very little.
'These jobs have a lot of responsibility, I mean, this is someone's mother, or grandmother or son that you're taking care of,' Thomson said. 'It can be a very stressful, very physically challenging job, and sometimes downright scary.'
For example, Thomson said she sees new staff working at the group home that houses her own son who is very tall, strong and has severe autism that can result in him engaging in difficult behaviors like smearing his own feces on the walls, ceilings and his own clothing.
Co-sponsor Rep. Kathleen Cates (D-Rio Rancho) told Source NM the bill fits into the legislative session's broader focus on public safety by protecting the most vulnerable people, including those with disabilities.
Cates said the Health Care Authority's Division of Health Improvement asked her to carry the bill. The division runs the state's caregiver background check registry.
'These direct care providers are extraordinarily important in our community, especially now as our community is aging at a higher ratio, and we do not pay them a professional wage,' Cates said.
HB131 does not impact caregivers' pay, but Cates and Thomson say they want to pursue future pieces of legislation to raise their compensation. In 2023, they co-sponsored a law that requires the state to conduct a cost study every two years for caregivers for people with developmental disabilities.
But as soon as the study's findings are implemented, the pay rates are already two years behind inflation, Thomson said.
'Even before I started as a representative, I was an advocate for people with disabilities and even back then in the 1990s, we were saying, 'You're not paying these people enough,'' Thomson said. 'I don't know what the magic number is; I haven't found it.'
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