11-03-2025
Health Care Authority issues emergency rule amid elder abuse spike, legislative reform
Mar. 10—The New Mexico Health Care Authority has issued a new rule meant to curb elder abuse amid rising rates of mistreatment.
The rule allows the state agency to place people with an instance of a substantiated case of abuse, neglect and exploitation on an employee abuse registry. People on the list are barred from continuing as caregivers.
The move — combined with a bill moving through the New Mexico Legislature — is a step toward suppressing rising cases of elder abuse, according to Dan Lanari, director of the Health Care Authority's Division of Health Improvement.
"We see an increase, and then immediately what we have to do is we have to look at, what are the regulations that oversee this," Lanari told the Journal. "What are the regulations in place to prevent this from happening?"
A 2023 annual report from Adult Protective Services, or APS, chronicled 12,560 reports of abuse, neglect and exploitation in the state. The 2024 annual report noted that APS received 14,368 reports, a 4.4% increase. The report attributed the rise to the "growing awareness of adult maltreatment and as well as the continued trust placed in our agency to protect vulnerable adults."
But over four years, the problem has worsened.
At a February hearing of the legislative House Health and Human Services Committee, Lanari testified that, between 2020 and 2024, there had been a 117% increase in abuse, neglect and exploitation cases among people receiving Developmental Disabilities Waiver services and a 76% increase at hospitals, nursing homes and assisted living facilities.
Lanari said there are two ways to impact this: the rule change HCA approved and legislative reform.
House Bill 131, Caregiver Background Checks, would strengthen the review process for those seeking to be caregivers. People convicted of certain felony crimes — including aggravated battery of a household member, sex trafficking, assault of a peace officer, identity theft and animal cruelty — would be unable to become caregivers in the first place.
The bill, sponsored by Rep. Liz Thomson, D-Albuquerque, would bring New Mexico, which has significantly fewer disqualifying convictions, into line with other states. Thomson was unavailable for an interview.
One HCA analysis submitted to the legislature said many states, including Mississippi, Nevada, Oklahoma and Georgia, have as much as 10 times more disqualifying convictions than New Mexico.
"To protect the safety of individuals receiving healthcare is imperative, and that's why we're doing this," Lanari said. "However, we're also doing this very thoughtfully, and we don't want to have a negative impact on the workforce pool."
Lanari pointed out that there is a procedure for people on the list to appeal the decision, and the Authority's data showed that about half of the 340 appeals in 2024 were granted. That's compared to the 53,000 applications submitted that same year.
The bill passed through the House Health and Human Services Committee in February and was scheduled for a hearing in the House Judiciary Committee on Monday.
