Latest news with #DevelopmentalDisabilitiesWaiver
Yahoo
13-03-2025
- Health
- Yahoo
Lawmakers move caregiver disqualifications bill forward
Mar. 12—Lawmakers are advancing legislation to the House floor that strengthens background checks for people seeking to become caregivers. House Bill 131, Caregiver Background Checks, hopes to reduce the rate of abuse, neglect and exploitation of the elderly, which has risen significantly in the last four years, according to the state Health Care Authority. "This bill, basically, puts some more (crimes) that can be disqualifying in terms of caregivers," Rep. Liz Thomson, the legislation's sponsor, told the House Judiciary Committee on Monday. If passed, people convicted of aggravated battery of a household member, human trafficking, assault of a peace officer, identity theft, and animal cruelty would fail background checks and be unable to become caregivers. It adds to a list of other criminal convictions that disqualify applicants. According to the HCA, there has 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 from 2020 to 2024. The HCA said New Mexico also has a less extensive list of disqualifying crimes compared to other U.S. states. This bill would bring the state more in line with other states, including Mississippi and Nevada, the HCA said. The House Judiciary Committee moved Thomson's bill forward with a 9-0 vote late Monday. There was little opposition to the bill. One person expressed concern about a lack of oversight in transferring responsibility from the state Department of Health to the HCA. Others raised concerns that the bill would reduce the number of applicants amid a health care provider shortage, something the HCA argues is unlikely. Thomson, an Albuquerque Democrat, told the Journal she was unsure when the bill would get a hearing but said it was a critical piece of legislation. The session is set to wrap up on March 22.
Yahoo
11-03-2025
- Health
- Yahoo
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.
Yahoo
20-02-2025
- Health
- Yahoo
Stricter background checks for caregivers finds major support at the Roundhouse
A senior woman being assisted to walk using a walker by caregiver at park. (Stock photo by Thianchai Sitthikongsak via Getty Images) New Mexico is facing an increase in severe cases of abuse, neglect and exploitation of disabled and older residents, according to Dan Lanari, director of the Health Care Authority's Division of Health Improvement. Lanari told members of the House Health and Human Services Committee this month that between Fiscal Year 2020 and 2024, a 117% increase occurred in such cases for people receiving Developmental Disabilities Waiver services, while there was a 76% increase in cases at health care facilities, including hospitals, nursing homes and assisted living facilities. 'Examples of these are medical neglect resulting in death, medical neglect resulting in a broken jaw of individuals, exploitation exceeding $10,000 of individuals,' he said. Lanari joined Rep. Elizabeth Thomson (D-Albuquerque), who chairs the Health and Human Services Committee, to present House Bill 131 to committee members Feb. 7. The bill proposes stricter background checks for caregivers, which he said is the 'safeguard' in place to protect people from bad actors. However, New Mexico law only included about 10% of disqualifying convictions as other states, Lanari said. 'We see that as a need to close the gap to ensure the safety of individuals receiving health care in our state,' Lanari said during the meeting. HB 131 proposes adding several felony convictions to a list of charges that disqualify a person from being accepted as a caregiver, including felony crimes of sex trafficking, assault of a peace officer, identity theft and cruelty to animals. The bill would move oversight from the Department of Health to the Health Care Authority, and would also allow the HCA to add to the list of disqualifying convictions. 'It is a fine line. We want to catch all the bad folks, but we don't want to make so many people ineligible. We already can't fill the positions,' Thomson said during the meeting. 'I just want reassurance that the people who are taking care of my autistic son and his housemates will provide the love and support and caregiving that I would [give] my own son,' Jodi McGinnis Porter, deputy communications director for Gov. Michelle Lujan's office, told lawmakers during the committee meeting. 'If they have a criminal background, they shouldn't be in this business.' In 2023, the health department terminated multiple contracts with providers caring for people through the state's Developmental Disabilities Waiver, after a case involving abuse and neglect of a client. That case prompted state wellness checks throughout the system, as well as criminal charges. Thomson told Source NM she hopes this bill will set a stronger foundation for building the caregiving workforce in the state. She added that another major component of attracting qualified people to be caregivers is increasing pay. 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) Thomson explained that her son has significant autism and lives in a DD Waiver group home. 'He's most of the time a delight, but when he's not, he's really scary. And when you can go to McDonald's and make $5-an-hour more and not have to deal with that level of fear, which I totally understand, we've got to figure out some way to pay folks more so that we can get qualified people,' Thomson told Source NM. Representatives from the Association of Developmental Disabilities Community Providers, Disability Rights New Mexico and several other organizations spoke in favor of the bill, though voiced concerns about allowing HCA to later add more rules disqualifying caregiver applicants. Committee members joined in the skepticism, asking Thomson to make amendments to some of the wording in the bill. 'If you've had the most vulnerable of the population, which is somebody you love, been abused, it changes your scope and I've been there with my grandparents,' Rep. Elaine Sena Cortez (R-Hobbs) said during the meeting. HB 131 passed the House Health and Human Services Committee but without recommendation. It heads to the House Judiciary Committee next. This article was written with the support of a journalism fellowship from The Gerontological Society of America, The Journalists Network on Generations and The NIHCM Foundation. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
