45th legislature - STATE OF NEW MEXICO - first session, 2001

REQUESTING THE DEPARTMENT OF HEALTH AND THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO ACT AS LEAD AGENCIES IN DEVELOPING A PLAN FOR AN ABUSE, NEGLECT AND EXPLOITATION REGISTRY FOR STAFF WHO WORK IN COMMUNITY-BASED LONG-TERM SERVICES AND BEHAVIORAL HEALTH PROGRAMS AND IN DESIGNATED NON-ACUTE HEALTH CARE FACILITIES.

WHEREAS, numerous vulnerable New Mexicans receive health care services in community-based and facility settings; and

WHEREAS, the state is committed to assuring a safe environment from abuse, neglect and exploitation for these vulnerable persons; and

WHEREAS, the department of health has been successful in the administration of a "nurse aid registry" in the state's medicaid nursing facilities for staff with a history of substantiated abuse, neglect or exploitation; and

WHEREAS, the children, youth and families department has been successful in the administration of a program of investigations of allegations of abuse, neglect and exploitation of adults; and

WHEREAS, it is in the best interest of the state to have a broader system to prevent persons with a history of substantiated abuse, neglect and exploitation from being employed in adult community-based programs and health care facilities;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of health and the children, youth and families department jointly, in cooperation with consumers of these health care services, provider organizations, advocacy groups, other state agencies and other interested parties, determine the feasibility of, and cost associated with, the establishment of an abuse, neglect and exploitation registry that would identify persons with a history of substantiated abuse, neglect and exploitation and would exclude such persons from employment in community-based programs and health care facilities; and

BE IT FURTHER RESOLVED that the department of health and the children, youth and families department report their findings and recommendations to the legislative health and human services committee by November 1, 2002 for consideration by the forty-sixth legislature; and

BE IT FURTHER RESOLVED that a copy of this memorial be sent to the legislative health and human services committee, the secretary of health and the secretary of children, youth and families.