HOUSE BILL 245
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Edward C. Sandoval
AN ACT
RELATING TO HEALTH; ENACTING THE HEALTH CARE REGISTRY ACT; ESTABLISHING A REGISTRY OF EMPLOYEES GUILTY OF ABUSE, NEGLECT OR EXPLOITATION; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Health Care Registry Act".
Section 2. DEFINITIONS.--As used in the Health Care Registry Act:
A. "department" means the department of health;
B. "employee" means a person providing services to the developmentally disabled, physically disabled or elderly, including a personal care attendant funded through the medicaid program;
C. "provider" means a managed care organization or a community provider of services to the developmentally disabled, physically disabled or elderly; and
D. "secretary" means the secretary of health.
Section 3. REGISTRY OF EMPLOYEES GUILTY OF ABUSE, NEGLECT OR EXPLOITATION.--
A. The department shall establish a registry of employees who have been found guilty of committing abuse, neglect or exploitation pursuant to the provisions of the Health Care Registry Act.
B. Before a provider or governmental entity hires, contracts with or employs an employee, the provider or governmental entity shall inquire whether the employee is included in the registry.
C. When the department receives an inquiry regarding whether the employee is included in the registry, the department shall inform the person making the inquiry whether the employee is included in the registry.
D. Providers and governmental entities that hire employees shall maintain documentation demonstrating affirmative proof of having checked the registry for each applicant.
E. A provider or a governmental entity shall not hire, contract with or employ an employee who is included in the registry.
F. A division of the department or a governmental agency representing the developmentally disabled, physically disabled or elderly or contracting for the personal care attendant option of the medicaid program shall not enter into a new contract or renew a contract with a provider or a governmental entity that fails to comply with the provisions of Subsection E of this section.
G. A provider or a governmental entity that fails to hire or retain an employee or applicant because the employee or applicant is included in the registry shall not be liable for damages in a civil action brought by the employee or applicant for employment.
H. An employee may petition the department for removal of the employee's name from the registry if there was a finding of neglect. Petitions for removal will not be accepted when the finding is for abuse or exploitation. Petitions for removal shall be in writing and mailed or hand-delivered to the department.
I. The department shall promulgate rules as necessary to carry out the provisions of the Health Care Registry Act.
Section 4. REVIEW OF REPORT OF ABUSE, NEGLECT OR EXPLOITATION--HEARING--INCLUDING IN THE REGISTRY.--
A. In addition to other actions required by law, the department shall review each report it receives of abuse or neglect of an individual with developmental disabilities or physical disabilities or an elderly individual or exploitation of such an individual's property that includes an allegation that an employee was responsible for the abuse, neglect or exploitation. The department shall review the reports it receives from the children, youth and families department or an adult protective services agency only after the human services department completes its investigation pursuant to Section 27-7-19 NMSA 1978.
B. The department shall:
(1) investigate the allegation and determine whether there is a reasonable basis for the allegation; and
(2) if it determines there is a reasonable basis for the allegation, conduct a fair hearing pursuant to the provisions of the Administrative Procedures Act at the request of the employee who has been determined to be guilty of abuse, neglect or exploitation.
C. If the secretary, or the secretary's designee, determines that abuse, neglect or exploitation has occurred, the secretary, or the secretary's designee, shall notify by mail the employee implicated in the investigation and the provider or governmental entity that employs the implicated employee:
(1) of the nature of the allegation;
(2) of the date and time of the occurrence;
(3) of the employee's right to a hearing;
(4) of the department's intent to report the substantiated findings, once the employee has had the opportunity for a hearing, to the registry and other appropriate licensing authorities; and
(5) that the employee's failure to request a hearing in writing within thirty days from the date of the notice shall result in the department's reporting the substantiated findings to the provider or governmental entity that employs the implicated employee and to the registry.
D. The secretary shall not include in the registry an employee who has been found not guilty by a court of an offense arising from the same facts.
Section 5. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the department of health for expenditure in fiscal years 2005 and subsequent fiscal years to administer a registry of employees who have been found guilty of committing abuse, neglect or exploitation of the developmentally disabled, physically disabled or elderly. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
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