Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Sedillo Lopez
LAST UPDATED
ORIGINAL DATE 02
/28/2025
SHORT TITLE Caregiver Background Checks
BILL
NUMBER Senate Bill 222
ANALYST Rommel
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
HCA 0
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Nonrecurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to Senate Bill 266, Duplicates House Bill 131
Sources of Information
LFC Files
Agency Analysis Received From
Health Care Authority (HCA)
Department of Public Safety (DPS)
Agency Analysis was Solicited but Not Received From
Department of Health (DOH)
SUMMARY
Synopsis of Senate Bill 222
Senate Bill 222 (SB222) amends Section 29-17-5 NMSA 1978, the Caregivers Criminal History
Screening Act. The bill would transfer all functions, records and equipment for overseeing
caregiver’s criminal history checks from the Department of Health (DOH) to the Health Care
Authority (HCA).
The bill adds felony crimes of sex trafficking, assault of a peace officer, identity theft, and
cruelty to animals to the list of disqualifying felony convictions. It further allows HCA to
promulgate rules to establish additional disqualifying convictions.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
Senate Bill 222 – Page 2
FISCAL IMPLICATIONS
HCA does not indicate that there will be any fiscal implications in absorbing criminal screening
for caregivers. However, the Department of Public Safety (DPS) notes that HCA may incur costs
to ensure compliance with FBI Criminal Justice Information Law Unit regulations and respond
to federal requirements during the approval process.
SIGNIFICANT ISSUES
HCA notes the following:
In comparison to other states (Nevada, Mississippi, Michigan, Maine, Oklahoma,
Georgia, and Idaho), New Mexico has significantly fewer disqualifying convictions.
Nearly every comparative state had at least five times more disqualifying convictions
than the current amount listed in New Mexico’s statute. Seven of the eight comparison
states also included a list of misdemeanor crimes as disqualifying convictions while New
Mexico’s statute does not include any misdemeanor crimes. Adopting a more
comprehensive list of disqualifying convictions—and the ability to add to that list by
rule—aligns with national best practices for protecting vulnerable populations. This
amendment brings NM closer to recognized standards.
Increasing the number of felony convictions that disqualify a caregiver may reduce the incidence
of abuse, neglect, and exploitation in care provider settings. See Other Substantive Issues.
PERFORMANCE IMPLICATIONS
HCA notes that New Mexico Administrative Code (NMAC) 8.370.5.1 outlines procedures
individuals may take to appeal denials to their application and specific circumstances required to
appeal. In FY24, over 53 thousand applications were processed, 340 appeals were submitted, and
over 180 appeals were granted translating to over 50 percent of applicant appeals being granted
in accordance with NMAC 8.370.5.1.
ADMINISTRATIVE IMPLICATIONS
HCA will need to promulgate revised rules to add to the criteria of disqualifying convictions.
The addition of disqualifying convictions may increase the number of caregiver criminal history
screenings that trigger an additional level of administrative review and legal reconsiderations.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
HB131 duplicates Senate Bill 222.
Relates to Senate Bill 266, Criminal Offender Employment Act Exemptions. SB266 exempts an
agency (i.e., HCA) for consideration of an applicant for employment as a caregiver or hospital
caregiver subject to the Caregivers Criminal History Screening Act.
Senate Bill 222 – Page 3
OTHER SUBSTANT IVE ISSUES
According to HCA there has been a 55 percent increase in abuse, neglect, and exploitation cases
for individuals receiving developmental disabilities waiver services. Additionally, there has been
a 76 percent increase of abuse, neglect, and exploitation cases in healthcare facilities (e.g.,
hospitals, nursing homes, and assisted living facilities). These increases equate to over 250 more
abuse, neglect, and exploitation cases occurring in FY24 compared to FY22.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
HCA would lack the authority to update and enforce a comprehensive list of disqualifying
offenses, limiting the agency’s ability to quickly address emerging risks. This gap in oversight
may increase the likelihood of ANE going undetected.
HR/SL2