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The Health Care Authority’s mission is: We ensure that New Mexicans attain their highest level of health by providing whole-person, cost-effective, accessible, and high-quality health care and safety-net services.
Division of Health Improvement Regulations
A complete listing of the rules and regulations which govern the majority of what we do. Regulations for various departments and programs can be found by clicking the links below. Alternatively, click HERE to see regulations that govern different types of facilities.
DHI Regulations Organizational Structure
(Click circles to visit links)
New Emergency Rule and Pending Regulations
The New Mexico Health Care Authority Division of Health Improvement is finalizing repeal and replacement of the temporary emergency rule 8.370.8 NMAC Employee Abuse Registry.
Specifically, the changes include: 8.370.8 NMAC
Repeal/replace the expiring emergency rule to establish new updated rule to comply with federal regulations as well as NMAC rule requirements. Specifically, reformatting Section 7 definitions, updating the reporting contact information in Section 9, updating the investigation timelines in Section 10, and the severity standard in Section 11. The proposed rule may be viewed at the Division of Health Improvement website at https://www.hca.nm.gov/dhi-regulations/.
A public hearing to receive testimony on this proposed rule will be held on September 3, 2025, 9:00 a.m-12:00 p.m. The public hearing will be a Hybrid, via Zooms as well as in person, pursuant to Section 14-4-5.6 NMSA 1978.
Join on your computer, mobile app, or room device.
The Notice of rule hearing can be found on the State Records Center and Archives registry Volume XXXVI, Issue 14 publication date 7/29/2025. The corrected rule can also be found on our Regulations page.
Recent Emergency Rules:
The Health Care Authority Division of Health Improvement is issuing a temporary emergency rule to amend 8.370.8 NMAC section 11, Severity Standard. It updates and clarifies the standards for caregiver offenses that can be referred for placement on the Employee Abuse Registry. This emergency rule is effective on February 11, 2025. the emergency amendment can also be found on the State Records Center and Archives registry volume XXXVI issue 4 publication date 2/25/2025.
Recent Rule Updates:
DHI has repealed and replaced the Health Facility Licensure Fees and Procedures NMAC 8.370.3. The replacement rule can be found on the State Records Center and Archives registry Volume XXXVI Issue 2, Publication date 1/28/2025, effective date 1/28/2025.
DHI has amended the Caregivers and Hospital Caregivers Screening Requirements NMAC 8.370.5 sections 8 and 9. The revised amendments can be found on the State Records Center and Archives registry Volume XXXVI Issue 2, Publication date 1/28/2025 effective date 1/28/2025.
Be sure to visit our Regulations page to view recent updates made to existing rules.
Notice of Public Hearing
The New Mexico Health Care Authority Division of Health Improvement is finalizing repeal and replacement of the temporary emergency rule 8.370.8 NMAC Employee Abuse Registry.
These regulations apply to a broad range of New Mexico providers of health care and services and employees of these providers who are not licensed health care professionals or certified nurse aides. This rule requires that providers check with the registry and avoid employing an individual on the registry. This rule provides for the investigation and determination of complaints alleging abuse, neglect or exploitation of recipients of care or services by employees. This rule further requires listing employees with substantiated registry-referred abuse, neglect or exploitation on the registry, following an opportunity for a hearing. This rule supplements other pre-employment screening requirements currently applicable to health care providers, such as the requirement for criminal history screening of caregivers employed by care providers subject to the Caregiver Criminal History Screening Act, Sections 29-17-1 et seq. NMSA 1978, and that Act’s implementing rule, 8.370.5 NMAC. It also supplements requirements for pre-employment screening of certified nurse aides applicable to nursing facilities pursuant to 42 CFR Sections 483.75(e) and 488.335; and 8.370.25 NMAC. This rule does not address the consequences of abuse, neglect, or exploitation for which a provider, as distinguished from an employee, is responsible.
Specifically, the changes include: 8.370.8 NMAC
Repeal/replace the expiring emergency rule to establish new updated rule to comply with federal regulations as well as NMAC rule requirements. Specifically, reformatting Section 7 definitions, updating the reporting contact information in Section 9, updating the investigation timelines in Section 10, and the severity standard in Section 11. The proposed rule may be viewed at the Division of Health Improvement website at https://www.hca.nm.gov/dhi-regulations.
A public hearing to receive testimony on this proposed rule will be held on September 3, 2025, 9:00 a.m-12:00 p.m. The public hearing will be a Hybrid, via Zooms as well as in person, pursuant to Section 14-4-5.6 NMSA 1978.
Join on your computer, mobile app, or room device.
You are invited to a Zoom webinar!
When: September 3, 2025 9:00 AM Mountain Time (US and Canada)
Topic: DHI Rules Hearing ( 8.321.13, 8.370.3, 8.370.8, 8.370.12, 8.370.17 )
Description:
8.370.8 Employee Abuse Registry
Join from PC, Mac, iPad, or Android:
https://us02web.zoom.us/j/81120401229?pwd=K0HaayYSwgtr9vVTYker7FgyZstqHD.1
Passcode:832267
Or call in (audio only)
Dial in by phone,
Phone one-tap:
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Join via audio:
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Webinar ID: 811 2040 1229
Passcode: 832267
International numbers available: https://us02web.zoom.us/u/kdK3rrPdf
All written comments may be dropped off during the scheduled hearing time (see above) at the Division of Health Improvement offices, 5300 Homestead Rd. NE, Albuquerque NM 87110 at the Hozho conference room #109.
Individuals wishing to testify may contact the Division of Health Improvement (DHI), P.O. Box H, Santa Fe, NM 87504, or by calling (505) 476-9093.
Individuals who do not wish to attend the hearing may submit written or recorded comments. Written or recorded comments must be received by 5:00 p.m. on the date of the hearing, September 3, 2025. Please send comments to: Division of Health Improvement P.O. Box H Santa Fe, NM 87504, Recorded comments may be left at (505) 476-9093. You may send comments electronically to Nancy Laster DHI Division Director at: Nancy.Laster@hca.nm.gov. Written and recorded comments will be posted to the agency’s website within 3 days of receipt. All comments will be given the same consideration as oral testimony made at the public hearing.
If you are a person with a disability and you require this information in an alternative format, or you require a special accommodation to participate in any HSD public hearing, program, or service, please contact the American Disabilities Act Coordinator, at Office-505-709-5468, Fax-505-827-6286 or through the New Mexico Relay system, toll free at #711. The Department requests at least a 10-day advance notice to provide requested alternative formats and special accommodations.
Recent Hearings:
The New Mexico Health Care Authority Division of Health Improvement is finalizing repeal and replacement of the rule 8.370.14 Assisted Living Facilities for Adults. These regulations apply to any assisted living facility for adults as defined by Subsection D of 24-1-2 NMSA 1978, as amended, which is licensed or is required to be licensed, which is operated for the maintenance or care of two or more adults who need or desire assistance with one or more activities of daily living. The purpose of these regulations is to update and clarify the requirements to current standards of care and practice.
This is a repeal and replacement of the NMAC requirements for Assisted Living Facilities for Adults.
Summary of Public Hearing for 8.370.14 NMAC Assisted Living Facilities for Adults
A public hearing regarding the repeal and replacement of the NMAC 8.370.14 Assisted Living Facilities for Adults was conducted on April 16, 2025. Links to the hearing summary and written comments from the Health Care Association can be found below:
DHI Regulations
New Emergency Rule and Pending Regulations
The Health Care Authority Division of Health Improvement is issuing a temporary emergency rule to amend 8.370.8 NMAC section 11, Severity Standard. It updates and clarifies the standards for caregiver offenses that can be referred for placement on the Employee Abuse Registry. This emergency rule is effective on February 11, 2025. the emergency amendment can also be found on the State Records Center and Archives registry volume XXXVI issue 4 publication date 2/25/2025.
DHI General Regulations
Below are the New Mexico state regulations that govern general aspects of the work that the Department of Health Improvement does.
- 8.300.2 NMAC — Health Insurance Portability and Accountability Act of 1996 (HIPAA) Policies
- 8.300.11 NMAC — Confidentiality
- 8.370.5 NMAC — Caregivers Criminal History Screening Requirements
- 8.370.8 NMAC — Employee Abuse Registry
- 8.371.9 NMAC — Admission, Discharge and Transfer of Eligible Recipients for Services In ICF/MR Facilities
- Cfr 42 §483.152—Requirements for Approval of Nurse Aide Training and Competency
Home and Community Based Waiver Regulations
These are the rules and regulations governing the work of the Home and Community Based Waiver program.
- 8.314.3 NMAC – Medically Fragile Home and Community-Based Services Waiver
- 8.314.5 NMAC – Developmental Disabilities Home and Community-Based Services Waiver
- 8.314.6 NMAC – Mi Via Home and Community-Based Services Waiver
- 8.314.7 NMAC – Support Waiver
- 8.326.2 NMAC – Case Management Services for Adults with Developmental Disabilities
- 8.370.10 NMAC – Abuse, Neglect, Exploitation, and Death Reporting, Training and Related Requirements for Community Providers
- 8.370.21 NMAC – Quality Management System and Review Requirements for Providers of Community Based Services
- 8.371.3 NMAC – Rights of Individuals with Developmental Disabilities Living in the Community
- 8.371.4 NMAC – Client Complaint Procedures
- 8.371.5 NMAC – Service Plans for Individuals with Developmental Disabilities Living in the Community
- 8.371.6 NMAC – Access to Medical Records by Disability Applicants
- 8.371.7 NMAC – (Appendix A) Individual Transition Planning Process
- 8.371.8 NMAC – (Appendix B) Dispute Resolution Process
- 8.371.9 NMAC – Admission, Discharge and Transfer of Eligible Recipients for Services in ICF/MR Facilities
Health Facility Licensing and Certification Regulations
These are the rules and regulations governing the work of the Health Facility Licensing and Certification bureau.
- 8.370.2 NMAC — Adjudicatory Hearings for Licensed Facilities
- 8.370.3 NMAC — Health Facility Licensure Fees and Procedures*
- 8.370.4 NMAC — Health Facility Sanctions and Civil Monetary Penalties
- 8.370.5 NMAC — Caregivers Criminal History Screening Requirements*
- 8.370.6 NMAC — Access To Medical Records by Disability Applicants
- 8.370.7 NMAC — Health Facility Receivership Requirements
- 8.370.8 NMAC — Employee Abuse Registry
- 8.370.9 NMAC — Incident Reporting, Intake, Processing & Training Requirements for Facilities
- 8.370.11 NMAC — Long-Term Care Facility Dementia Training
- 8.370.12 NMAC — Requirements for Acute Care, Limited Services and Special Hospitals
- 8.370.13 NMAC — Requirements For Rural Emergency Hospitals
- 8.370.14 NMAC — Requirements for Assisted Living Facilities for Adults
- 8.370.15 NMAC — General Requirements for Boarding Homes
- 8.370.16 NMAC — Requirements for Long-Term Care Facilities
- 8.370.17 NMAC — Requirements for Freestanding Birth Centers
- 8.370.18 NMAC — Requirements for Facilities Providing Outpatient Medical Services and Infirmaries
- 8.370.19 NMAC — Requirements for In-home and Inpatient Hospice Care
- 8.370.20 NMAC — Requirements for Adult Day Care Facilities
- 8.370.22 NMAC — Requirements for Home Health Agencies
- 8.321.6 NMAC — Requirements for Community Mental Health Centers
- 8.371.2 NMAC — Requirements for Intermediate Care Facilities for the Mentally Retarded
- 8.371.9 NMAC – Admission, Discharge and Transfer Of Eligible Recipients for Services in ICF/MR Facilities
- 8.321.11 NMAC — Crisis Triage Centers
- 8.370.24 NMAC — Requirements for End Stage Renal Disease Facilities
- 8.370.25 NMAC — Hearing Requirements for Certified Nurse Aides
- 8.312.2 NMAC — Nursing Facilities
- 8.312.3 NMAC — Cost Related Reimbursement Of Nursing Facilities
- 8.313.2 NMAC — Intermediate Care Facilities For The Mentally Retarded
- 8.313.3 NMAC — Cost Related Reimbursement of ICF/MR Facilities
- 8.321.6 NMAC — Requirements For Community Mental Health Centers
- 8.321.11 NMAC — Crisis Triage Centers
- CFR 42 §483.152 — Requirements for Approval of Nurse Aide Training and Competency
* Revised in 2025
Regulations Governing New Mexico Healthcare Facilities:
Healthcare facilities in New Mexico are governed by both federal and state regulations. This site provides state regulations, federal conditions of participation and federal conditions of coverage. This is only a partial list of applicable rules by service type, each health facility is responsible for complying with all applicable rules and regulations.
Accredited General Hospital
State Current Requirements: 7 NMAC 7.2
Federal Current Conditions: 42 CFR 482.11-482.57
Federal Definitions Act §1861(b) & Act §1861(e)
Federal Interpretive Guidelines: SOM Appendix A
Advanced Directives
Federal Current Conditions: 42 CFR 489.102 & BBA 97 §4002(d)
Federal Definitions 42 CFR 489.100
Adult Day Care Facilities (Licensed Only)
Current Requirements: 7 NMAC 13.2
Adult Developmental Disabilities Facility (Licensed Only)
Current Requirements: 7 NMAC 8.2
Assisted Living Facilities for Adults
Current Requirements: 7 NMAC 8.2
Ambulatory Surgical Centers
State Current Requirements: 7 NMAC 11.2
Federal Current Conditions: 42 CFR 416.40-416.49 &
Act §1832(a)(2)(F)(i) &
Act §1833(i)(1)(A)
Federal Definitions 42 CFR 416.2
Federal Interpretive Guidelines: SOM Appendix L
Certified Hospital
State Current Requirements: 7 NMAC 7.2
Federal Current Conditions: 42 CFR 482.11-482.57
Federal Definitions Act §1861(b) & Act §1861(e)
Federal Interpretive Guidelines: SOM Appendix A
Critical Access Hospital
State Current Requirements: 7 NMAC 7.2
Federal Current Conditions: 42 CFR 482.11-482.57
Federal Definitions Act §1861(b) & Act §1861(e)
Federal Interpretive Guidelines: SOM Appendix W
Community Mental Health Centers (Licensed Only)
State Current Requirements: 7 NMAC 20.3
Comprehensive Outpatient Rehabilitation Facilities
Federal Current Conditions: 42 CFR 485.50-485.74
Federal Definitions 42 CFR 485.51 & Act §1861(cc)
Federal Interpretive Guidelines: SOM Appendix K
Diagnostic and Treatment Center (Licensed Only)
Current Requirements: 7 NMAC 11.2
End Stage Renal Disease Facilities
State Current Requirements: 7 NMAC 36.2
Federal Current Conditions: 42 CFR 405.2100-405.2184 & Act §1881(b)(1) & (c)
Federal Definitions 42 CFR 405.2102
Federal Interpretive Guidelines: SOM Appendix H
Home Health Agency
State Current Requirements: 7 NMAC 28.2
Federal Current Conditions: 42 CFR 484.10-484.55 & Act §1891
Federal Current Conditions for OASIS: FR Final Rule
Federal Definitions: 42 CFR 484.2 & Act §1861(m) & Act §1861(o)
Federal Interpretive Guidelines: SOM Appendix B
OASIS Website: http://www.cms.gov/Medicare/Quality-Initiatives-Patient-Assessment-Instruments/OASIS/index.html?redirect=/oasis/default.asp
Hospice
State Current Requirements: 7 NMAC 12.2
Federal Current Conditions: 42 CFR 483.400-483.480
Federal Definitions Act §1905(d)
Federal Interpretive Guidelines: SOM Appendix M
ICF for Persons with Mental Retardation
State Current Requirements: 7 NMAC 26.2
Federal Current Conditions: 42 CFR 483.400-483.480
Federal Definitions Act §1905(d)
Federal Interpretive Guidelines: SOM Appendix J
Infirmary
State Current Requirements: 7 NMAC 11.2
Limited Hospital
State Current Requirements: 7 NMAC 7.2
Federal Current Conditions: 42 CFR 482.11-482.57
Federal Definitions Act §1861(b) & Act §1861(e)
Federal Interpretive Guidelines: SOM Appendix A
Nursing Facility
State Current Requirements: 7 NMAC 9.2
Federal Current Conditions: 42 CFR 483.1-483.75 & Act §1819 & Act §1919
Federal Definitions 42 CFR 483.5 & Act §1819(a) & Act §1919(a)
Federal Interpretive Guidelines: SOM Appendix P & SOM Appendix PP
Outpatient OPT/SP
State Current Requirements: 7 NMAC 11.2
Federal Current Conditions: 42 CFR 485.701-485.729 & 42
CFR 486.150-486.163
Federal Definitions 42 CFR 485.703 & Act §1861(p)
Federal Interpretive Guidelines: SOM Appendices E
Psychiatric Hospital
State Current Requirements: 7 NMAC 7.2
Federal Current Conditions: 42 CFR 482.11-482.57
Federal Definitions Act §1861(b) & Act §1861(e)
Federal Interpretive Guidelines: SOM Appendix AA
Rehab Hospital
State Current Requirements: 7 NMAC 7.2
Federal Current Conditions: 42 CFR 482.11-482.57
Federal Definitions Act §1861(b) & Act §1861(e)
Federal Interpretive Guidelines: SOM Appendix A
Rural Emergency Facility
State Current Requirements: 7 NMAC 7.2
Federal Current Conditions: 42 CFR 482.11-482.57
Federal Definitions Act §1861(b) & Act §1861(e)
Federal Interpretive Guidelines: SOM Appendix A
Rural Health Clinics/Federally Qualified Health Centers
State Current Requirements: 7 NMAC 11.2
Federal Current Conditions: 42 CFR 491.1-491.11
Federal Definitions 42 CFR 491.2 & Act §1861(aa)
Federal Interpretive Guidelines: SOM Appendix G
Skilled Nursing Facility
State Current Requirements: 7 NMAC 9.2
Federal Current Conditions: 42 CFR 482.11-482.57
Federal Definitions Act §1861(b) & Act §1861(e)
Federal Interpretive Guidelines: SOM Appendix P and SOM Appendix PP