LOOKING FOR ASSISTANCE

A: The EAR supports the Health Care Authority’s “Zero tolerance of abuse, neglect, and exploitation” policy and enhances the overall quality and safety of health care and community-based services in New Mexico. By tracking substantiated incidents and providing a screening tool for employers, it helps reduce risks to patients and clients.

A: Individuals are placed on the EAR only after an investigation and determination that a substantiated incident of employee-related abuse, neglect, or exploitation occurred, per the regulatory definitions. There is an opportunity for a hearing before placement.

A: A substantiated finding means that, under the regulatory process, the evidence met the requirements to show that a staff member committed abuse, neglect, or exploitation against a person receiving care or services. If a hearing is requested, an administrative review process occurs before the name goes onto the registry.

A: You have the right to request an administrative hearing at the time of notice. If no hearing is requested, or after administrative/district court review, your name may be entered on the registry. Instructions on how to request hearings or review decisions are provided with the placement notice.

A: After three years from the effective date of placement on the EAR, individuals may submit a written petition to the custodian of the registry requesting removal. The petition must include specific information such as identifying details, employment history since placement (with dates and employer contacts), evidence of rehabilitation, and other supporting documentation.

A: You may petition only after 3 years from when your name was added to the EAR. The review period begins once a complete petition (with all required information) is submitted.

A: Placement on the EAR prohibits employment in roles covered by the registry requirements. If your petition is accepted and your name is removed, you may seek applicable employment again. Ask HCA for current guidance on employment rights during a petition process.

A: A fingerprint background check is separate, but the EAR check is required in addition to criminal history screening. Both are part of the full pre-hire screening process for caregivers.

A: Licensed professionals and certified nurse aides have separate credentialing requirements. However, the EAR still applies if their employment involves roles covered by the registry screening rules. In those cases, documentation of current licensure or certification is also required.

A: All health facilities and community-based providers subject to the rule must conduct an EAR check for applicants or prospective contracted workers in direct care roles (non-licensed/certified nurse aides).

A: Only credentialed users (e.g., authorized HR or compliance staff) can access and perform the registry search. The check is typically done as part of the background screening process through the HCA/Criminal History Screening Program (CCHSP). Providers must collect identifying details necessary for a thorough search (such as name, date of birth, and Social Security number).

A: Employers must document the inquiry in the employee’s personnel records. Documentation must include evidence of the registry check, including the date of the search and confirmation that the applicant was not listed on the registry at the time of hire.

A: Providers may not hire or contract with an individual whose name appears on the EAR for direct care work. If a potential employee shows up on the registry, you must decline employment and maintain proper documentation.

A: Providers that do not conduct required registry checks or hire someone from the EAR may face sanctions by HCA or other regulatory authorities. This can include corrective actions, civil penalties (up to $5,000 per instance), or impacts on contracts or licensing.

A: Licensed professionals and certified nurse aides have separate credentialing requirements. However, the EAR still applies if their employment involves roles covered by the registry screening rules. In those cases, documentation of current licensure or certification is also required.