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8.370.22 NMAC - Requirements for Home Health Agencies

New MexicoregulationNew Mexico Health Care Authority (Division of Health Improvement / licensing authority)· effective 2024-07-01

What this rule requires your agency to do

  • 1The licensing authority may prohibit an agency from providing home health aide (or homemaker/PCA) training or competency evaluation for a specified period not to exceed two years if it finds the agency in substantial noncompliance with these regulations (8.370.22.30-31).(8.370.22 NMAC - Requirements for Home Health Agencies)
  • 2Each home health aide must participate in at least 12 documented hours of in-service training during each 12-month period (may be prorated during the aide's first year of employment) (8.370.22.30.F).(8.370.22 NMAC - Requirements for Home Health Agencies)
  • 3Competency evaluation must include both a written test and a skills demonstration; skills demonstration must be observed and documented by a registered nurse or licensed practical nurse, and the agency must document such training or competency evaluation for each individual (8.370.22.30).(8.370.22 NMAC - Requirements for Home Health Agencies)
  • 4Homemaker/personal care attendant or equivalent training or competency evaluation must be observed and documented by a licensed professional or an appropriately qualified person, and the agency must document the training/competency evaluation for each individual (8.370.22.31).(8.370.22 NMAC - Requirements for Home Health Agencies)
  • 5No agency licensed under this part may use a home health aide unless the individual has completed a training program or competency evaluation program meeting these regulations; the aide training program must total 75 hours, with at least 16 hours devoted to supervised practical training and 16 hours of classroom training completed before beginning supervised practical training (8.370.22.30.A and course requirements).(8.370.22 NMAC - Requirements for Home Health Agencies)
  • 6A performance review, including written evaluation and skills demonstration, must be completed on each home health aide no less frequently than every 12 months (8.370.22.30.G annual performance review).(8.370.22 NMAC - Requirements for Home Health Agencies)
  • 7Services and care provided by a personal care attendant or equivalent must be supervised by a licensed professional or by an appropriately qualified staff member, with a supervisory visit conducted as specified (the personal care attendant need not be present at the time of the supervisory visit) (8.370.22.29.E).(8.370.22 NMAC - Requirements for Home Health Agencies)
  • 8An agency electing to provide aide training must submit its home health aide training and curriculum in writing to the licensing authority, and approval of the curriculum must be obtained from the licensing authority prior to instituting training; agencies electing not to provide formal training must identify the method by which they will establish and document each aide's competency (8.370.22.30.B).(8.370.22 NMAC - Requirements for Home Health Agencies)

Applies to: personal care

New Mexico's current home health agency licensing rule (new/replacing the repealed 7.28.2 NMAC), setting standards for agency licensure, supervision of home health aides / personal care attendants / homemakers, aide training and competency evaluation, and annual in-service and performance review.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.