Summary:

 Senate Bill 222 (SB 222):  The proposed legislative act seeks to shift the responsibility for overseeing caregiver background checks from the Department of Health to the Health Care Authority. This shift includes managing the criminal history screenings and the regulatory framework around them.  

Legislation Overview:

 Senate Bill 222 (SB 222):  The proposed act seeks to bolster the safety and efficacy of caregiving services in New Mexico by shifting responsibility for background checks to a potentially more specialized body and by enhancing the criteria for disqualifying criminal convictions. 
Key Changes in the Legislation:
a)	Transfer of Authority: The authority to receive and process background checks, previously held by the Department of Health, is transferred to the Health Care Authority. This includes the responsibility for receiving nationwide criminal history records from the Department of Public Safety.
b)	Rulemaking Power: The Health Care Authority is granted the power to promulgate rules concerning the criminal history screening process. This includes establishing fingerprint submission procedures, confidentiality standards, fees, and sanctions for noncompliance.
c)	List of Disqualifying Convictions: The amendment expands the list of felony convictions that disqualify an individual from employment as a caregiver. New additions include sex trafficking, assault of a peace officer, identity theft, and cruelty to animals among others.
d)	Additional Disqualifying Convictions: The Health Care Authority is also empowered to further expand the list of disqualifying convictions through its rulemaking process.
e)	Reconsideration and Appeals Process: Provides a process for applicants to request administrative reconsideration of disqualification due to reported convictions, and outlines conditions under which a caregiver can continue to be employed pending such reconsideration.
Implications of the Changes:
f)	Enhanced Oversight: Shifting responsibility to the Health Care Authority could potentially lead to more specialized oversight and a streamlined process for handling caregiver background checks.
g)	Increased Security and Safety: By expanding the list of disqualifying convictions, the act aims to enhance the safety and security of care recipients by ensuring that caregivers meet stringent background standards.
h)	Regulatory Flexibility: The ability of the Health Care Authority to add additional disqualifying convictions allows for more dynamic responses to changing societal norms and emerging threats within caregiving environments.
i)	Administrative Load: The transition of duties and the creation of new rules may increase the administrative burden on the Health Care Authority, requiring adjustments in resources and potentially new funding allocations.
This legislative effort reflects a commitment to protecting vulnerable populations while also providing mechanisms for fairness and reconsideration for those seeking employment in caregiving roles.