New Mexico Register / Volume
XXXI, Issue 8 / April 21, 2020
This is an emergency amendment to 8.312.2 NMAC, Section 21, effective
4/10/2020.
8.312.2.21 Nurse Aide Training:
[A NF must comply with nurse aide
training requirements as a condition of MAD and MCO enrollment and
participation; see 42 CFR Section 483 Subpart D.] Pursuant to the public health emergency
declared by the governor of New Mexico in Executive Order 2020-004 on March 11,
2020, and any renewal and subsequent Executive Order, and the department of
health and human services centers for medicaid and medicaid services COVID-19 Emergency Declaration Waiver of
Subsection D of 42 C.F.R. 483.35 ,with the exception of Subparagraph (i) of Paragraph (1) of Subsection D of 42 C.F.R. 483.35,
the New Mexico human services department does hereby waive enforcement of
Paragraphs (1) and (2) of Subsection A of Section 8.321.2.21 NMSA 1978, along with Subsection A of Section
8.321.2.21 NMSA 1978. The NF will not be approved as a MAD or MCO
provider if the NF has been out of compliance with federal requirement within
the previous two calendar years.
A. Requirements for nurse aide
training: [A NF cannot employ individuals as nurse aides for more than
four months unless they have completed a nurse aide training and competency
evaluation program (NATCEP). The NATCEP
program must have a minimum duration of 75 hours]. Waived.
(1) [A
nurse aide who has not performed nursing or nursing-related services for monetary
compensation for a period of 24 consecutive months since completion of a NATCEP
must take either a new NATCEP or a new competency evaluation program (CEP).] Waived.
(2) [A
NF must not use temporary nurse aides who have not completed a NATCEP or a CEP.] Waived.
(3) A NF must ensure that students in the NATCEP programs do not perform any services for which they have not been trained and found proficient by instructors. A NF must ensure that all students in NATCEP programs are under the general supervision of licensed or registered nurses when they perform services for eligible recipient or member residents.
(4) A NF must furnish regular performance reviews and in-service education to ensure that individuals who serve as nurse aides are competent to perform nurse aide services.
B. Other nurse aide requirements: A NF must not employ individuals who have been convicted by the court of abuse or neglect of any NF residents or misappropriation of any NF residents’ property.
C. Nurse aide registry: DOH maintains a registry of all nursing aides who have successfully completed, who have been considered to have completed a NATCEP or CEP program or who have had the NATCEP or CEP requirement waived by New Mexico.
[8.312.2.21 NMAC-Rp. 8.312.2.21 NMAC, 8/1/2014; A/E, 4/10/2020]