Advocacy

NMCC’s 2026 Legislative Priorities:

HB 83: RELATING TO LABOR; REQUIRING THE HEALTH CARE AUTHORITY TO SET A MINIMUM MEDICAID FEE SCHEDULE FOR REIMBURSING PERSONAL CARE SERVICES; REQUIRING AT LEAST SEVENTY PERCENT OF MEDICAID REIMBURSEMENT FOR PERSONAL CARE SERVICES TO BE USED FOR COVERING DIRECT CARE WORKFORCE EXPENDITURES; MAKING AN APPROPRIATION.

SB 140: RELATING TO LABOR; REQUIRING THE HEALTH CARE AUTHORITY TO SET A MINIMUM MEDICAID FEE SCHEDULE FOR REIMBURSING PERSONAL CARE SERVICES; REQUIRING AT LEAST SEVENTY PERCENT OF MEDICAID REIMBURSEMENT FOR PERSONAL CARE SERVICES TO BE USED FOR COVERING DIRECT CARE WORKFORCE EXPENDITURES; MAKING AN APPROPRIATION.

1. Minimum Reimbursement Rates
The bill requires the New Mexico Health Care Authority to set a minimum fee schedule for personal care services. The proposed hourly rates (excluding gross receipts tax) are:
$23.50/hour for consumer-delegated services (where the agency manages the care).
$19.78/hour for consumer-directed services (where the recipient has more control over delivery).

2. The “70% Rule” for Caregivers
To ensure that state funds reach the actual workers rather than being absorbed by administrative overhead, the bill mandates that at least 70% of the Medicaid reimbursement received by an agency must be spent on direct care workforce expenditures. These expenditures include:
Wages: Salary, hourly pay, overtime, bonuses, and paid leave.
Benefits: Health, dental, life, and disability insurance, plus retirement contributions.
Expenses: Payroll taxes, workers’ comp, mileage reimbursement, and PPE.
Training: Costs for education, field supervision, and care coordination.

3. Accountability and Transparency
Deductions: Gross receipts taxes are deducted from the total reimbursement before calculating the 70% requirement.
Record Keeping: Provider agencies must maintain detailed accounting records and provide them to the Health Care Authority upon request to prove compliance.

4. Funding
The bill appropriates $51.4 million from the general fund for fiscal year 2027 to implement these rate increases and update the fee schedule.

The New Mexico Coalition of Caregivers reaches caregivers and engages them in leadership development and ongoing legislative, regulatory, and administrative involvement.

The Fair Labor Standards Act Corner provides resources and information about the Fair Labor Standards Act (FLSA) which sets minimum wage, overtime pay, and other workplace standards, helping direct care workers understand their rights and ensure they are paid fairly. Learn More Here

Senate Joint Memorial 6 Task Force (SJM 6 Task Force) discussed the findings and recommendations of a task force created by the New Mexico Legislature to address challenges related to long-term caregiving. A key finding is that direct caregivers are essential, but face issues like low wages and lack of training. Learn More Here

House Memorial 37 Legislative Task Force Recommendations focuses on direct care workers. The central recommendation is to establish a core training curriculum for all direct care workers, regardless of their specialty. This would help ensure a baseline level of skills and potentially improve care quality. Learn More Here

Learn More About Our Legislative Principles Here

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