Albuquerque Senior AdvisorBy Albuquerque Senior Advisor Care Team · October 3, 2026
New Mexico's assisted living rule is now 8.370.14 NMAC, issued by the Health Care Authority and rewritten effective December 23, 2025. It sets numeric staffing minimums, 16 hours of supervised training for new caregivers, a 15-day termination notice, 30 days' notice of price changes and a detailed memory care unit section. Anything citing the Department of Health or 7.8.2 NMAC is out of date.
Why does the rule number keep changing?
Families researching assisted living in Albuquerque run into three different citations for what is essentially the same rulebook. For years it was 7.8.2 NMAC, administered by the New Mexico Department of Health. When the state created the Health Care Authority and moved health facility licensing there on July 1, 2024, the rule moved into HCA's chapter as 8.370.14 NMAC. Then, effective December 23, 2025, HCA repealed that part and replaced it with a rewritten version under the same number.
The practical point is simple: if a brochure, an online guide or even a facility's own admission packet cites the Department of Health or 7.8.2 NMAC, it is describing the old rule. The licensing office is now HCA's Division of Health Improvement, and the rule text that counts is the one dated December 23, 2025.
What stayed the same?
The foundation did not move. New Mexico still issues one assisted living license type for any facility that cares for two or more adults who need help with daily activities. A 5-bed house and a 140-bed building follow the same rule. Facilities still may not admit or keep anyone who needs 24-hour continuous nursing care, with an exception for residents who have elected hospice. And New Mexico still publishes no star rating for assisted living.
The basic paperwork is the same too: an assessment within 15 days before admission, an individual service plan within 10 days after it, and reviews of both at least every six months.
Which parts of the current rule matter most to families?
Reading the December 2025 text from a family's point of view, five provisions stand out because they turn into specific questions you can ask on a tour and check against the admission agreement.
| Topic | What 8.370.14 NMAC says | Section |
|---|---|---|
| Daytime staffing | 1 awake direct care staff per 15 residents | .19 |
| Night staffing | 1 awake (15 or fewer); 1 + 1 (16-30); 2 + 1 (31-60); 3 + 1 per 30 more (61+) | .19 |
| Caregiver training | 16 hrs supervised + 12 hrs in-service before working alone; 12 hrs a year | .17 |
| Ending the agreement | 15 days' written notice, emergencies excepted | .20 |
| Price changes | 30 days' written notice and an amended agreement | .20 |
| Memory care units | secured doors, outdoor area, trained staff awake in the unit at all times | .70 |
None of these is exotic, but together they give a family a yardstick. If a 40-bed building tells you it has one person awake at night, the rule says that is below the minimum. If a facility raises its rate with two weeks' notice, the rule says 30.
What does the rule say about administrators now?
The administrator section is more detailed than many families expect. The administrator must be at least 21, have a high school diploma or equivalent, pass caregiver criminal history screening and the employee abuse registry check, and hold a state-approved assisted living administrator certification, another state's assisted living administrator license or a nursing home administrator license. Three unrelated references and 12 hours of continuing education a year are also required.
One provision matters in Albuquerque in particular, where one owner often runs several small homes: facilities on the same campus or within 40 miles of each other can share a floating full-time administrator, who must be able to reach any of them within an hour. Ask a small home who its administrator is and how often that person is actually in the building.
How does the rule treat hospice and rising care needs?
Two provisions soften the ban on continuous nursing. Residents who elect hospice can be admitted or stay even with needs that would otherwise require a nursing home, provided care is coordinated on the service plan. And a resident whose needs exceed what the facility normally provides can stay if a team of the administrator, the resident or surrogate and the hospice or home health clinician agrees in writing.
The rule also requires facilities to give residents a list of hospice and home health providers and the right to choose, and to disclose any ownership interest in a provider they recommend. That is worth knowing the first time a facility suggests a particular agency.
Where do you find the current text?
HCA links the current rule from its health facility regulations page. When you print it, check the history notes at the end of each section: current sections carry the note "Rp, 8.370.14 NMAC, 12/23/2025".
If you want the short version organized by the questions families ask, our New Mexico rules guides walk through admission and discharge, staffing and training, assessments, memory care units and complaints, section by section.
The current rule is and is not
| Is | Is not | |
|---|---|---|
| Citation | 8.370.14 NMAC (effective Dec 23, 2025) | 7.8.2 NMAC |
| Agency | HCA Division of Health Improvement | the Department of Health |
| Staffing | numeric minimums by size | left entirely to the facility |
Frequently asked questions
Who licenses assisted living in New Mexico?
The New Mexico Health Care Authority's Division of Health Improvement, since July 1, 2024.
When did the current New Mexico assisted living rule take effect?
8.370.14 NMAC was repealed and replaced effective December 23, 2025.
Does New Mexico have separate licenses for small and large assisted living?
No. One license type covers any facility caring for two or more adults; memory care units add a section.
Does New Mexico rate assisted living facilities?
No. Only nursing homes carry a rating, the federal CMS Five-Star rating.
