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Privacy and Confidentiality in New Mexico

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        In New Mexico, all information contained in an individual’s medical record is confidential and cannot be disclosed without consent of the individual, except in certain circumstances.1  However, the law allows disclosure of confidential information to government agencies, educational institutions and certain providers. Confidential information may be used in research studies but cannot be released to the public unless the information has been de-identified. 2  Results of testing for HIV and STDs must remain confidential unless being used for research purposes or as part of mandatory reporting requirements.3  In addition to maintaining records, providers must ensure that patient confidentiality is protected when destroying records.4  The law also requires that all Medicaid providers must maintain the confidentiality of recipients in compliance the HIPPA regulations.5

        The law states that all health information that is collected by the health information system is confidential.6 A provider that has submitted patient information to the system can only access the submitted information and aggregate data but may not access any information submitted by another provider.7  The law also requires that information obtained by a health maintenance organization (HMO) be kept confidential and cannot be disclosed unless otherwise required by Maine law or if the individual authorizes its release.8

 

Footnotes

  • 1. N.M.S.A. §24-14B-6; N.M.S.A. §24-14-27
  • 2. N.M.S.A. §14-6-1; N.M.S.A. §24-1-20
  • 3. N.M.S.A. §24-1-9.4; N.M.S.A. §24-1-9.5; N.M.S.A. §28-10A-1
  • 4. N.M. Admin. Code 16.10.17; N.M. Admin. Code 16.12.10.10
  • 5. N.M. Admin. Code 8.302.1; N.M. Admin. Code 8.100.100.13
  • 6. N.M.S.A. §24-14-8
  • 7. N.M.S.A. §24-14A-6
  • 8. N.M.S.A. §59A-46-27

 

Privacy and Confidentiality in New Mexico

Subtopic Statute/Regulation Description
Patient’s right to confidentiality of medical records/medical information Health-care information – N.M. Stat. Ann. §24-7A-8 A person authorized to make health care decisions on behalf of another individual must have the same rights as the patient to request, receive,...
Confidentiality and Data Privacy – N.M. Code R. § 16.27.18.17 Confidentiality and Data Privacy   All mental health counselors, therapists, and alcohol and drug counselors may not disclose confidential...
Hospital Facilities Policies – N.M. Code R. § 7.7.2.19 Policies   These requirements apply to all licensed public and private hospital facilities in New Mexico. Each hospital must have written...
Privacy and Confidentiality Access to analytical database-N.M. Code R. § 7.1.20.12 State and federal agencies may access the analytical dataset to obtain data and reports, but only to the extent the information is relevant to the...
Access to linking database-N.M. Code R. § 7.1.20.13 State and federal agencies may link their databases to the relevant databases within the HIS, but only to the extent that the data linked is relevant...
Access to research database-N.M. Code R. § 7.1.20.11 Research organizations, state agencies, and federal agencies may also be granted access to the data and information contained in the HIS to specific...
Access-N.M. Stat. Ann. § 24-5-9 All information stored in the immunization registry is confidential and may only be accessed by primary care physicians, nurses, pharmacists, managed...
Confidentiality of Applicant/Recipient Information – N.M. Code R. §8.300.11.10 Protection of the confidentiality of information includes methods of receiving, maintaining, and communicating individually identifiable patient...
Confidentiality of Electronic Data – N.M. Code R. §8.300.11.11B Providers who send or receive confidential medical information through fax, must have a fax line dedicated to that sole purpose.  Providers who...
Confidentiality requirements for use of data-N.M. Code R. § 7.1.20.19 All individuals and entities requesting information must sign a confidentiality pledge.  The information obtained may not be used for contacting...
Confidentiality – N.M. Code R. §8.100.100.13 New Mexico regulations specify that state agencies that administer programs under the Social Security Act or the Food Stamp program maintain the...
Confidentiality – N.M. Code R. §8.300.11.9 The Human Service Department must keep the following information confidential: Name, address, social security number; Medical services...
Control of disease and conditions of public health significance-N.M. Code R. § 7.4.3.9 The Department of Health may take any steps necessary to protect the public health of the citizens of New Mexico, including imposing isolation or...
Disclosure of information - N.M. Stat. Ann. § 43-1-19 Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in...
General Provision on Access to HIS data-N.M. Code R. § 7.1.20.8 The Health Information System Act controls the data and reports that may be obtained at various access levels. The Commission must process all...
Genetic analysis prohibited without informed consent; exceptions-N.M. Stat. Ann. § 24-21-3 Informed written consent is required prior to obtaining any genetic information or samples from a patient. No genetic information may be collected,...
Health care information-N.M. Stat. Ann. § 24-7B-10 Individuals authorized to make mental health treatment decisions for a patient have the ability to request, receive, examine, copy, and consent to...
Hospital Records; retention – N.M. Stat. Ann. §14-6-2 Hospitals must retain medical records dealing with the care and treatment of a patient for 10 years following the discharge of a patient.  Lab...
Informed consent not required; testing of persons convicted of certain criminal offenses; responsibility to administer and pay for test-N.M. Stat. Ann. § 24-2B-5.1 Consent does not always have to be given to conduct an HIV test if the individual is a convicted offender under a sexual criminal offense statute. To...
Informed consent not required; testing of persons formally charge for allegedly committing certain criminal offenses; responsibility to administer and pay for test-N.M. Stat. Ann. § 24-2B-5.2 Consent does not always have to be given to conduct an HIV test at the time of the filing of a complaint, information, or indictment regarding a...
Informed consent not required; testing of persons who are source individuals-N.M. Stat. Ann. § 24-2B-5.3 Consent does not always have to be given to conduct an HIV test if the individual is a source individual who significantly exposed another individual...
Informed Consent – N.M. Stat. Ann. §24-2B-2 An HIV test may not be performed on an individual without first obtaining informed consent of the individual taking the test.  Consent does not...
Notifiable Conditions – N.M. Code R. §7.4.3.8 Notifiable conditions   The New Mexico Department of Health must maintain a list of notifiable conditions that must be reported through a 24-...
Penalties-N.M. Stat. Ann. § 24-21-6 The attorney general, district attorney, or a private individual may bring a civil action against anyone violating the Genetic Information Privacy...
Policy or plan disclosure requirements – N.M. Stat. Ann. §59A-23B-5 Once insurance coverage is offered, an insurer must provide a written disclosure statement to the beneficiary of a plan under the Minimum Healthcare...
Retention, Maintenance, and Destruction of Medical Records – N.M. Code R. §16.12.10.10 A nurse’s failure to maintain medical records or keep inaccurate or incomplete medical records is a violation of New Mexico law.  When...
Rights of retention-N.M. Stat. Ann. § 24-21-5 There can be no retention of a patient’s genetic information without the patient’s informed written consent, and all genetic information...
Sexually transmitted diseases; disclosure-N.M. Stat. Ann. § 24-1-9.6 If an individual receives information pursuant to Section 24-1-9.2 and is the victim of a criminal offense, the individual may disclose the test...
Disclosure of health information pursuant to court order or subpoena Communication regarding sexually transmitted diseases – N.M. Stat. Ann. §24-1-8 If a physician knows or has reason to believe that a person with a sexually transmitted disease may expose other people to the disease, the physician...
Confidentiality of medical information and limitation of liability-N.M. Stat. Ann. §59A-46-27 A health maintenance organization (HMO) must maintain the confidentiality of any information of an enrollee dealing with his/her diagnosis, treatment...
Control of Disease and Conditions of Public Health Significance – N.M. Code R §7.4.3.9 The Department of Health may take any steps necessary to protect the public health of the citizens of New Mexico, including imposing isolation or...
Disclosure of Records – N.M. Stat. Ann. §24-14-27 It is unlawful to allow access to, copy or disclose information contained in a vital records record, unless authorized by law.  However, the New...
Health information system; creation; access – N.M. Stat. Ann. §24-14A-6 A data provider can access the information he or she has submitted to the health information system, including data specific to an individual patient...
Patient Confidentiality – N.M. Code R. §8.302.1.18 All providers participating in Medicaid must comply with HIPAA.  Additionally, providers are required to release confidential medical...
Protocol for the Management for Infectious Forms of Tuberculosis – N.M. Stat. Ann. §24-1-15.1 When a physician gains knowledge that an individual is infected with an infectious form of tuberculosis, the physician must inform the Department of...
Reporting of Contagious Diseases – N.M. Stat. Ann. §24-1-15 When a physician gains knowledge that an individual is infected with a threatening contagious disease, the physician must inform local public health...
Authorization for disclosure and exceptions to authorization requirements Confidentiality and Data Privacy – N.M. Code R. § 16.27.18.17 Confidentiality and Data Privacy   All mental health counselors, therapists, and alcohol and drug counselors may not disclose confidential...
Confidentiality and disclosure requirements of public health reporting information (disease specific information/registry data) (Cross reference to Public Health Reporting) Confidentiality of HIV Testing – N.M. Stat. Ann. §24-2B-6 A person or his or her agents who gives an HIV test to an individual may not disclose the identity of the person who is given the test or the results...
Confidentiality of Records-N.M. Stat. Ann. §24-1-20 All health information of a specific individual is confidential, even if the information is retained by government agency, a licensed facility or a...
Control of Disease and Conditions of Public Health Significance – N.M. Code R §7.4.3.9 The Department of Health may take any steps necessary to protect the public health of the citizens of New Mexico, including imposing isolation or...
Disclosure statement – N.M. Stat. Ann. §24-2B-7 A person to whom results of an HIV test have been disclosed to, may not further disclose this information to another person.
Health information system; confidentiality – N.M. Stat. Ann. §24-14A-8 Any health information collected under the health information system is confidential and not accessible by the public.  Record level data given...
Health information; confidentiality; immunity from liability for furnishing – N.M. Stat. Ann. §14-6-1 All health information of a specific individual is confidential, even if the information is retained by government agency, a licensed facility or a...
Hospital Reporting Requirements – N.M. Stat. Ann. §24-1-5.9 A hospital or health care facility must provide to the Secretary of Children, Youth and Families, information about its financial viability,...
Human immunodeficiency virus related test; limitation – N.M. Stat. Ann. §28-10A-1 No person is required to disclose the results of an HIV test as part of being hired, promoted, or continued employment, unless not having HIV is a...
Sexually transmitted diseases; confidentiality – N.M. Stat. Ann. §24-1-9.4 Any person who administers a test for a sexually transmitted disease, or his or her agents, may not disclose the identity of the person being tested...
Confidentiality and disclosure requirements of peer review information (Cross reference to Medical Peer Review) Confidentiality of medical information and limitation of liability-N.M. Stat. Ann. §59A-46-27 A health maintenance organization (HMO) must maintain the confidentiality of any information of an enrollee dealing with his/her diagnosis, treatment...
Disclosure of medical information for research purposes (Cross reference Research) Disclosure of Records – N.M. Stat. Ann. §24-14-27 It is unlawful to allow access to, copy or disclose information contained in a vital records record, unless authorized by law.  However, the New...
Disclosure requirements (what providers can disclose, prohibition on further disclosure) Disclosure statement – N.M. Stat. Ann. §24-2B-7 A person to whom results of an HIV test have been disclosed to, may not further disclose this information to another person.
Health information system; creation; duties of commission – N.M. Stat. Ann. §24-14A-3 The state created a health information system to participate in the process of collecting, analyzing, and disseminating health information that would...
Sexually transmitted diseases; disclosure statement – N.M. Stat. Ann. §24-1-9.5 A person to whom results of a sexually transmitted disease test have been disclosed to, may not further disclose this information to another person...
Use and disclosure of electronic health information – N.M. Stat. Ann. §24-14B-6 No provider, hospital or health care group can disclose health information contained in an individual’s electronic health record to another...
Confidentiality of registry data HMO Quality Assurance – N.M. Stat. Ann. §59A-46-7 A health maintenance organization (HMO) must have procedures in place the ensure that enrollees receive quality care, including availability,...
Violations of confidentiality; penalties License may be refused, revoked or suspended; licensee may be fined, censured or reprimanded; procedure; practice after suspension or revocation; penalty; unprofessional and dishonorable conduct defined; fees and expenses. – N.M. Stat. Ann. § 61-6-15 These requirements apply to all persons licensed by the New Mexico medical board to practice in the state as a medical doctor, physician...
Penalty for unauthorized disclosure of an HIV test results – N.M. Stat. Ann. §24-2B-9 A person who makes an unauthorized disclosure of an HIV test results is guilty of a petty misdemeanor.  The penalty for such an offense is...
Penalty for unauthorized disclosure of sexually transmitted disease test results – N.M. Stat. Ann. §24-1-9.7 A person who makes an unauthorized disclosure of sexually transmitted disease test results is guilty of a petty misdemeanor.  The penalty for...
Confidentiality of medical records Medical Records - General – N.M. Code R. §7.9.2.31 Medical Records - General   Long-term care facilities must maintain medical records for residents that are stored in an easily accessible,...
Retention, Maintenance, and Destruction of Medical Records – N.M. Code R. §16.10.17.10 Retention, Maintenance, and Destruction of Medical Records   Physicians must retain the medical records for at least 10 years after the date of...
Confidentiality of substance abuse records N.M. Admin. Code 7.32.8, Alcohol, Drug Abuse, and Opioid treatment programs
N.M.S.A. 1978, § 43-2-11, Commitment Procedures
Click on the individual state law in the table above to see our summary of the individual law.


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