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Confidentiality of medical information and limitation of liability-N.M. Stat. Ann. §59A-46-27

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A health maintenance organization (HMO) must maintain the confidentiality of any information of an enrollee dealing with his/her diagnosis, treatment, or health.  The HMO must have access to any medical records pertaining to its enrollees.  However, this information cannot be disclosed to anyone else except:

  1. If necessary to carry out the purposes of the HMO Law;
  2. If the enrollee gives his or her consent;
  3. Based on a law or court order;
  4. If there is a lawsuit involving the enrollee and the HMO, and the information is relevant. 

If a person or the HMO provides this information to a health care review committee, the person or HMO will not be liable for disclosing this information if it was done without malice.  The information and medical records provided to the health care review committee must remain confidential.

Current as of June 2015