N.M. Admin. Code § 8.370.8.18 - CONFIDENTIALITY
The authority complies with all state and federal confidentiality requirements regarding information obtained in connection with the operation of the employee abuse registry program, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
A.
Confidentiality of
information. Information obtained by the incident management system
involving incidents or situations of suspected abuse, neglect or exploitation
is confidential, and is not subject to public inspection until completion of
all investigations and hearings, and then only to the extent specifically
permitted by law and only such information that does not identify individuals
who are receiving care or services from providers.
B.
Unsubstantiated complaints.
Complaints of suspected abuse, neglect or exploitation obtained by the incident
management system that are not substantiated following investigation are not
public information and are not subject to public inspection.
C.
Substantiated complaints.
Complaints of suspected abuse, neglect or exploitation obtained by the incident
management system that are substantiated following investigation are subject to
public inspection only to the extent permitted by law and the disclosure may
not include any identifying information about an individual who is receiving
health care services from a provider.
D.
Permitted disclosures.
Nothing herein shall restrict an appropriate disclosure of information to the
centers for medicare and medicaid services; nor shall any provision herein
restrict disclosures to law enforcement officials, including district attorneys
and courts, in accordance with the Adult Protective Services Act and the
Resident Abuse and Neglect Act or other law.
Notes
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