N.M. Admin. Code § 8.371.4.17 - PUBLIC DISCLOSURE OF FINAL ACTIONS
A. The office of quality assurance will
conduct its investigations in a manner that protects the clients'
privacy.
B. Complaints and
documents, materials, or records not otherwise exempt from public inspection
shall be subject to public inspection. Requested public records containing
information that is exempt and nonexempt form disclosure shall be separated or
redacted by the custodian prior to inspection, and the nonexempt information
shall be made available for inspection. The complaints and related documents
shall not be available for public inspection until the investigation is
concluded, action of the authority is final, and any time period allowed for
review or administrative hearing has expired.
C. Client identifying confidential
information, records pertaining to physical or mental illness or medical
treatment, and records protected form disclosure by statute or court-recognized
rule are exempt from public inspection.
D. Those portions of the division's
investigation file containing confidential sources, methods, and related
investigation materials may be exempt from public inspection on public policy
grounds if the harm to the public interest from allowing inspection outweighs
the public's right to know.
E. The
authority may charge reasonable fees for copying public records.
F. The division will track complaints to
ensure that the complaint process operates satisfactorily, meets time lines,
and achieves any program changes required of service providers.
Non-confidential data from the complaint tracking process will be available to
the public. If the division produces periodic statistical reports containing
aggregate information about substantiated and unsubstantiated complaints,
including nonpersonally identifiable information about the complaints received,
type or nature of the allegations, frequency of complaints by type and by
service provider, resolution of substantiated complaints, tracking of
corrective action and follow-up, other investigation results, and any other
data the authority deems appropriate, the statistical reports shall be subject
to public inspection.
Notes
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