New Mexico Administrative Code
Title 13 - INSURANCE
Chapter 10 - HEALTH INSURANCE
Part 30 - PHARMACY BENEFITS MANAGERS
Section 13.10.30.17 - CONFIDENTIALITY AND CONFLICTS
Universal Citation: 13 NM Admin Code 13.10.30.17
Current through Register Vol. 35, No. 18, September 24, 2024
A. Confidentiality. Any PBM data received by the superintendent in response to a specific request shall be deemed confidential, unless disclosure is required for a regulatory purpose, enforcement, rulemaking, to respond to a legislative request, or is otherwise required by law or directed by court order. Notwithstanding the foregoing, the superintendent may publish aggregated data that cannot be traced to a specific PBM, provided any published data is at least 12 months old.
B. Conflicts. The superintendent shall not share confidential data with a consultant or contractor unless that third-party:
(1) discloses all potential conflicts of
interest;
(2) maintains appropriate
data safeguards and firewalls; and
(3) executes an agreement prohibiting
unauthorized disclosure or use of the confidential data.
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