New Mexico Administrative Code
Title 7 - HEALTH
Chapter 1 - HEALTH GENERAL PROVISIONS
Part 31 - STATEWIDE HEALTH CARE CLAIMS DATABASE
Section 7.1.31.10 - CLAIMS DATA AND DATABASE - EXEMPTIONS FROM PUBLIC DISCLOSURE

A. The claims data provided to the database, the database itself, including the data compilation, and any raw data received from the database are not public records and are generally exempt from public disclosure in accordance with the Inspection of Public Records Act, Subsections A and H of Section 14-3-1, NMSA 1978, the Health and Hospital Records Act, 14-6-1, NMSA 1978, and the Health Information Systems Act, Sections 24-14A-6 & 8, NMSA 1978.

B. Claims data obtained, distributed, or reported in the course of activities undertaken pursuant to or supported under this rule are strictly confidential and shall not be a matter of public record or accessible to the public. The department shall not disclose data except to the extent that they are included in a compilation of aggregate data. Any forms of data collected by and furnished for the department shall not be public records subject to inspection pursuant to Section 14-2-1 NMSA 1978. The department may release or disseminate aggregate data, which shall be public records if the release of these data does not violate state or federal law relating to the privacy and confidentiality of individually identifiable health information. In accordance with Paragraph (6) of Subsection D of Section 24-14A-3 NMSA 1978, Section 24-14A-4.3 NMSA 1978, and Subsection D of Section 24-14A-6, NMSA 1978 of the HIS Act, data may be reported routinely to authorized federal, state, and local public agencies.