New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 300 - MEDICAID GENERAL INFORMATION
Part 2 - HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) POLICIES
Section 8.300.2.14 - DISCLOSURES FOR RESEARCH PURPOSES
Universal Citation: 8 NM Admin Code 8.300.2.14
Current through Register Vol. 35, No. 6, March 26, 2024
A. Before a disclosure is made for research purposes, a valid authorization must be signed by the recipient or a waiver of authorization must have been obtained from a properly constituted institutional review board (IRB), a privacy board or representation that the PHI is necessary for research purposes [ 45 CFR 164.512(i)(l); 45 CFR 164.514(b) and (e) ].
B. Disclosure requirements: The HCC shall:
(1) accept
requests for PHI for research purposes with an authorization; or without a
recipient authorization where the research entity provides documentation
reflecting alteration or waiver of the authorization requirement [
45
CFR 164.512(i)(1) and (2)
];
(2) forward all requests to the
PSO;
(3) if the requestor is
unknown, verify the identity and authority of the requestor in accordance with
8.300.2.21 NMAC;
(4) grant or deny
requests in accordance with the HIPAA privacy rule [
45
CFR 164.512(i) ];
and
(5) enter the disclosure
information into the PSO's database.
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