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 8.300.2.15 - RECORDING AUTHORIZATIONS AND DISCLOSURES

Universal Citation: 8 NM Admin Code 8.300.2.15

Current through Register Vol. 35, No. 6, March 26, 2024

The HCC shall record all valid authorizations and record all disclosures of PHI.

A. Recording of authorizations: All valid authorizations shall be recorded when received in the PSO's database [ 45 CFR 164.508(b)(6) ]. Any disclosures of PHI shall be made and recorded only by authorized members of the HCC workforce in the PSO's database.

B. Exceptions: The only exceptions that shall be allowed to the recording of disclosures of PHI are those:

(1) made to carry out TPO;

(2) for notification purposes that include disaster relief, emergencies, or in the case of recipient death;

(3) for national security purposes;

(4) to correctional institutions or law enforcement officials having custody of an inmate;

(5) made prior to July 1, 2003 [ 45 CFR 164.528a ];

(6) made six years prior to the date the accounting is requested;

(7) made to the recipient of the recipient's own PHI; or

(8) made to individuals involved in the recipient's care.

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