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 8.300.2.20 - MITIGATION
Current through Register Vol. 35, No. 6, March 26, 2024
A. HCC workforce: To the extent practicable, the HCC shall mitigate any harmful effect that is known to the HCC from an improper use or disclosure of a recipient's PHI by an HCC employee by applying the requirements set forth in the HSD HIPAA privacy policies and procedures applicable to an HCC workforce disciplinary action and training [ 45 CFR 164.530(f) ]. See Sections 23 and 24 of 8.300.2 NMAC.
B. Business associates: To the extent practicable, the HCC will mitigate any harmful effect that is known to it from an improper use or disclosure of a recipient's PHI by any of its business associates by including language in its contracts with business associates that may impose fines and/or penalties to the business associate, up to and including immediate termination of a business associate's relationship with the HCC [ 45 CFR 164.530(f) ].
