New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 371 - DEVELOPMENTAL DISABILITIES
Part 4 - CLIENT COMPLAINT PROCEDURES
Section 8.371.4.17 - PUBLIC DISCLOSURE OF FINAL ACTIONS

A. The office of quality assurance will conduct its investigations in a manner that protects the clients' privacy.

B. Complaints and documents, materials, or records not otherwise exempt from public inspection shall be subject to public inspection. Requested public records containing information that is exempt and nonexempt form disclosure shall be separated or redacted by the custodian prior to inspection, and the nonexempt information shall be made available for inspection. The complaints and related documents shall not be available for public inspection until the investigation is concluded, action of the authority is final, and any time period allowed for review or administrative hearing has expired.

C. Client identifying confidential information, records pertaining to physical or mental illness or medical treatment, and records protected form disclosure by statute or court-recognized rule are exempt from public inspection.

D. Those portions of the division's investigation file containing confidential sources, methods, and related investigation materials may be exempt from public inspection on public policy grounds if the harm to the public interest from allowing inspection outweighs the public's right to know.

E. The authority may charge reasonable fees for copying public records.

F. The division will track complaints to ensure that the complaint process operates satisfactorily, meets time lines, and achieves any program changes required of service providers. Non-confidential data from the complaint tracking process will be available to the public. If the division produces periodic statistical reports containing aggregate information about substantiated and unsubstantiated complaints, including nonpersonally identifiable information about the complaints received, type or nature of the allegations, frequency of complaints by type and by service provider, resolution of substantiated complaints, tracking of corrective action and follow-up, other investigation results, and any other data the authority deems appropriate, the statistical reports shall be subject to public inspection.