New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS
Part 5 - PRIVACY OFFICE
Section 8.8.5.9 - NOTICE OF PRIVACY PRACTICES

A. Persons receiving covered health care or health-related services from the department receive written or electronic notice of the department's privacy practices for Protected Health Information (PHI) in accordance with 45 CFR Section 164.520.

B. Notice is provided no later than the date of first delivery of services, except that persons receiving health-related services under the small health plan administered by the prevention and intervention division prior to April 14, 2004 shall receive notice on or before April 14, 2004. Persons deemed eligible for such services after April 14, 2004 shall receive notice on the date of first delivery of service. In an emergency treatment situation, notice will be given as soon as reasonably practicable after the emergency treatment situation.

C. The department makes a good faith effort to obtain written acknowledgement of an individual's receipt of Notice, and if not obtained, will document said good faith efforts.

D. The department will retain copies of all versions of its notice of privacy practices, including dates and scope of use.

E. Persons held in lawful custody by the juvenile justice division do not have a right to receive notice of privacy practices.