New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 2 - AGE
Part 12 - CORPORATE ELDERCARE
Section 9.2.12.11 - MINIMUM CONTRACT REQUIREMENTS

A. An area agency cannot execute an agreement or contract that demands exclusivity. An area agency must be free to negotiate other similar agreements or contracts.

B. An area agency cannot enter into an agreement or contract that obligates it to be identified with or to promote the company or its products, or places it in a conflict of interest with its public mission.

C. The contract must state that the area agency has the right to refuse services to a company or its employees or clients in the event that there is a potential conflict of interest for the area agency, as identified by the area agency or state agency.

D. The contract must provide that an area agency has the right to reveal its findings, plans and recommendations to the client, regardless of the company's final decision regarding client eligibility and/or services provided.

E. The contract must provide that all information, as to personal facts and circumstances, obtained by the area agency shall be treated as privileged communications, shall be held confidential, and shall not be divulged without the written consent of the individual receiving the services, his/her attorney, or his/her legal guardian, except as is required by the corporation, insurance company, or brokering agent, or as may be required by the state agency for the purposes of monitoring for compliance with the provisions of this policy, directed by the state or federal court. However, nothing prohibits the disclosure of information in summary, statistical or other form which does not identify particular individuals.

F. The contract must provide that the information obtained through the performance of the contract be treated as confidential information. The area agency shall not use any information obtained in the performance of the contract in any manner except as necessary to the proper discharge of its obligations. All area agency personnel having access to information pertaining to individuals receiving services shall complete and sign a nondisclosure agreement.

G. The contract must hold the area agency and the state agency, where it is a party to the contract, harmless and defend them in any actions brought against them on the basis of companies' policies or decisions regarding benefits and services.

H. Provisions of the contract may not require the withholding of information or otherwise limit the ability of the area agency to judge or act in the public interest; nor may they restrict the ability of state agency to exercise appropriate oversight of the area agency in its fulfillment of its public mission and responsibilities.

I. In contracts covering long-term care insurance case management services, companies must assure: