N.M. Admin. Code § 13.7.5.15

Current through Register Vol. 35, No. 20, October 22, 2024

Section 13.7.5.15 - CORRECTION, AMENDMENT OR DELETION OF CONFIDENTIAL ABUSE INFORMATION

A. Within thirty (30) business days from the date of receipt of a written request from a protected person to correct, amend or delete any confidential abuse information about the protected person within its possession, an insurer or insurance support organization shall either:

(1) correct, amend or delete the portion of the confidential abuse information in dispute; or

(2) notify the protected person of:

(a) its refusal to make such correction, amendment or deletion;

(b) the reasons for the refusal; and

(c) the protected person's right to file a statement as provided in 13 NMAC 7.5.15.3 [now Subsection C of 13.7.5.15 NMAC].

B. If the insurer or insurance support organization corrects, amends or deletes confidential abuse information in accordance with 13 NMAC 7.5.15.1.1 [now Paragraph (1) of Subsection A of 13.7.5.15 NMAC], the insurer or insurance support organization shall so notify the protected person in writing and furnish the correction, amendment or fact of deletion to:

(1) any person specifically designated by the protected person who may have, within the preceding two (2) years, received such confidential abuse information;

(2) any insurance support organization whose primary source of confidential abuse information is insurers if the insurance support organization has systematically received such confidential abuse information from the insurer within the preceding three (3) years; provided, however, that the correction, amendment or fact of deletion need not be furnished if the insurance support organization no longer maintains confidential abuse information about the protected person; and

(3) any insurance support organization that furnished the confidential abuse information that has been corrected, amended or deleted.

C. Whenever a protected person disagrees with an insurer's or insurance support organization's refusal to correct, amend or delete confidential abuse information, the protected person shall be permitted to file with the insurer or insurance support organization:

(1) a concise statement setting forth what the protected person thinks is the correct, relevant or fair confidential abuse information; and

(2) a concise statement of the reasons why the protected person disagrees with the insurance institution's, agent's or insurance support organization's refusal to correct, amend or delete confidential abuse information.

D. In the event a protected person files either of the statements described in 13 NMAC 7.5.15.3 [now Subsection C of 13.7.5.15 NMAC], the insurer or insurance support organizations shall:

(1) file the statement with the disputed confidential abuse information and provide a means by which anyone reviewing the disputed confidential abuse information will be made aware of the protected person's statement and have access to it; and

(2) in any subsequent disclosure by the insurer or insurance support organization of the confidential abuse information that is the subject of disagreement, clearly identify the matter in dispute and provide the protected person's statement along with the confidential abuse information being disclosed; and

(3) furnish the statement to the persons and in the manner specified in 13 NMAC 7.5.15.2 [now Subsection B of 13.7.5.15 NMAC].

E. The rights granted to protected persons in this section shall extend to all persons to the extent confidential abuse information about them is collected and maintained by an insurer or insurance support organization in connection with an insurance action. The rights granted to all persons by this subsection shall not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.

N.M. Admin. Code § 13.7.5.15

1/1/99; Recompiled 11/30/01