N.M. Code R. § 7.1.21.12
A reporting health plan that objects on proprietary grounds to the potential release of its reported HEDIS data elements pursuant to 7 NMAC 1.20.10.2 [now Subsection B of 7.1.20.10 NMAC] shall submit to the director a written request for confidentiality. This request shall explicitly and specifically identify the HEDIS® data elements considered to be proprietary and provide a justification for this position. The director may consult with the HIS advisory committee in determining the merits of the request and shall provide a written decision to the reporting health plan. A reporting health plan may appeal the director's denial of the request to the commission. The commission shall make a final determination on the request. ®NCQA registered trademark.
N.M. Code R. § 7.1.21.12