N.M. Admin. Code § 8.300.2.10

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.300.2.10 - NOTICE OF PRIVACY PRACTICES

The HCA shall establish policies protecting a recipient's rights regarding HIPAA privacy practices 45CFR 164.520.

A. Notice of privacy practices requirements:

(1) HCA shall provide notice of privacy practices, update the notice as necessary, and distribute the notice and any revised notices to all recipients or their personal representatives.

(2) All notice of privacy practices required elements listed in the HIPAA privacy rule shall be contained in the HCA notice of privacy practices 45 CFR 164.520.

(3) The name of every recipient and, as applicable, their personal representative to whom the HCA notice of privacy practices is sent shall be recorded.

B. Notice schedule:

(1) For an eligible recipient enrolled in medicaid prior to July 1, 2003, a copy of the notice of privacy practices shall be sent to each eligible recipient's or their personal representative's last known address no later than November 1, 2003.

(2) For revisions made to the notice of privacy practices, a copy of the revised notice of privacy practices shall be mailed to each enrolled MAD eligible recipient or their personal representative within 60 calendar days of the effective date of the revision.

(3) For a new eligible recipient approved after July 1, 2003, a copy of the notice of privacy practices shall be mailed with the eligible recipient's new medicaid card or their eligibility determination notice.

(4) At least once every three years, HCA shall notify eligible recipients or their personal representatives by mail of the availability of the notice of privacy practices and how to obtain the notice of privacy practices.

N.M. Admin. Code § 8.300.2.10

8.300.2.10 NMAC - N, 7-1-03; A, 9-15-08, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024