N.M. Admin. Code § 8.300.2.14

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

Section 8.300.2.14 - DISCLOSURES FOR RESEARCH PURPOSES

A. Before a disclosure is made for research purposes, a valid authorization must be signed by the recipient or a waiver of authorization must have been obtained from a properly constituted institutional review board (IRB), a privacy board or representation that the PHI is necessary for research purposes 45CFR 164.512(i)(l); 45 CFR 164.514(b) and (e).

B. Disclosure requirements: The HCC shall:

(1) accept requests for PHI for research purposes with an authorization; or without a recipient authorization where the research entity provides documentation reflecting alteration or waiver of the authorization requirement 45CFR 164.512(i)(1) and (2):

(2) forward all requests to the PSO;

(3) if the requestor is unknown, verify the identity and authority of the requestor in accordance with 8.300.2.21 NMAC;

(4) grant or deny requests in accordance with the HIPAA privacy rule 45CFR 164.512(i): and

(5) enter the disclosure information into the PSO's database.

N.M. Admin. Code § 8.300.2.14

8.300.2.14 NMAC - N, 7-1-03, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024