N.M. Admin. Code § 8.300.2.18

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

Section 8.300.2.18 - TERMINATION OF RESTRICTIONS

A.Termination requirements: Restrictions on the uses and disclosures of PHI shall be terminated if:

(1) the recipient or the recipient's personal representative requests the termination in writing;

(2) the PSO informs the recipient or the recipient's personal representative in writing that the HCC agreement to a restriction has ended and that the termination of the restriction is effective with any PHI created or received after the recipient or the recipient's personal representative is notified of the termination 45CFR 164.522(a)(2): or

(3) if the recipient is unable to write the request, the recipient may request assistance from HCC; if assistance is provided, HCC shall document that the assistance was given, have the recipient sign and date the document, co-sign and retain the document in the medical record.

B. Consideration of request:

(1) The PSO shall approve or deny the request within five working days. If approved, the PSO shall notify the recipient or the recipient's personal representative in writing of the termination request and give the recipient or the recipient's personal representative 10 working days to disagree in writing; if denied, the PSO shall notify the requestor in writing.

(2) If the recipient or the recipient's personal representative disagrees, the PSO shall inform the requestor of the disagreement and require a response in three working days to review the communication from the recipient or the recipient's personal representative to ascertain if the disagreement by the recipient has bearing on the PSO final decision to terminate the restriction.

(3) The PSO shall issue a final decision within five working days and notify the recipient or personal representative and the MAD requestor.

(4) The PSO shall record the termination of restriction in the PSO's database.

N.M. Admin. Code § 8.300.2.18

8.300.2.18 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