N.M. Admin. Code § 8.8.5.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.8.5.11 - USES AND DISCLOSURES

A. The department uses PHI for purposes of treatment, payment, and health care operations and as required by law. Written authorization is not required for these uses.

B. Any request for, or need to use, PHI for any purpose other than those specified in paragraph A of this section, such as research or marketing, is forwarded to the privacy office for response. The records custodian will also forward any Public Records Act requests involving PHI to the privacy office. The privacy office will determine whether written authorization is required for the requested use pursuant to 45 CFR Section 164.508.

C. Individuals have a right to request restrictions on uses or disclosures of PHI. The department may accept or deny such restrictions, at its discretion.

D. Pursuant to 45 CFR Section 164.502(b) and 164.514(d), uses and disclosures are limited to the minimum necessary information to accomplish the purpose intended, except that the following uses and disclosures are not subject to minimum necessary requirements:

(1) uses and disclosures for purposes of treatment;

(2) certain uses and disclosures to the individual or his/her personal representative, pursuant to 45 CFR Section 164.502(b)(2)(ii);

(3) uses and disclosures made pursuant to an authorization;

(4) disclosures made to the secretary of the United States health and human services department, pursuant to 45 CFR Section 160.300et seq.;

(5) uses and disclosures required by law, pursuant to 45 CFR Section 164.512(a)(2), (c),(e) and (f), and

(6) uses and disclosures required for compliance with applicable federal HIPAA regulations.

E. The department is required by law to provide certain PHI to designated persons pursuant to court order, including court appointed special advocates, special masters, and guardians ad litem. The department is also required to provide certain PHI to the citizen review board pursuant to 32A-8-1 et seq. NMSA 1978.

N.M. Admin. Code § 8.8.5.11

8.8.5.11 NMAC - N, 4/30/2003