New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Citizen review
				board" means a body appointed pursuant to 32A-8-1
et seq.
NMSA
				1978 to review dispositional children's court orders and the department's
				progress report and to submit its own reports to the court.
B. "Court appointed special advocate" means a
				person appointed by the children's court judge to assist in any children's
				court proceeding.
C. "Covered"
				means department components or workforce whose activities and job duties are
				within the purview of a HIPAA health plan or health care provider.
D. "De-identified information" means health
				information that is
not
individually identifiable and is being
				used by the department for allowable purposes in an aggregated data
				set.
E. "Disclosure" means the
				release, transfer, provision of access to or divulging in any other manner of
				protected health information outside the department's covered
				components.
F. "Guardian ad litem"
				means a person who is appointed by the court to represent a minor or legally
				incompetent person in legal proceedings.
G. "Health care operations" means conducting
				quality assessment and improvement activities; population-based activities
				relating to improving services, costs or mandated reporting activities;
				reviewing worker competence or qualifications, evaluating performance and
				conducting training; conducting or arranging for case review, legal services
				and auditing functions; strategic planning and development; and management and
				general administrative activities of the department, including, but not limited
				to implementation and compliance with HIPAA requirements, customer service,
				resolutions of internal grievances and creating de-identified health
				information for allowable purposes for which an individual authorization is not
				required.
H. "Individual" means the
				person who is the subject of protected health information.
I. "Individually identifiable health
				information" means information that is created or received by the department,
				that relates to the past, present or future physical or mental condition of an
				individual, provision of health care to an individual or the past, present or
				future payment for health care and that either identifies the individual or can
				reasonably be believed to identify the individual.
J. "Law enforcement official" means an
				officer or employee of any agency or authority of the United States, a state, a
				territory, a political division of a state or territory or an Indian tribe who
				is empowered by law to investigate or conduct an official inquiry into a
				potential violation of law or prosecute or otherwise conduct a criminal, civil,
				or administrative proceeding arising from an alleged violation of
				law.
K. "Minimum necessary" means
				the standard adopted by the department when using or disclosing protected
				health information or when requesting protected health information from another
				entity in covered circumstances, to make reasonable efforts to limit protected
				health information to the minimum necessary to accomplish the intended purpose
				of the use, disclosure or request.
L. "Personal representative" means (1) a
				person who has legal authority under applicable law to act on behalf of an
				individual adult or emancipated minor, and (2) a parent, guardian or other
				person acting in
loco parentis
who is authorized by law to act
				on behalf of an individual unemancipated minor, except where the minor is
				authorized by law to act on his own behalf or via court approval or where the
				parent guardian or person acting in
loco parentis
has assented
				to an agreement of confidentiality between the provider and the
				minor.
M. "Protected health
				information" or "PHI" means individually identifiable health information that
				is transmitted by electronic media, maintained in any medium described in the
				definition of electronic media at
				45
				CFR Section 162.103 or transmitted or
				maintained in any other form or medium. PHI excludes individually identifiable
				health information in education records covered by the Family Educational
				Rights and Privacy Act at
				20
				USC 1232 g, records described at
				20
				USC 1232 g(a)(4)(B)(iv) and employment
				records held by the department in its role as employer.
N. "Psychotherapy notes" means notes recorded
				(in any medium) by a health care provider who is a mental health professional,
				documenting or analyzing the contents of conversation during a private
				counseling session or a group, joint, or family counseling session and that are
				separated from the rest of the individual's medical record. Psychotherapy notes
				excludes medication prescription and monitoring, counseling session start and
				stop times, the modalities and frequencies of treatment furnished, results of
				clinical tests, and any summary of the following items: diagnosis, functional
				status, the treatment plan, symptoms, prognosis, and progress to
				date.
O. "Records custodian" means
				the person designated by the department to respond to public records requests
				pursuant to the Public Records Act,
				14-2-1
et seq.
NMSA 1978.
P. "Required by law" means a mandate
				contained in law that compels an entity to make a use or disclosure of
				protected health information and that is enforceable in a court of law.
				Required by law includes, but is not limited to,
(1) court orders and court-ordered
				warrants,
(2) subpoenas or summons
				issued by a court, grand jury, a governmental or tribal inspector general or an
				administrative body authorized to require the production of
				information,
(3) a civil or an
				authorized investigative demand,
(4) medicare conditions of participation with
				respect to health care providers participating in the program, and
(5) statutes or regulations that require the
				production of information, including statutes or regulations that require such
				information if payment is sought under a government program providing public
				benefits.