New Mexico Administrative Code › Title 7 - HEALTH › Chapter 4 - DISEASE CONTROL (EPIDEMIOLOGY) › Part 5 - MATERNAL, FETAL, INFANT AND CHILD DEATH REVIEW › Section 7.4.5.13 - CONFIDENTIALITY OF RECORDS, PROCEEDINGS AND FINDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
MMR, FIMR and CFR involve the use of highly confidential case
				  files which are protected by statute(s), regulation(s), departmental protocol,
				  and policy.
A. Confidentiality of
				Information from VRHS/NM: Access to data constituting vital statistics as
				defined in the New Mexico Vital Statistics Act, Section
				24-14-1,
				et seq. NMSA 1978, shall be in accordance with the Act and applicable
				department regulations.
B. Open
				records: All information and records accessed or in the possession of the MMR
				team, FIMR team, CFR team, or a special panel are confidential in accordance
				with the New Mexico Inspection of Public Records Act, Sections
				14-2-1,
				et seq. NMSA 1978 and applicable law.
C. Member confidentiality statement: All
				members shall receive a training orientation regarding applicable statutes,
				protocols, and the rules for confidentiality. Each member is required to sign a
				confidentiality statement, the intent of which is to protect the
				confidentiality and privacy of the decedent, the decedent's family, and other
				individuals, agencies or providers cited in the case file. The confidentiality
				statement shall be signed by a team member prior to participation in case
				review and signed annually thereafter on July 1st or the first review session
				held for the state fiscal year. Experts invited for a special panel are to sign
				the confidentiality statement prior to participation in a case
				review.
D. Breach of
				confidentiality: Anyone who breaches confidentiality shall be subject to legal
				liability including, but not limited to, the provisions of the Vital Statistics
				Act at Sections
				24-14-27
				NMSA 1978 and
				24-14-31
				NMSA 1978.
E. Review team findings:
				The findings and recommendations of the MMR, FIMR, and CFR teams with respect
				to prevention, risk reduction or systems failures are the property of the
				department. They are based on retrospective case review. The process by which
				findings are derived is different from the understanding and judgment of a
				provider or any other person present at the time of caring for the decedent
				prior to the death. Findings and recommendations are prevention-oriented rather
				than investigatory. The opinions expressed are based upon an aggregate of
				information which has been compiled from a variety of sources post-mortem, and
				which was not available to any single provider at the time of death.
F. Closed meetings: Team meetings are not
				subject to the Open Meetings Act, Sections
				10-15-1
				through
				10-15-4 NMSA
				1978. Records of the team shall be confidential pursuant to the provisions of
				the Inspection of Public Records Act and Section
				24-1-20 NMSA
				1978 of the Public Health Act. Individuals who are not members of the team or
				special panel will not be allowed to be present at case reviews unless the
				individual is approved by the presiding chair with the consent of the panel or
				team, and that individual signs the confidentiality agreement.
G. Reports of findings: Statistical studies
				and research reports based upon the confidential information may be published,
				but they will not identify decedents, their families, or provide any other
				information that can be extrapolated to ultimately identify these individuals.
				Data will be published in the aggregate.
H. Follow-up to at-risk circumstances: In the
				event that a team or special panel finds that there are circumstances that may
				place others at risk for injury or untoward exposure, the department on behalf
				of the team or special panel shall inform the appropriate federal, state and/or
				community entity in accordance with procedures and protocols established by the
				department.