reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.16 - RELIEF

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to award:
				If, prior to award, the hearing officer makes a recommendation and the
				department division director or his/her designee makes a determination that a
				solicitation or proposed award of a contract is in violation of law, then the
				solicitation or proposed award shall be cancelled.
B. After Award:
(1) No fraud or bad faith. If, after an
				award, the hearing officer makes a recommendation and the department division
				director or his/her designee makes a determination that solicitation or award
				of a contract is in violation of law and that the business awarded the contract
				has not acted fraudulently or in bad faith:
(2) the contract may be ratified, affirmed
				and revised to comply with law, provided that a determination is made that
				doing so is in the best interest of the department; or
(a) the contract may be terminated, and the
				business awarded the contract shall be compensated for the actual expenses
				reasonably incurred under the contract plus a reasonable profit or equivalent
				thereto prior to termination.
(b)
				Fraud or bad faith: If, after an award, the hearing officer makes a
				recommendation and department division director or his/ her designee whose
				organizational unit initiated the procurement makes a determination that a
				solicitation or award of a contract is in violation of law and that the
				business awarded the contract has acted fraudulently or in bad faith, the
				contract shall be cancelled.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.17 - FINAL DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				hearing officer shall prepare a recommended written decision in the format
				required by Section
				39-3-1.1
				NMSA 1978. The recommended written decision shall be approved or disapproved by
				the department division director or designee within ten days or as
				expeditiously as possible after the issuance of the hearing officers written
				recommendation.
B. The decision by
				the department division director or designee is subject to review by the
				secretary at the secretary's discretion and is the final determination for
				purpose of judicial review.
C. The
				department shall issue a final decision that includes an order granting or
				denying relief. The final decision may incorporate the hearing officer's
				recommended decision or the department may render any other final decision
				supported by law. The final decision shall include a statement of the factual
				and legal basis for the order.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE › Section 7.1.6.18 - EX PARTE COMMUNICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer shall not receive, nor shall any person
				  directly or indirectly involved in a protest submit to the hearing officer, ex
				  parte, any evidence explanation, analysis, or advice, when written or oral,
				  regarding any matter at issue in a protest.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 8 › Section 7.1.8.5

Current through Register Vol. 35, No. 13, July 16, 2024
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 19 - VIOLENCE INTERVENTION PROGRAM FUND › Section 7.1.19.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The violence intervention program fund shall apply to
				  requests made for funds available pursuant to the Violence Intervention Fund
				  Act, Sections
				  24-34-1, et seq, NMSA
				  1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 19 - VIOLENCE INTERVENTION PROGRAM FUND › Section 7.1.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to the following statutory
				  authorities:
A. The Department of
				Health Act, Subsection E of Section
				9-7-6, NMSA 1978, which authorizes
				the secretary of the department of health to "make and adopt such reasonable
				and procedural rules and regulations as may be necessary to carry out the
				duties of the department and its divisions".
B. The Violence Intervention Program Fund
				Act, Section
				31-30-8, NMSA 1978, which
				authorizes the department of health to adopt rules to carry out the provisions
				of the act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 19 - VIOLENCE INTERVENTION PROGRAM FUND › Section 7.1.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 19, Chapter 1 is to establish standards
				  and procedures for funding programs under the Violence Intervention Program
				  Fund Act. These standards and procedures are designed for the purpose of making
				  funds available to administer the provisions of the Violence Intervention
				  Program Act and award violence intervention program grants to state agencies,
				  counties, municipalities or tribal governments that the department finds are
				  disproportionately impacted by violent crimes, including homicides, shootings
				  and aggravated assaults, and develop standards pertaining to the collection and
				  sharing of data by grantees. This rule will inform eligible agencies and
				  stakeholders of the procedures to access funds. The department of health
				  through the injury and behavioral epidemiology bureau, will administer the fund
				  pursuant to the Violence Intervention Program Fund Act and this
				  rule.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 19 - VIOLENCE INTERVENTION PROGRAM FUND › Section 7.1.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions beginning with "A":
(1)
"Accumulation"
defined as
				the prior approved expenditure or disposition in the current fiscal year of
				funds distributed in the fiscal year.
(2)
"Act"
defined as the
				Violence Intervention Program Fund Act, Section
				24-34-1, et seq, NMSA
				1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 19 - VIOLENCE INTERVENTION PROGRAM FUND › Section 7.1.19.8 - DUTIES OF THE BUREAU

Current through Register Vol. 35, No. 13, July 16, 2024
The bureau shall administer the fund, administer the
				  provisions of the Violence Intervention Program Act and pursuant to the Act and
				  this rule receive and review applications for and award violence intervention
				  program grants to state agencies, counties, municipalities or tribal
				  governments that the department finds are disproportionately impacted by
				  violent crimes, including homicides, shootings and aggravated
				  assaults.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 19 - VIOLENCE INTERVENTION PROGRAM FUND › Section 7.1.19.9 - DUTIES OF THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
The commission shall:
A. provide state agencies, counties,
				municipalities and tribal governments with data relevant to grant applications
				pursuant to Subsection B of Section
				31-30-5 NMSA 1978;
B. each year through 2027, with the
				department, the commission shall report to the legislature by December 1
				regarding the awards and outcomes of each grantee pursuant to Subsection B of
				Section 31-30-9, NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 19 - VIOLENCE INTERVENTION PROGRAM FUND › Section 7.1.19.10 - ANNUAL REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each grantee shall report to the department and the
				  commission by November 1 of each year regarding the:
A. purpose and amount of each grant received
				by the grantee for the previous fiscal year; and
B. processes, outputs and outcomes resulting
				from each grant approved by the department for the previous fiscal year,
				including relevant data as required by department rules.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 19 - VIOLENCE INTERVENTION PROGRAM FUND › Section 7.1.19.11 - VIOLENCE INTERVENTION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of the Violence Intervention Program Act is to
				  create a non-reverting fund in the state treasury, the "violence intervention
				  program fund", to consist of appropriations, gifts, grants and donations, to be
				  administered by the department for awarding violence intervention program
				  grants to state agencies, counties, municipalities or tribal governments that
				  the department finds are disproportionately impacted by violent crimes,
				  including homicides, shootings and aggravated assaults.
A. Eligibility: subject to the availability
				of the funds in the violence intervention fund, state agencies, counties,
				municipalities or tribal governments that the department finds are
				disproportionately impacted by violent crimes, including homicides, shootings
				and aggravated assaults may apply for funding under this rule.
B. Application process: In the first year of
				the program, within 60 days of the effective date of this rule, and thereafter,
				annually prior to the start of each state fiscal year, eligible state agencies,
				counties, municipalities, or tribal governments may apply to participate in the
				violence intervention fund program by submitting the application forms in a
				timely manner, as prescribed and distributed by the bureau. Such application
				forms will include, but not be limited to:
(1)
				Grant application form provided by the bureau including, but not limited to the
				following:
(a) budget form and narrative
				including a plan of expenditure for the amounts requested from the
				fund;
(b) project narrative which
				includes:
(i) need statement-provide a
				description of your agency and the constituents you serve. This narrative
				should describe the severity of violence and its impact on the community, as
				well as a description of the unmet need or problem that the grant project will
				address;
(ii) project description
				including identified high-risk target population and programs to address the
				problem.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 19 - VIOLENCE INTERVENTION PROGRAM FUND › Section 7.1.19.12 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Oversight, inspection, and audit: The department is
				  responsible for the oversight of expenditures from the fund. All recipients of
				  violence intervention funds under the act shall be subject to reasonable
				  oversight and as needed, visitation by authorized representatives of the
				  bureau. Records of purchases, training programs, or personnel expenditures
				  accomplished with awards from the fund shall be open for inspection. This
				  oversight may include an objective audit if deemed necessary. Findings from all
				  oversight activities will be shared with the fund recipient and as appropriate
				  a written deficiency correction report may be requested.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons who request data or reports
				  based on data maintained as part of the health information
				  system.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to Sections
				  24-14A-3
				  D(5) and
				  24-14A-6
				  A of the Health Information System Act, Section
				  24-14A-1
				  et seq. NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 30, 1997, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish the requirements for
				  access to data or reports based on data maintained as part of the health
				  information system.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in the Health Information
				  System Act, Section
				  24-14A-1
				  et seq. NMSA 1978, the following definitions apply for purposes of this
				  rule.
A.
Access level
means a set of information or data maintained as part of the health information
				system which may be released to requestors pursuant to this rule, including:
(1) aggregate analysis;
(2) consumer health information
				report;
(3) research
				database;
(4) analytical
				database;
(5) linking
				database.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.8 - GENERAL PROVISIONS ON ACCESS TO HIS DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Access requirements:
Data and
				reports based on access levels in the HIS may be obtained only in accordance
				with the requirements of the Health Information System Act, Section
				24-14A-1
				et seq. NMSA 1978, and this rule.
B.
Evaluation of requests:
In
				addition to other requirements stated in this rule, all requests for HIS data
				and reports, other than routine reports, shall be evaluated by the commission
				and commission staff and shall satisfy the following criteria for approval:
(1) the specific intended use of the data
				shall comport with the purposes of the Health Information System Act, Section
				24-14A-1
				et seq. NMSA 1978, as stated in Section
				24-14A-3
				A and rules promulgated pursuant to the act, including use of data to assist
				in:
(a) the performance of health planning
				and policy making functions for the benefit of the public;
(b) informed health care decision making by
				consumers;
(c) administration,
				monitoring and evaluation of a statewide health plan; and
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.9 - ACCESS TO AGGREGATE ANALYSIS

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the requirements of
				  7.1.20.8
				  NMAC, as determined by commission staff, any person may obtain access to
				  aggregate analysis in the form of routine reports or non-routine reports
				  pursuant to the procedures in
				  7.1.20.14
				  NMAC.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.10 - ACCESS TO CONSUMER HEALTH INFORMATION REPORT DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Release of reports:
The
				commission shall release consumer health information reports to the public on a
				periodic schedule as determined by the commission in accordance with 7 NMAC
				1.22 [now 7.1.22 NMAC].
B.
Prohibition on access to HEDIS data elements:
No person may obtain
				access to the HEDIS® data elements underlying a consumer health information
				report except for government agencies in accordance with the requirements in
				7.1.20.12 NMAC NCQA registered trademark.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.11 - ACCESS TO RESEARCH DATABASE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Research organizations and government agencies:
Pursuant to the
				requirements of 7.1.20.8 NMAC, a research organization, New Mexico state
				agencies, state agencies of other states, and federal agencies may obtain
				access to data in or reports based on the subset or portion of the research
				database that is relevant to the organization's or agency's stated purpose upon
				approval of the request by the director. The director may require an
				organization or agency to agree to specific confidentiality and use
				requirements prior to release of the data or reports. Federal agencies may
				obtain this information only if the agency agrees to fully protect its
				confidentiality as provided by federal law. No other person shall have access
				to data in or nonaggregate analytical reports based on the research
				database.
B.
Protection of
				identity:
Any data or report that is provided from the research database
				shall be configured in a manner that precludes actual or potential
				identification of individual patients, health care providers and third-party
				payers of health care.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.12 - ACCESS TO ANALYTICAL DATABASE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Government agencies:
Pursuant to the requirements of 7.1.20.8
				NMAC, New Mexico state agencies, state agencies of other states, and federal
				agencies may obtain access to data in or reports based on the subset or portion
				of the analytical database that is relevant to the agency's stated purpose upon
				approval of the request by the director after review by the data access
				advisory board pursuant to 7.1.20.16 NMAC. The director may require an agency
				to agree to specific confidentiality and use requirements prior to release of
				the data or reports. Federal agencies may obtain this information only if the
				agency agrees to fully protect its confidentiality as provided by federal law.
				No other person shall have access to data in or nonaggregate analytical reports
				based on the analytical database.
B.
Protection of identity:
Any
				data or report that the commission provides from the analytical database shall
				be configured in a manner that precludes actual or potential identification of
				individual patients and health care professionals.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.13 - ACCESS TO LINKING DATABASE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Persons authorized to link:
New Mexico state agencies, state
				agencies of other states, and federal agencies may be authorized to link their
				databases with the subset or portion of the linking database that is relevant
				to the agency's stated purpose if the commission approves the request after
				review by the data access advisory board pursuant to 7.1.20.16 NMAC. No other
				person shall have access to the linking database.
B.
Ownership of data:
When the
				linking database is used to create a linked file, the linked file shall be
				jointly owned by the contributing parties for the purposes stated in the
				governing agreement required by Subsection C of 7.1.20.13 NMAC. Prior to
				permitting access to the linking database, all parties, including the
				commission as administrator of the HIS, must approve both the use of their
				contributed data and the use of data in the resulting linked file that could
				not have been derived without their contributed data.
C.
Governing agreements:
(1)
General requirements:
All
				linking to the linking database shall be conducted pursuant to a governing
				agreement, the Health Information System Act, Section
				24-14A-1
				et seq. NMSA 1978, and this rule. The commission shall enter into a governing
				agreement with any New Mexico state agency, agency of another state or federal
				agency that is permitted to link its database with the linking database. This
				agreement shall contain specific confidentiality and use requirements. A
				federal agency may be authorized to link to the linking database only if the
				agency agrees to fully protect the confidentiality of the data as provided by
				federal law.
(2)
Medicaid
				information:
A governing agreement entered into pursuant to this section
				shall protect of the confidentiality of any medicaid recipient identifier
				information that is used. The human services department shall approve any
				governing agreement that authorizes linking to medicaid data in the linking
				database to ensure that the federal requirements for use of medicaid data are
				satisfied. The requestor shall bear the responsibility of obtaining this
				approval in writing from the human services department.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.14 - PROCEDURES FOR REQUESTS OF DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requests for routine reports:
Requests for copies of routine reports produced by the commission for public
				use shall be made either verbally or in writing. Fees for these reports shall
				be paid in accordance with Subsection A of 7.1.20.15 NMAC.
B.
Requests for previously-prepared,
				non-routine reports:
Requests for copies of previously-prepared,
				non-routine reports shall be made in writing. These reports shall be made
				available pursuant to the requirements of this rule. Fees for these reports
				shall be paid in accordance with Subsection B of 7.1.20.15 NMAC.
C.
Individualized requests:
Requests for not previously-prepared, non-routine reports or for data contained
				in the research, analytical or linking database shall be made in writing by
				specifying the following information on a request form provided by the
				commission:
(1) date of request;
(2) name, address and organizational
				affiliation;
(3) specific data or
				analysis requested;
(4) specific
				intended use of the data, including proposed analytical or research
				methodology, together with an acknowledgment that the data will not be used in
				violation of Subsection B of 7.1.20.19 NMAC;
(5) desired date by which the information is
				needed, allowing a minimum of two weeks to process the request;
(6) for requests for data, the names and
				positions of individuals who will have access to the data if the request is
				granted;
(7) for requests for data,
				the requestor's specific plans for protecting the confidentiality and use of
				the data in accordance with the requirements of the Health Information System
				Act, Section
				24-14A-1
				et seq. NMSA 1978, and this rule; and
(8) any additional information the commission
				may request.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.15 - FEES FOR DATA AND REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Fees for routine reports:
(1)
Generally:
The fees for copies of available routine reports
				produced for public use shall be as follows:
(a) single copies of any consumer health
				information reports or HIS annual reports shall be provided free of charge upon
				request; and
(b) all other reports
				shall be provided for $10.00 per report.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.16 - DATA ACCESS ADVISORY BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose:
A data access advisory board shall review requests for
				access to data in or reports based on the analytical database or linking
				database as required by this rule and shall make recommendations to the
				director or the commission on whether to grant the requests.
B.
Membership:
The commission
				shall appoint five members of its HIS advisory committee to the data access
				advisory board for two year renewable terms. To the extent feasible, the
				membership shall include representatives of hospitals, voluntary data providers
				and consumer interests, as well as individuals with experience in epidemiology,
				law, research and privacy, data management or other relevant fields. A
				commission staff member shall be the nonvoting chair of the board.
C.
Meetings:
The data access
				advisory board shall meet as frequently as reasonably necessary to review
				requests for access to HIS data as required by this rule, or when requested by
				the data access advisory board chair. A quorum shall consist of the majority of
				the appointed members of the board.
D.
Requests for access to analytical
				database:
In determining whether to recommend to the director approval
				of a request for data in or reports based on the analytical database, the data
				access advisory board shall evaluate whether the following criteria are
				satisfied:
(1) the information supplied on the
				request form shall adequately support the request;
(2) the qualifications of the requestor shall
				be sufficiently established, including that the requestor shall be reputable
				and have no prior violations for use of data; and
(3) the intended use of the requested
				information shall:
(a) satisfy the
				requirements of 7.1.20.8 NMAC, including that the use of the data shall be
				consistent with the stated purposes of the Health Information System Act,
				Section
				24-14A-1
et seq
. NMSA 1978;
(b) be credible and relevant to the
				requestor's stated purposes; and
(c) adequately protect patient and health
				care provider confidentiality.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.17 - APPEAL OF DENIAL OF REQUESTS FOR DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Appeal of commission staff
				determinations:
Requestors who are denied access to HIS data or reports
				by commission staff, where commission staff is authorized to make the
				determination, may appeal the denial to the director. The director shall review
				the denial and make a decision on the request. Requestors may appeal the
				director's denial of a request to the commission. The commission shall make a
				final determination on the request.
B.
Appeal of commission
				determinations:
The commission's decision on whether to grant a request
				for access to HIS data or reports is a final determination.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.18 - OBLIGATIONS UPON RECEIPT OF DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Specific requirements:
Requestors and any individuals who are permitted access to HIS data or reports
				through approval of a request made pursuant to Subsection C of 7.1.20.14 NMAC
				shall:
(1) limit use of the information to
				the purposes stated on the request form;
(2) give full credit to the commission in any
				published or unpublished reports using HIS information;
(3) include a disclaimer in any published or
				unpublished reports using HIS information which states that the accuracy of the
				original data is the responsibility of the submitting data provider and that
				the commission assumes no responsibility for any use made of or conclusions
				drawn from the data; and
(4)
				provide the commission with a copy of any reports and linked files resulting
				from access to the linking database.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.19 - CONFIDENTIALITY REQUIREMENTS FOR USE OF DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Confidentiality pledge:
Requestors and any individuals who are permitted access to data in the research
				database, analytical database or linking database shall sign and abide by a
				pledge of confidentiality in the use of the data, on a form provided by the
				commission.
B.
Prohibition on
				use:
Data or information obtained in accordance with this rule shall not
				under any circumstance be used for the purpose of identifying, locating or
				contacting individual patients or their families.
C.
Scope of confidentiality:
All
				data provided to the HIS under the Health Information System Act, Section
				24-14A-1
				et seq. NMSA 1978, shall be subject to the confidentiality requirements of the
				Health Information System Act, Section
				24-14A-1
				et seq. NMSA 1978. This includes any linked files provided to the commission
				pursuant to Paragraph of 4 of Subsection A of 7.1.20.18 NMAC.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.20 - REDISCLOSURE OF DATA

Current through Register Vol. 35, No. 13, July 16, 2024
Requestors and any individuals who are permitted access to
				  data in or non-routine reports based on the research database, analytical
				  database or linking database shall not:
A. provide the data or portion of it to any
				persons other than those identified in the request form; or
B. resell any portion of the data, aggregate
				data, analysis, linked file or other information gained as a result of
				obtaining access to the data.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.21 - REPORTS AVAILABLE THROUGH THE STATE LIBRARY DEPOSITORY SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
Paper copies of all public use routine reports produced by
				  the commission shall be available to the public through the state library
				  depository system.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 20 - ACCESS TO HEALTH INFORMATION SYSTEM DATA AND REPORTS › Section 7.1.20.22 - PENALTIES FOR RULE VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Commission sanctions:
A requestor who violates the requirements of
				this rule may be subject to any or all of the following sanctions, as
				determined by the commission:
(1) temporary
				or permanent denial of access to HIS data or reports;
(2) termination of current access;
				and
(3) mandated immediate return,
				without duplication, of HIS data or reports provided by the
				commission.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 21 - DATA REPORTING REQUIREMENTS FOR HEALTH PLANS › Section 7.1.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to Sections
				  24-14A-3
				  D(5) and (6);
				  24-14A-5
				  A through C;
				  24-14A-8
				  A and B; and
				  24-14A-9
				  of the Health Information System Act, Section
				  24-14A-1
				  et seq. NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 21 - DATA REPORTING REQUIREMENTS FOR HEALTH PLANS › Section 7.1.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 30, 1997, unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 21 - DATA REPORTING REQUIREMENTS FOR HEALTH PLANS › Section 7.1.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to specify the data reporting
				  requirements for health plans pursuant to the Health Information System Act,
				  Section
				  24-14A-1
				  et seq. NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 21 - DATA REPORTING REQUIREMENTS FOR HEALTH PLANS › Section 7.1.21.8 - HEALTH PLAN REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Components of report:
The health plan report required by this rule
				shall consist of the following components:
(1)
				the HEDIS reporting set; and
(2) an
				additional core set of performance measures specific to the needs of New Mexico
				consumers, as required by the commission.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 21 - DATA REPORTING REQUIREMENTS FOR HEALTH PLANS › Section 7.1.21.9 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Mandatory reporting:
Reporting health plans shall submit to the
				commission a health plan report as follows:
(1) For the 1996 health plan reporting
				period, the health plan report shall be submitted by October 1, 1997 and shall
				consist of the HEDIS reporting set only.
(2) For all subsequent health plan reporting
				periods, the health plan report shall be submitted by August 1 of the year
				following the health plan reporting period. To illustrate, for the 1997 health
				plan reporting period the health plan report shall be submitted by August 1,
				1998.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 21 - DATA REPORTING REQUIREMENTS FOR HEALTH PLANS › Section 7.1.21.10 - ELECTRONIC REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All reporting health plans shall submit the health plan
				  report by electronic media (includes computer tape, cartridge or diskette) or
				  by direct electronic transmission, beginning no later than the health plan
				  report submitted in 1999 for the 1998 health plan reporting
				  period.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 21 - DATA REPORTING REQUIREMENTS FOR HEALTH PLANS › Section 7.1.21.11 - MODIFICATION OR EXEMPTION FROM REPORTING COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A reporting health plan may submit to the director a written
				  request for modification or exemption from compliance with the reporting
				  requirements of this rule. The director may grant the request if the reporting
				  health plan makes a reasonable showing that compliance would require
				  unreasonable costs, would be unduly burdensome given the particular
				  circumstances of the reporting health plan, is not feasible due to no fault of
				  the reporting health plan, or would constitute disclosure of proprietary
				  information. The reporting health plan may appeal the director's decision to
				  the commission, which shall make a final determination on the
				  request.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 21 - DATA REPORTING REQUIREMENTS FOR HEALTH PLANS › Section 7.1.21.12 - PUBLIC RELEASE OF HEDIS DATA ELEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A reporting health plan that objects on proprietary grounds
				  to the potential release of its reported HEDIS data elements pursuant to 7 NMAC
				  1.20.10.2 [now Subsection B of
				  7.1.20.10
				  NMAC] shall submit to the director a written request for confidentiality. This
				  request shall explicitly and specifically identify the HEDIS® data elements
				  considered to be proprietary and provide a justification for this position. The
				  director may consult with the HIS advisory committee in determining the merits
				  of the request and shall provide a written decision to the reporting health
				  plan. A reporting health plan may appeal the director's denial of the request
				  to the commission. The commission shall make a final determination on the
				  request. ®NCQA registered trademark.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 21 - DATA REPORTING REQUIREMENTS FOR HEALTH PLANS › Section 7.1.21.13 - PENALTIES FOR RULE VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the penalties provided in the Health
				  Information System Act, Section
				  24-14A-1
				  et seq. NMSA 1978, for violation of the data reporting requirements of the Act
				  and its rules, the commission may impose any or all of the following sanctions
				  for violation of this rule:
A. a
				statement in a relevant consumer health information report indicating the
				failure of the reporting health plan to comply with the requirements of the
				Health Information System Act, Section
				24-14A-1
				et seq. NMSA 1978, and this rule; and
B. temporary or permanent denial of access to
				health information system data or reports.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 22 - CONSUMER HEALTH INFORMATION REPORTS › Section 7.1.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to Section
				  24-14A-3
				  D(5) of the Health Information System Act, Section
				  24-14A-1
				  et seq. NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 22 - CONSUMER HEALTH INFORMATION REPORTS › Section 7.1.22.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 30, 1997, unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 22 - CONSUMER HEALTH INFORMATION REPORTS › Section 7.1.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to effectuate Sections
				  24-14A-3
				  D(11) and
				  24-14A-3.1D(2)
				  of the Health Information System Act, Section
				  24-14A-1
				  et seq. NMSA 1978, by specifying the process for issuance of consumer health
				  information reports.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 22 - CONSUMER HEALTH INFORMATION REPORTS › Section 7.1.22.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Issuance of reports: The commission annually shall issue, pursuant to the
				requirements of this rule, one or more consumer health information reports
				designed to assist health care consumers in comparatively evaluating the
				quality of care and performance of health care providers and organizations in
				New Mexico. Consumer health information reports may include information
				reported from any data provider where release of the information in a consumer
				health information report would effectuate the purposes of the Health
				Information System Act, Section
				24-14A-1
				et seq. NMSA 1978, and be in compliance with this rule. Consumer health
				information reports shall be issued by December 31 of the year following the
				reporting year.
B. Contents of
				reports: Consumer health information reports may contain, but are not limited
				to, the following information:
(1) performance
				measures that are intended to assist consumers in evaluating health care
				services, health care providers, organizations and payers;
(2) subjective measures obtained from health
				care surveys, if surveys are conducted pursuant to 7 NMAC 1.22.10 [now
				7.1.22.10 NMAC]; and
(3)
				educational information to assist consumers in placing the information in the
				context of health care and the health care system.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 22 - CONSUMER HEALTH INFORMATION REPORTS › Section 7.1.22.9 - EDITORIAL BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commission shall establish annually a five member editorial board selected from
				the HIS advisory committee, including representatives of data providers and
				consumers. A commission staff member shall be the nonvoting chair of the
				editorial board. The editorial board shall plan, review and recommend to the
				commission the report format, performance and survey measures, and educational
				information to be included in consumer health information reports.
B. The editorial board's recommendations, and
				any subsequent adoption of a consumer information report by the commission,
				shall take into account the relevancy of the performance and survey measures to
				the health status of New Mexico health care consumers and shall be guided by
				the following criteria:
(1) Availability -
				whether the performance or survey measure is or should be available from a
				source readily accessible to the data provider or survey administrator, or
				whether provision of the information can be achieved without extraordinary
				effort by the data provider or survey administrator;
(2) Comparability - whether the performance
				or survey measure allows for comparisons among data providers or categories of
				data providers, or whether mechanisms are available to the commission to adjust
				for variations in patient risk factors if comparability across data providers
				is limited;
(3) Confidentiality -
				whether patient confidential information can be protected;
(4) Cost - whether the overall cost to
				compile or submit the performance or survey measure meets standards of
				reasonableness as required by Sections
				24-14A-3
				D(14) and
				24-14A-3.1D(3)
				of the Health Information System Act, Section
				24-14A-1
				et seq. NMSA 1978;
(5)
				Meaningfulness - whether the performance or survey measure meets minimum
				standards of statistical reliability, validity, and accuracy and the
				performance or survey measure's reliability, validity and accuracy can be
				validated by an independent audit or verified by analysis of the component data
				elements of the measure;
(6)
				Rationale - whether the performance or survey measure has relevance to consumer
				decision-making, or whether there is a consumer-based reason for including the
				performance or survey measure;
(7)
				Specifications - whether there is a standardized method to quantify the
				performance or survey measure;
(8)
				Standard - whether there is a desired level of performance that has gained
				acceptance nationally or professionally for the performance or survey
				measure.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 22 - CONSUMER HEALTH INFORMATION REPORTS › Section 7.1.22.10 - HEALTH CARE SURVEYS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon recommendation of the editorial board, the commission
				  may contract for health care surveys to be conducted. Data providers shall
				  participate in the survey process upon request of the commission. The surveys
				  shall be undertaken based upon the criteria in 7 NMAC 1.22.9.2 [now Subsection
				  B of
				  7.1.22.9 NMAC]
				  and upon the following factors:
A.
				National standardized survey: The commission shall use a national standard
				health care survey instrument or instruments, verified and tested by scientific
				methods. Where practical, the commission shall adopt for use a standard survey
				instrument that is in accordance with generally accepted industry
				practices.
B. Independently
				administered: Standard surveys shall be independently administered by
				independent contractors, using the protocol or specifications provided with the
				surveys where available and as applicable to the health information needs of
				New Mexico health care consumers. As appropriate and practical, surveys shall
				be conducted by a firm certified by the generally recognized industry
				association or quality-certifying entity.
C. Coordination among state agencies: If
				feasible the commission shall coordinate its survey efforts with other state
				agencies that have regulatory or contractual oversight of data providers to
				avoid redundant reporting requirements.
D. Burden on survey populations: Where
				possible the commission shall limit redundant requests of the survey target
				populations, and when feasible coordinate survey efforts with other public and
				private entities, to ease any burden imposed by multiple survey
				efforts.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 1 - HEALTH GENERAL PROVISIONS › Part 22 - CONSUMER HEALTH INFORMATION REPORTS › Section 7.1.22.11 - OPPORTUNITY FOR ADVANCE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Review by data providers: Data providers whose data is included in a consumer
				health information report and who submit the required data by the submission
				deadline shall be provided a draft of the report that contains the provisional
				statewide aggregate results for each included performance measure, the
				presentation style of the performance measures, the educational information,
				and results of any surveys conducted. For the 1996 reporting year, the
				commission shall make every effort to provide the draft report by October 30,
				1997. For all subsequent reporting years the commission shall make every effort
				to provide the draft report by September 1 of the following year. Data
				providers shall have a 30 day review period from the postmarked date of the
				draft report to review the draft. Data providers may submit to the commission
				written corrections and comments by the last date of the review period, either
				by facsimile or by mail postmarked as of that date. Upon request of the data
				provider, the commission shall publish these written comments in the final
				consumer health information report, subject to editing by the commission for
				length, clarity and suitability, provided that the commission's edits shall
				attempt to fairly and accurately represent the substance of the data provider's
				comments. Data shall be considered final when the review period has
				elapsed.
B. Review by the HIS
				advisory committee: The HIS advisory committee, in accordance with its
				functions under the Health Information System Act, Section
				24-14A-1
				et seq. NMSA 1978, shall review consumer health information reports prior to
				their issuance and make recommendations to the commission on content, format
				and any other pertinent factors.
C.
				Review by the commission: The commission shall review and approve consumer
				health information reports prior to their issuance.