New Mexico § 43-1-19 - Disclosure of information

§ 43-1-19. Disclosure of information

A. Except as otherwise provided in the code, no person shall, without the authorization

of the client, disclose or transmit any confidential information from which a person

well acquainted with the client might recognize the client as the described person,

or any code, number or other means that can be used to match the client with confidential

information regarding the client. B. Authorization from the client shall not be required for the disclosure or transmission

of confidential information in the following circumstances: (1) when the request is from a mental health or developmental disabilities professional

or from an employee or trainee working with a person with a mental disability or developmental

disability, to the extent that the practice, employment or training on behalf of the

client requires access to such information is necessary; (2) when such disclosure is necessary to protect against a clear and substantial risk

of imminent serious physical injury or death inflicted by the client on the client's

self or another; (3) when the disclosure is made pursuant to the provisions of the Assisted Outpatient

Treatment Act, using reasonable efforts to limit protected health information to that

which is minimally necessary to accomplish the intended purpose of the use, disclosure

or request; (4) when the disclosure of such information is to the primary caregiver of the client

and the disclosure is only of information necessary for the continuity of the client's

treatment in the judgment of the treating physician or certified psychologist who

discloses the information; (5) when such disclosure is to an insurer contractually obligated to pay part or all

of the expenses relating to the treatment of the client at the residential facility. The information disclosed shall be limited to data identifying the client, facility

and treating or supervising physician and the dates and duration of the residential

treatment. It shall not be a defense to an insurer's obligation to pay that the information

relating to the residential treatment of the client, apart from information disclosed

pursuant to this section, has not been disclosed to the insurer; (6) when the request is from a physician, a licensed psychologist or a qualified mental

health professional licensed for independent practice and responsible for the continuity

of care of inmates with a mental or developmental disability who are in a jail or

corrections facility, and the disclosure is only of information necessary for the

continuity of the client's treatment in the judgment of an equally qualified treating

professional who discloses the information; (7) when such disclosure is by a physician, a licensed psychologist or a qualified

mental health professional licensed for independent practice and responsible for the

treatment of inmates in a jail or corrections facility to another equally qualified

treating professional responsible for the continuation of care of the inmate upon

the inmate's release from a jail or corrections facility, and the disclosure is only

of information necessary for the continuity of the client's treatment in the judgment

of the treating professional who discloses the information; or (8) when the disclosure is made to a governmental agency, its agent or a state educational

institution, a duly organized state or county association of licensed physicians or

dentists, a licensed health facility or staff committees of such a facility for the

purpose of research, subject to the provisions of Section 14-6-1 NMSA 1978 and subject to the review of an institutional review board in compliance with the

federal Health Insurance Portability and Accountability Act of 1996 or any succeeding

legislation. C. No authorization given for the transmission or disclosure of confidential information

shall be effective unless it: (1) is in writing and signed; and (2) contains a statement of the client's right to examine and copy the information

to be disclosed, the name or title of the proposed recipient of the information and

a description of the use that may be made of the information. D. The client has a right of access to confidential information and has the right

to make copies of any information and to submit clarifying or correcting statements

and other documentation of reasonable length for inclusion with the confidential information. The statements and other documentation shall be kept with the relevant confidential

information, shall accompany it in the event of disclosure and shall be governed by

the provisions of this section to the extent they contain confidential information. Nothing in this subsection shall prohibit the denial of access to such records when

a physician or other mental health or developmental disabilities professional believes

and notes in the client's medical records that such disclosure would not be in the

best interests of the client. In any such case, the client has the right to petition the court for an order granting

such access. E. Where there exists evidence that the client whose consent to disclosure of confidential

information is sought is incapable of giving or withholding valid consent and the

client does not have a guardian or treatment guardian appointed by a court, the person

seeking such authorization shall petition the court for the appointment of a treatment

guardian to make a substitute decision for the client, except that if the client is

less than fourteen years of age, the client's parent or guardian is authorized to

consent to disclosure on behalf of the client. F. Information concerning a client disclosed under this section shall not be released

to any other person, agency or governmental entity or placed in files or computerized

data banks accessible to any persons not otherwise authorized to obtain information

under this section. G. Nothing in the code shall limit the confidentiality rights afforded by federal

statute or regulation. H. A person appointed as a treatment guardian in accordance with the Mental Health

and Developmental Disabilities Code may act as the client's personal representative

pursuant to the federal Health Insurance Portability and Accountability Act of 1996,

Sections 1171-1179 of the Social Security Act, 42 U.S.C. Section 1320d , as amended, and applicable federal regulations to obtain access to the client's

protected health information, including mental health information and relevant physical

health information, and may communicate with the client's health care providers in

furtherance of such treatment.