New Mexico § 52-5-3 - Reports; data gathering

§ 52-5-3. Reports; data gathering

A. The intent of this section is to allow the director to gather data and conduct

studies to evaluate the workers' compensation and occupational disease disablement

system in New Mexico. This includes evaluating the benefits structure and the costs incurred under each

version of the Workers' Compensation Act and the New Mexico Occupational Disease Disablement

Law. To this end, the director shall establish baseline data against which to assess

the changes in the law. B. The director shall independently evaluate insurance industry data pertaining to

workers' compensation and occupational disease disablement claims and payments, as

well as other information the director believes to be necessary and relevant to a

thorough evaluation of the system's effectiveness. In addition to data generated by insurance industry representatives and organizations,

the director shall collect data from employers, claimants and other relevant parties. C. Unless otherwise provided by law, the director shall have access to insurance industry

information that contains workers' compensation and occupational disease disablement

claim data as the director determines is necessary to carry out the provisions of

this section. D. The director shall have access to files and records of: (1) the workforce solutions department that pertain to: (a) the name and number of employees reported by employers; (b) employers' mailing addresses; (c) federal identification numbers; and (d) general wage information; (2) the office of superintendent of insurance that pertain to: (a) historical insurance classification rates and total premiums paid during given

periods of time; (b) insurers licensed to underwrite casualty insurance; and (c) records of group self-insurers; (3) the human services department [health care authority department] that include

names, addresses and other identifying information of recipients of benefits and services

pertaining to income support; (4) the taxation and revenue department that identify employers paying workers' compensation

assessments in accordance with Section 52-5-19 NMSA 1978; and (5) the motor vehicle division of the taxation and revenue department that pertain

to the identity of licensed drivers and the ownership of motor vehicles. E. Information that is confidential under state law shall be accessible to the director

and shall remain confidential. F. The director shall prepare an annual report. The director shall publish in that report and in other reports as the director deems

appropriate such statistical and informational reports and analyses based on reports

and records available as, in the director's opinion, will be useful in increasing

public understanding of the purposes, effectiveness, costs, coverage and administrative

procedures of workers' compensation and in providing basic information regarding the

occurrence and sources of work injuries or disablements to public and private agencies

engaged in industrial injury prevention activities. The reports shall include information concerning the nature and frequency of injuries

and occupational diseases sustained and the resulting benefits, costs and other factors

that are important to furthering the intent of this section.