N.M. Code R. § 7.1.20.13 – Access to Linking Database

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.
D. Prohibition on dual possession: In no event shall a requestor be in possession of both the HIDD confidential file and the HIDD clinical file at the same time.
E. Prohibition on patient identifiers: Linked files derived from the linking database shall not contain any patient identifiers.
F. Return of data: The requestor shall return the HIDD confidential file and the HIDD clinical file to the commission upon completion of the linking process and shall not retain any copies of either of these files.
[8/30/1997; 7.1.20.13 NMAC - Rn, 7 NMAC 1.20.13, 03/31/2008]