N.M. Code R. § 7.1.20.14 – Procedures for Requests of Data

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.
D. Review of requests for data: Commission staff shall conduct a preliminary review of requests made for HIS data or reports and may require the requestor to submit supplemental information to achieve a final project request. As required by this rule, commission staff shall make the determination on whether to grant the request or refer the request to the data access advisory board as appropriate. Requestors shall be notified of whether the request meets the criteria for approval within a reasonable period of time from the initial date of the request. The commission shall make reasonable efforts to review requests expeditiously within available resources.
E. Fee estimate: If a request for data or reports made pursuant to Subsection C of 7.1.20.14 NMAC is approved, commission staff shall prepare a preliminary estimate of the fee required for preparing the data or report, in accordance with 7.1.20.15 NMAC. This estimate, which shall not serve as a guarantee of final charges, shall be included with the notification of approval or disapproval provided pursuant to Subsection D of 7.1.20.14 NMAC. If the requestor agrees to pay the fee, commission staff shall proceed with preparing the data or report.
F. Provision of data: Commission staff shall prepare data or reports for approved requests within a reasonable period of time given the nature of the request, making reasonable efforts to prepare the information expeditiously within available resources. Linkage to the linking database shall be conducted within a reasonable period of time from the date the governing agreement is signed by all the parties.
[8/30/1997; 7.1.20.14 NMAC - Rn, 7 NMAC 1.20.14, 03/31/2008]