N.M. Code R. § 7.1.20.16 – Data Access Advisory Board

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.
E. Requests for access to the linking database: In determining whether to recommend to the commission approval of a request for access to the linking database, the data access advisory board shall evaluate whether the following criteria are satisfied:
(1) all the criteria listed in Subsection D of 7.1.20.16 NMAC shall be met;
(2) the requestor’s purpose shall be impractical without access to the linking database;
(3) the requestor shall demonstrate sufficient capability to perform the linking process, including financial and personnel resources; and
(4) the requestor’s intended use of the information shall:
(a) contain reasonable safeguards, as determined by the board, to protect the information from redisclosure; and
(b) contain reasonable safeguards, as determined by the board, to protect against the identification of any patient in any report produced by the requestor based on the data.
F. Review of recommendation: The data access advisory board shall report to the director or the chair of the commission, as required by this rule, the board’s recommendation on approval, denial or modification of a request for access to data in or reports based on the analytical database or linking database. Where authorized by the rule, the director or the commission shall determine whether to grant the request.
[8/30/1997; 7.1.20.16 NMAC - Rn, 7 NMAC 1.20.16, 03/31/2008]