N.M. Code R. § 7.1.22.8 – General Provisions

A. Issuance of reports: The commission annually shall issue, pursuant to the requirements of this rule, one or more consumer health information reports designed to assist health care consumers in comparatively evaluating the quality of care and performance of health care providers and organizations in New Mexico. Consumer health information reports may include information reported from any data provider where release of the information in a consumer health information report would effectuate the purposes of the Health Information System Act, Section 24-14A-1 et seq. NMSA 1978, and be in compliance with this rule. Consumer health information reports shall be issued by December 31 of the year following the reporting year.
B. Contents of reports: Consumer health information reports may contain, but are not limited to, the following information:
(1) performance measures that are intended to assist consumers in evaluating health care services, health care providers, organizations and payers;
(2) subjective measures obtained from health care surveys, if surveys are conducted pursuant to 7 NMAC 1.22.10 [now 7.1.22.10 NMAC]; and
(3) educational information to assist consumers in placing the information in the context of health care and the health care system.
C. Risk adjustment: The commission shall apply nationally recognized standards for risk adjustment in analyzing the data contained in consumer health information reports, to the extent feasible given the availability of appropriate data and scientifically valid methodologies.
D. Proprietary and confidential information:
(1) Proprietary information and patient confidential information shall not be disclosed in or as part of a consumer health information report by the commission.
(2) A data provider that objects on proprietary grounds to the potential release in a consumer health information report of its reported data or information derived from its reported data shall submit to the director a written request for confidentiality. This request shall explicitly and specifically identify the data and/or derived information considered to be proprietary and provide a justification for this position. The director may consult with the HIS advisory committee in determining the merits of the request and shall provide a written decision to the data provider. A data provider may appeal the director’s denial of the request to the commission. The commission shall make a final determination on the request.
[8/30/97; Recompiled 10/31/01]