44th legislature - STATE OF NEW MEXICO - second session, 2000

REQUESTING THE FEDERAL SECRETARY OF HEALTH AND HUMAN SERVICES TO REVISE THE PROPOSED FEDERAL RULE ON STANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.

WHEREAS, the federal secretary of health and human services has proposed a new rule to protect the privacy of individually identifiable health information in connection with certain administrative and financial transactions, as required by the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191; and

WHEREAS, the proposed rule, 45 CFR Parts 160-164, would establish national minimum standards for the collection, use and disclosure of individually identifiable health information that is or has been maintained or transmitted electronically by health care providers, health plans and health care clearinghouses and would supersede any less protective state provisions governing the privacy of individually identifiable health information; and

WHEREAS, the proposed rule would create legal rights and delineate responsibilities concerning individually identifiable health information, including the extent to which individuals may inspect, copy, correct and restrict the release of their personal information; and

WHEREAS, the proposed rule would directly and significantly affect how individually identifiable health information is maintained and handled in New Mexico; and

WHEREAS, the state and the public have a legitimate interest in the regulation of individually identifiable health information and the appropriate balancing of individual privacy with the data needs of an effective and efficient health care system; and

WHEREAS, in 1999 the legislature adopted House Joint Memorial 20 requesting the New Mexico health policy commission to study and make recommendations concerning health data confidentiality and privacy, with participation from a broad range of agencies, institutions, professionals, health care consumers and health care industry representatives; and

WHEREAS, the task force on health data privacy and confidentiality convened by the New Mexico health policy commission in response to House Joint Memorial 20 reviewed the proposed federal rule and recommended that certain revisions be made prior to promulgation;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the federal secretary of health and human services be requested to revise the proposed rule on standards for individually identifiable health information to strengthen its privacy protections and clarify certain points, a position adopted by the New Mexico health policy commission and the task force on health data privacy and confidentiality; and

BE IT FURTHER RESOLVED that the secretary of health and human services be requested to impose stricter limits in the proposed rule on the amount and nature of personal information that may be disclosed without individual authorization, by mandating that all disclosures be restricted to the least amount of information necessary to accomplish a narrowly stated purpose and that non-individually identifiable health information be used wherever possible; and

BE IT FURTHER RESOLVED that the secretary of health and human services be requested to broaden the proposed rule to ensure that individuals have the right to access, copy and correct all of their retrievable individually identifiable health information held by an entity subject to the rule and the ability to pursue alternative avenues if their right of access is denied; and

BE IT FURTHER RESOLVED that the secretary of health and human services be requested to provide for an individual's right to restrict the release of their individually identifiable health information to the extent such disclosure is explicitly permitted or required by state or federal law, and

BE IT FURTHER RESOLVED that the secretary of health and human services be requested to clarify in the proposed rule that an individual's right to restrict disclosure of individually identifiable health information does not apply to disclosures required by state law, such as disclosures mandated by public health or the Health Information System Act; and

BE IT FURTHER RESOLVED that the secretary of health and human services be requested to extend the application of the proposed rule to all individually identifiable health information, not just information that is maintained or transmitted electronically; and

BE IT FURTHER RESOLVED that a copy of this memorial be sent to the federal secretary of health and human services.