HOUSE BILL 503

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

D. Wonda Johnson

AN ACT

RELATING TO PUBLIC HEALTH; ENACTING THE MATERNAL MORTALITY PREVENTION ACT TO ESTABLISH A MATERNAL MORTALITY REVIEW COMMITTEE TO REVIEW MATERNAL MORTALITY IN THE STATE AND MAKE RECOMMENDATIONS FOR PREVENTING FURTHER MATERNAL MORTALITY; ESTABLISHING A CRIMINAL PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Maternal Mortality Prevention Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Maternal Mortality Prevention Act:

          A. "aggregate data" means health care data that exclude any individually identifiable health information but may include data that identify a health care provider;

          B. "committee" means the maternal mortality review committee;

          C. "department" means the department of health;

          D. "health care provider" means:

                (1) an individual licensed, certified or otherwise authorized to provide health care services in the ordinary course of business in the state; or

                (2) a health facility that the department licenses;

          E. "law enforcement agency" means a law enforcement agency of the state or a political subdivision of the state;

          F. "maternal mortality" means the death of a pregnant woman or a woman within one year postpartum; and

          G. "medical record" means the written or graphic documentation, sound recording or electronic record relating to medical, behavioral health and health care services that a patient receives from a person licensed, certified or otherwise authorized under law to provide the services, under the direction of a physician or another licensed health care provider. "Medical record" includes diagnostic documentation, including an x-ray, electrocardiogram and electroencephalogram; other test results; data entered into a prescription drug monitoring program; and an autopsy report.

     SECTION 3. [NEW MATERIAL] MATERNAL MORTALITY COMMITTEE--CREATION--MEMBERSHIP--DUTIES.--

          A. The "maternal mortality review committee" is created in the department. The committee shall be composed of a maximum of twenty-five members that the chief medical officer of the department shall appoint to serve three-year terms. In appointing members of the committee, the chief medical officer shall include members from geographic areas throughout the state with knowledge of maternal mortality.

          B. The committee shall:

                (1) review each maternal mortality in the state, including medical records and other relevant data related to each maternal mortality;

                (2) investigate and review incidences of maternal mortality;

                (3) outline trends and patterns relating to maternal mortality in the state;

                (4) compile reports using aggregate data on a routine basis in an effort to further study the causes and problems associated with maternal mortality and distribute these reports to the legislature, government agencies, health care providers and others as necessary to reduce the maternal mortality rate in the state;

                (5) serve as a link with maternal mortality review teams nationwide and participate in national maternal mortality review team activities; and

                (6) perform any other functions as resources allow to enhance efforts to reduce and prevent maternal mortality in the state.

     SECTION 4. [NEW MATERIAL] ACCESS TO HEALTH INFORMATION.--

          A. Except as otherwise provided by law, the committee may access medical records and other health information relating to an incidence of maternal mortality at any time after three years from the date of the incidence. A health care provider shall provide medical records and other requested health information to the department relating to each incidence of maternal mortality for access by members of the committee. Upon the request of the department, a law enforcement agency shall provide any report relating to an incidence of maternal mortality to the committee. A health care provider or law enforcement agency that provides a medical record, health information or report pursuant to this section in good faith shall not be held criminally or civilly liable for that release of information.

          B. The following shall be confidential and shall not be subject to the Open Meetings Act or the Inspection of Public Records Act or subject to any subpoena, discovery request or introduction into evidence in a civil or criminal proceeding unless obtained from a source separate and apart from the committee or department:

                (1) any committee meeting or activity of the committee, including any activity of an ad-hoc panel of the committee; and

                (2) except as may be necessary in furtherance of the duties of the committee or in response to an alleged violation of a confidentiality agreement pursuant to Subsection C of this section, any information, record, report, notes, memorandum or other data that the department or committee obtains pursuant to the Maternal Mortality Prevention Act.

          C. Each committee member shall sign a confidentiality agreement that indicates the member's adherence to the provisions of this section. A person that knowingly violates the confidentiality agreement is guilty of a misdemeanor and upon conviction therefor shall be imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000), or to both such imprisonment and fine in the discretion of the judge.

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