0001|                       HOUSE JOINT MEMORIAL 30
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          TERRY T. MARQUARDT
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0005|     
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0006|                                   
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0007|     
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0008|             FOR THE HEALTH AND WELFARE REFORM COMMITTEE
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0009|     
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0010|                           A JOINT MEMORIAL
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0011|     REQUESTING THE NEW MEXICO HEALTH POLICY COMMISSION TO REVIEW
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0012|     AND MAKE RECOMMENDATIONS REGARDING HEALTH DATA PRIVACY AND
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0013|     CONFIDENTIALITY AND HEALTH DATA SECURITY STANDARDS.
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0014|     
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0015|          WHEREAS, individuals expect confidential, respectful
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0016|     treatment of personal information about their health; and
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0017|          WHEREAS, many participants in the health care system and
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0018|     government have legitimate needs to access health care
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0019|     information in performing their roles and access to such
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0020|     information has potential benefits to the health of New Mexico
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0021|     and an effective, efficient health care system; and
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0022|          WHEREAS, health data is increasingly collected, shared,
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0023|     analyzed, accessed and stored by a variety of entities; and
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0024|          WHEREAS, health data increasingly is electronically
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0025|     transmitted, including via the internet, which enhances the
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0001|     efficiency of the health care system, yet raises concerns
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0002|     regarding unauthorized access to such data; and
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0003|          WHEREAS, the state is best positioned to ensure an
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0004|     appropriate balance between the privacy of individuals and the
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0005|     legitimate needs of access to personal health data; and
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0006|          WHEREAS, New Mexico has multiple fragmented statutes
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0007|     pertaining to health data confidentiality and privacy and few
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0008|     provisions for required electronic transmission security; and
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0009|          WHEREAS, the federal Health Insurance Portability and
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0010|     Accountability Act of 1996, Public Law 104-191, requires the
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0011|     federal secretary of health and human services to adopt
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0012|     security transmission standards for a subset of health data
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0013|     exchanges; and
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0014|          WHEREAS, the secretary of health and human services, in
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0015|     accordance with Public Law 104-191, has made recommendations
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0016|     to congress regarding confidentiality and privacy of health
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0017|     data and congress is expected to establish a minimum level of
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0018|     protection, allowing states to impose requirements, standards
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0019|     or implementation specifications that are more stringent;
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0020|          NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0021|     STATE OF NEW MEXICO that the New Mexico health policy
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0022|     commission, working with members of the health information
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0023|     alliance, study and make recommendations concerning the
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0024|     appropriate protection, access, use, disclosure and electronic
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0025|     transmission security standards of personal health data; and 
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0001|          BE IT FURTHER RESOLVED that the commission review 
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0002|     federal law and New Mexico law on health data confidentiality
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0003|     and privacy, electronic transmission of health data and
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0004|     security standards, and the health care industry and security
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0005|     technical standards; and
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0006|          BE IT FURTHER RESOLVED that the views of the New Mexico
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0007|     public and the balance between privacy and benefits to the
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0008|     state and the health of New Mexico from access to personal
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0009|     health data be considered; and
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0010|          BE IT FURTHER RESOLVED that careful consideration be
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0011|     given to the privacy rights of individuals, including the use
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0012|     and disclosure of personal identifiable health information and
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0013|     the need for authorization; and
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0014|          BE IT FURTHER RESOLVED that the technical capabilities of
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0015|     the health care industry and costs of security measures,
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0016|     especially in regards to implementation by small and rural
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0017|     health care providers be considered; and
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0018|          BE IT FURTHER RESOLVED that the New Mexico health policy
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0019|     commission and health information alliance seek participation
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0020|     by all state government agencies responsible for health,
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0021|     health care services and insurance; the state chief
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0022|     information officer; the private health care sector;
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0023|     consumers; and individuals with security, technical and
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0024|     pertinent legal expertise; and
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0025|          BE IT FURTHER RESOLVED that the New Mexico health policy
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0001|     commission present a preliminary report by October 15, 1998
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0002|     and final assessment and recommendation by October 1, 1999 to 
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0003|     the appropriate legislative committee; and
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0004|          BE IT FURTHER RESOLVED that a copy of this memorial be
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0005|     sent to the chairman of the New Mexico health policy
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0006|     commission for distribution to appropriate state departments
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0007|     and agencies and other persons.
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0008|                              
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