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Home » US Law » 2021 New Mexico Statutes » Chapter 24 - Health and Safety » Article 14B - Electronic Medical Records

Section 24-14B-1 – Short title.

This act [24-14B-1 to 24-14B-10 NMSA 1978] may be cited as the “Electronic Medical Records Act”. History: Laws 2009, ch. 69, § 1. ANNOTATIONS Effective dates. — Laws 2009, ch. 69 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment […]

Section 24-14B-10 – State agency; electronic medical records.

If a state agency requires the use of electronic medical records for any type of health care or health coverage program, the agency shall allow a health care group purchaser, health care institution, health information exchange, provider, record locator service or any other person to use any public, proprietary or open source hardware or software; […]

Section 24-14B-2 – Purpose.

The purpose of the Electronic Medical Records Act is to provide for the use, disclosure and protection of electronic medical records. History: Laws 2009, ch. 69, § 2. ANNOTATIONS Effective dates. — Laws 2009, ch. 69 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, […]

Section 24-14B-3 – Definitions.

As used in the Electronic Medical Records Act: A. “demographic information” means information that identifies the individual who is the subject of the health care information, including the individual’s name, date of birth and address and other information necessary to identify the individual, that may be used to identify the individual or that associates the […]

Section 24-14B-5 – Retention of electronic medical records.

A. If a law or rule requires that a medical record be retained, the requirement is satisfied by retaining an electronic record that: (1) accurately reflects the medical record; and (2) remains accessible and is capable of being accurately reproduced for later reference. B. If a law or rule requires a medical record to be […]

Section 24-14B-6 – Use and disclosure of electronic health care information.

A. A provider, health care institution, health information exchange or health care group purchaser shall not use or disclose health care information in an individual’s electronic medical record to another person without the consent of the individual except as allowed by state or federal law. B. A provider, health care institution or health care group […]

Section 24-14B-7 – Liability.

If an individual requests to exclude all of the individual’s information from the record locator service pursuant to Subsection E of Section 6 [24-14B-6 NMSA 1978] of the Electronic Medical Records Act, the record locator service, health information exchange, health care institution or provider shall not be liable for any harm to the individual caused […]

Section 24-14B-8 – Out-of-state disclosures.

A disclosure otherwise permissible under the Electronic Medical Records Act may be made to providers, health care group purchasers, health care institutions, health information exchanges or record locator services located or operating outside of the state. History: Laws 2009, ch. 69, § 8. ANNOTATIONS Effective dates. — Laws 2009, ch. 69 contained no effective date […]

Section 24-14B-9 – Exclusion of certain insurers.

Nothing in the Electronic Medical Records Act shall be construed to apply to a person operating as a property and casualty insurer, workers’ compensation insurer, life insurer, long-term care insurer or disability income insurer. History: Laws 2009, ch. 69, § 9. ANNOTATIONS Effective dates. — Laws 2009, ch. 69 contained no effective date provision, but, […]