HB 173 — CHILD & FAMILY DATABANK ACT

=g =o l ] 19 (4) the secretary of children, youth and at lhr rg e i 20k families or the secretary's designee;

th er ai ts (5) the secretary of aging and long-term mh m, 21t, e d services or the secretary's designee;

r e 22u cg e rb cl 23 (6) the secretary of information technology or e ae h n bd 24d i = = o h the secretary's designee;

ul [] b ,d i a º e (7) one representative of the New Mexico .213993.3r -i 5= -r HJC/HBt 173e w d sentencing commission, appointed by the New Mexico sentencing commissionm froma amongn itso membership;d m :

b e d s º o t n = .213993.3 s k m e - 5 - e a n e d r e l u [ A d HJC/HB 173 commission from among its membership;

(c) an individual with technical expertise and experience in the creation, design and e e 17 maintenance of large data systems and data security;

eh e n d 18 (d) an individual with demonstrated =g =o l ] 19 experience in the fields of civil liberties and civil rights;

at lhr rg e i 20k and th er ai ts (e) an individual from a nonpartisan mh m, 21t, e d organization that is focused solely on systems level change and r e 22u cg e rb cl 23e e h advocacy on behalf of children and families;

en ad nd bi 24= = o h (10) two members, appointed by the speaker of ul [] b ,d i a º e the house of representatives, who is a representative of .213993.3r -i 6= -r HJC/HBt 173e w d nongovernmental organizations or research universities located withinm thea staten ando whod ism engaged: in the provision of social services in the state;

b e d s º o t n = .213993.3 s k m e - 6 - e a n e d r e l u [ A d within the state and who is engaged in the provision of social services in the state;

Designated members shall serve for the e e 17 duration of the designating official's tenure in office.

Of e e n d 18 the eleven appointed commissioners named in Paragraphs (7) = = l ] 19 through (11) of Subsection A of this section who are initially a l r i 20 appointed to the board, five shall serve for a term of three th e a t years, four shall serve for a term of two years and two shall mg mo 21 e d serve for a term of one year.

At the first meeting of the rt ehr 22g c e ri ck 23 commission, the commissioners shall determine by lot who shall eh ar ni bs 24 serve three-, two- and one-year terms.

Following the uh [, t, expiration of the initial terms, appointments shall be for .213993.3e -u 7g -e HJC/HBb 173l terms of three years.

e e h n d d i = = o h E.

The governor shall call the initial meeting of l ] b ,d i a º e the commission by September 1, 2019.

At the commission's r i = r t e w d initial meeting, commissioners shall appoint a chair and a vice chair,m each of whom shall serve for two-year terms, unless removed sooner by a voten ofo two-thirdsd ofm the: commission.

b e d s º o t n = .213993.3 s k m e - 7 - e a n e d r e l u [ A d HJC/HB 173 chair, each of whom shall serve for two-year terms, unless removed sooner by a vote of two-thirds of the commission.

Members of the commission appointed in accordance with Paragraphs (9) through (11) of Subsection A of e e 17 this section may receive per diem and reimbursement for mileage e e n d 18 for work related to the commission pursuant to the Per Diem and = = l ] 19 Mileage Act.

Those members shall receive no other a l r i 20 compensation, perquisite or allowance for their service on the th e a t commission.

mg mo 21 e d SECTION 5.

[NEW MATERIAL ] POWERS AND DUTIES OF rt ehr 22g c e ri ck 23 COMMISSION.-- eh ar ni bs 24 A.

The commission shall collaborate with the uh [, t, agencies whose representatives are listed in Paragraphs (1) .213993.3e -u 8g -e HJC/HBb 173l e e h through (8) of Subsection A of Section 4 of the Child and n d d i = = o h Family Databank Act, as well as any other agency the commission l ] b ,d i a º e identifies as providing services to children and families in ther state,i to= adoptr andt promulgatee rulesw tod ensurem thata alln relevanto data that these agencies collect are integrated into the databank,state, into accordanceadopt with state and federalpromulgate privacyrules laws,to forensure research,that analysisall andd policym development.:

b e d s º o t n = .213993.3 s k m e - 8 - e a n e d r e l u [ A d relevant data that these agencies collect are integrated into the databank, in accordance with state and federal privacy laws, for research, analysis and policy development.

e e 17 D.

The commission shall establish the governance e e n d 18 infrastructure to support data sharing among state agencies and = = l ] 19 access to data by agency staff, researchers and other a l r i 20 stakeholders.

The commission shall create a governance process t e a t to guide how decisions about appropriate data uses are made and m m 21 e d how research projects are prioritized and approved, including r e 22 c e r c 23 whether any institutional review board approval is required and eh a n b 24 what privacy protections are required to secure the data.

To ug [o the extent that institutional review board review is not .213993.3t -hr 9g -e HJC/HBi 173k required for certain research projects, the commission shall h r i s establish an alternative process for ethical review of research h , t, proposals.

e u g e b l E.

The commission may adopt and promulgate rules as e e h n d d i = = o h necessary to carry out its duties under the Child and Family l ] b ,d i a º e Databank Act.

r i = r t e w d F.

To recoup costs, the commission may charge reasonablem feesa forn creatingo specializedd orm customized: reports;

b e d s º o t n = .213993.3 s k m e - 9 - e a n e d r e l u [ A d HJC/HB 173 reasonable fees for creating specialized or customized reports;

e e 17 (4) linking data from different data sets;

e e n d 18 (5) cleaning data before providing the data to = = l ] 19 researchers;

a l r i 20 (6) encrypting or securing information for t e a t researchers;

and m m 21 e d (7) assisting with analysis of data or r e 22 c e r c 23 performing other tasks in accordance with commission rules.

eh a n b 24 G.

The commission shall take steps to secure or ug [o utilize federal funding whenever possible.

The commission also .213993.3t -hr 10g -e HJC/HBi 173k is authorized and encouraged to seek grants to support the h r i s databank operations and mission from governmental entities and h , t, nonprofit organizations.

e u g e b l e e h H.

The commission shall ensure that data provided n d d i = = o h by agencies can be used across agency lines and be made l ] b ,d i a º e available to agency staff, researchers and other private and r i = r t e w d public partners in accordance with the provisions of the Child andm Familya Databankn Act,o alld applicablem federal: and state laws and the process for accessing data established by commission rules.

b e d s º o t n = .213993.3 s k m e - 10 - e a n e d r e l u [ A d and Family Databank Act, all applicable federal and state laws and the process for accessing data established by commission rules.

e e 17 (2) evaluating existing programs and e e n d 18 developing evidence-based programs and policies to address the = = l ] 19 critical issues related to child well-being in the state;

a l r i 20 (3) quantifying outcomes of program t e a t participants;

and m m 21 e d (4) developing a strategic plan or research r e 22 c e r c 23 agenda to identify and address questions relevant to the e a n b 24 programs, policies and rules of the agency.

u [ J.

The commission shall form committees to focus on .213993.3 - 11 - HJC/HB 173 specific issues required by the work of the commission, h including a committee on ethics and privacy matters.

g o K.

The commission shall establish and maintain a t hr g e i k website for internal and public use.

h r i s SECTION 6.

[NEW MATERIAL ] COMMISSION--EXECUTIVE h , t, DIRECTOR--STAFF.-- e u g e b l A.

By October 1, 2019, the commission shall hire an e e h n d d i = = o h executive director.

l ] b ,d i a º e (1) have a demonstrated competency in research r i = r t e w d and program analysis;

(2)m demonstrate a breadthn ofo knowledged onm the: social systems that will be the subject of the databank;

b e d s º o t n = .213993.3 s k m e - 11 - e a n e d r e l u [ A d HJC/HB 173 (2) demonstrate a breadth of knowledge on the social systems that will be the subject of the databank;

e e 17 (5) have an extensive management experience;

e e n d 18 and = = l ] 19 (6) possess an in-depth understanding of a l r i 20 research and analysis using administrative data.

t e a t B.

The executive director, as authorized by the m m 21 e d commission, may hire staff as necessary to carry out the duties r e 22 c e r c 23 of the commission, including staff that possess the following e a n b 24 skills:

u [ (1) experience and understanding of:

.213993.3 - 12 - HJC/HB 173 (a) integration and organization of h varied data;

g o (b) communication of complex technical t hr g e i k concepts to diverse audiences;

and h r i s (c) administrative data research h , t, methodologies;

e u g e b l e e h (2) technical expertise to:

n d d i = = o h (a) support data integration;

and l ] b ,d i a º e (b) assist researchers and analysts in r i = r t e w d obtaining the appropriate data to meet needs;

(3)m experiencea inn creatingo andd maintainingm large: data systems, linked data and data security;

b e d s º o t n = .213993.3 s k m e - 12 - e a n e d r e l u [ A d (3) experience in creating and maintaining large data systems, linked data and data security;

(b) the historical, cultural and ethical e e 17 implications surrounding data use;

and e e n d 18 (c) protecting the privacy and security = = l ] 19 of individually identifiable information;

a l r i 20 (5) the ability to conduct qualitative and t e a t quantitative research and support;

and m m 21 e d (6) the ability to assist in evaluating agency r e 22 c e r c 23 programming and developing evidence-based policy.

e a n b 24 SECTION 7.

[NEW MATERIAL ] AGENCY DATA SHARING.-- u [ A.

Absent a specific legal prohibition to the .213993.3 - 13 - HJC/HB 173 contrary, the following agencies shall share their available data with the databank in accordance with the provisions of a contractual agreement that the commission executes with each of the following agencies, which agreement shall address the h relevant legal and privacy concerns of each party:

g o (1) the department of health;

t hr g e i k (2) the human services department;

h r i s (3) the children, youth and families h , t, department;

e u g e b l (4) the public education department;

e e h n d d i = = o h (5) the corrections department;

l ] b ,d i a º e (6) the administrative office of the courts;

r i = r t e w d and (7)m thea Newn Mexicoo sentencingd commission.m :

b e d s º o t n = .213993.3 s k m e - 13 - e a n e d r e l u [ A d HJC/HB 173 (7) the New Mexico sentencing commission.

The data shared in accordance with the contractual agreement executed pursuant to Subsection A of this e e 17 section shall include historical record-level administrative e e n d 18 data that range in date as far in the past as practicable, = = l ] 19 including a minimum of five previous years' data, unless such a l r i 20 data are unavailable.

t e a t C.

The contractual agreement required pursuant to m m 21 e d Subsection A of this section shall be executed by June 30, r e 22 c e r c 23 2020.

e a n b 24 D.

Agencies shall cooperate with the commission in u [ the drafting and execution of their respective contractual .213993.3 - 14 - HJC/HB 173 agreement executed pursuant to Subsection A of this section.

h (2) the conditions or restrictions for the g o release and use of data so as to comply with all applicable t hr g e i k state and federal laws;

and h r i s (3) security measures to be taken to protect h , t, the confidentiality of the data.

e u g e b l e e h E.

At a minimum, the department of health shall n d d i = = o h share the following data with the databank:

l ] b ,d i a º e (1) demographics relating to individuals to r i = r t e w d whom the department provides services and to public health measuresm thata then departmento collects;d m :

b e d s º o t n = .213993.3 s k m e - 14 - e a n e d r e l u [ A d measures that the department collects;

e e 17 (3) inpatient hospital discharge data, e e n d 18 including emergency department usage;

= = l ] 19 (4) emergency department usage;

a l r i 20 (5) emergency medical services data;

t e a t (6) environmental health and injury data;

and m m 21 e d (7) family, infant, toddler program r e 22 c e r c 23 participation information.

e a n b 24 F.

At a minimum, the human services department u [ shall share the following data with the databank:

.213993.3 - 15 - HJC/HB 173 (1) demographics relating to recipients of medical assistance;

(a) the supplemental nutrition h assistance program;

g o (b) cash assistance programs;

t hr g e i k (c) utility payment assistance programs;

h r i s (d) child support enforcement;

and h , t, (e) behavioral health services.

e u g e b l G.

The public education department shall share with e e h n d d i = = o h the databank data regarding students and public schools in the l ] b ,d i a º e state, including the following:

r i = r t e w d (1) student attendance;

em ea 17n (2)o studentd demographics;m :

b e d s º o t n = .213993.3 s k m e - 15 - e a n e d 18r (3)e graduationl rates;u [ A d HJC/HB 173 (2) student demographics;

=(3) =graduation lrates; ] 19 (4) student achievement, including a l r i 20 proficiencies in math, reading and science;

t(4) estudent aachievement, tincluding (5)proficiencies teachers'in trainingmath, reading and qualifications;science;

m(5) mteachers' 21training e d (6) student and teacherqualifications; disciplinary r e 22 c e r c 23 information;

e(6) astudent nand bteacher 24disciplinary (7)information; course offerings;

u(7) [course (8)offerings; post-secondary education;

and(8) .213993.3post-secondary -education; 16 - HJC/HB 173 (9) other information relevant to the well- being of children and families in the state.

and (9) other information relevant to the well- being of children and families in the state.

(1) demographics on families and individuals h to whom the department provides services or intervention;

g o (2) juvenile justice;

t hr g e i k (3) behavioral health services;

h r i s (4) early childhood services, including pre- h , t, kindergarten, home visiting, daycare, family nutrition and head e u g e b l e e h start;

and n d d i = = o h (5) the protective services division, l ] b ,d i a º e including:

r i = r t e w d (a) foster care;

em ea 17n (b)o adoptions;d m :

eb e d s º o t n d= 18.213993.3 (c)s reportsk andm investigationse for- =16 =- le ]a 19n allegationse ofd childr abusee andl neglect;u [ A d (b) adoptions;

a(c) lreports rand iinvestigations 20for (d)allegations permanencyof planning;child abuse and neglect;

and(d) tpermanency eplanning; a t (e) youth services.

mand m(e) 21youth eservices. d I.

TheI. corrections department shall share state- r e 22 c e r c 23 level corrections data with the databank, including information e a n b 24 relating to:

uThe [corrections (1)department inmateshall andshare paroleestate- demographics;level corrections data with the databank, including information relating to:

.213993.3(1) -inmate 17 - HJC/HB 173 (2) offender intake and sentencing;parolee demographics;

(2) offender intake and sentencing;

In addition to the agencies and programs listed in Subsections A through I of this section, other agencies or programs that the commission identifies as having data that are h relevant to the well-being of children and families in the g o state shall share their data with the databank, to the extent t hr g e i k legally permissible and upon execution of a contractual h r i s agreement in accordance with the provisions of Subsections A h , t, through D of this section.

These data shall include e u g e b l demographic information.

e e 17h n d d i = = o h L.

Agencies shall provide their data to the el e] nb d,d 18i a º e databank host pursuant to Section 9 of the Child and Family =r i = lr ]t 19e w d Databank Act in the formats and schedules determined by the m a ln ro id 20m commission: but no less than annually.

b e d s º o t n = .213993.3 s k m e - 17 - e a tn M.e d r e l u [ A d HJC/HB 173 commission but no less than annually.

AgenciesM. shall cooperate with the commission and m m 21 e d other agencies in the evaluation of programs and policy r e 22 c e r c 23 development and work toward cross-sector collaboration in the e a n b 24 provision of services to children and families statewide.

uAgencies [shall SECTIONcooperate 8.with the commission and other agencies in the evaluation of programs and policy development and work toward cross-sector collaboration in the provision of services to children and families statewide.

[NEWSECTION MATERIAL8. ] DATABANK POLICY OFFICER.-- .213993.3 - 18 - HJC/HB 173 A.

[NEW MATERIAL ] DATABANK POLICY OFFICER.-- A.

(3) expertise sufficient to support agency h staff in the evaluation of programming and in evidence-based g o policymaking;

t hr g e i k (4) the ability to communicate complex h r i s technical concepts to different audiences;

and h , t, (5) the capacity to understand research e u g e b l e e h methodologies relating to administrative data.

en ed 17d i = = o h B.

A databank policy officer shall be responsible el e] nb d,d 18i a º e for:

=r i = lr ]t 19e w d m a n o (1) coordinating and liaising with the ad lm r: i 20 commission;

tb e ad ts (2)º assistingo witht then identification= of.213993.3 datas mk m 21e - 18 - e a n e d setsr toe includel inu the[ databank;A d commission;

and(2) rassisting e 22 c e r c 23 (3) coordinating with the commissionidentification andof thedata esets a n b 24 databank host to transmitinclude and share data, assist agencies in u [ identifying priority programs and policies for analysis and .213993.3 - 19 - HJC/HB 173 work within the agencydatabank; and with the commission to identify and implement areas of cross-sector collaboration and improved delivery of services.

and (3) coordinating with the commission and the databank host to transmit and share data, assist agencies in identifying priority programs and policies for analysis and work within the agency and with the commission to identify and implement areas of cross-sector collaboration and improved delivery of services.

[NEW MATERIAL ] PUBLICATIONS.-- h A.

The commission shall require that any researcher g o that seeks to use databank data provide the commission with a t hr g e i k summary of its findings for publication on the commission's eh er 17i s website.

eh e, nt, d 18 B.

An agency shall not prevent publication because =e =u g e b l ]e 19e h it disagrees with a researcher's findings or conclusions.

an ld rd i 20= = o h SECTION 11.

[NEW MATERIAL ] DATA OWNERSHIP.-- tl e] b ,d i a tº e Notwithstanding the requirements set forth in the Child and mr mi 21= e d r t e 22w d Family Databank Act to share data, each agency shall retain cm ea rn co 23d ownershipm of: its original data set.

b e d s º o t n = .213993.3 s k m e - 19 - e a n be 24d SECTIONr 12.e l u [ A d HJC/HB 173 ownership of its original data set.

[NEWSECTION MATERIAL12. ] OTHER LAWS.--If the u [ transmission of data to the commission is specifically .213993.3 - 20 - HJC/HB 173 prohibited by state or federal law, an agency shall work with the commission to identify any edits, deletions or additional protections that can be made to comply with state and federal laws allowing data to be provided to the commission.

[NEW MATERIAL ] OTHER LAWS.--If the transmission of data to the commission is specifically prohibited by state or federal law, an agency shall work with the commission to identify any edits, deletions or additional protections that can be made to comply with state and federal laws allowing data to be provided to the commission.

DISCLOSURE OF INFORMATION.-- h A.

Except as otherwise provided in the Children's g o t hr Mental Health and Developmental Disabilities Act, a person g e i k shall not, without the authorization of the child, disclose or eh er 17i s transmit any confidential information from which a person well- eh e, nt, d 18 acquainted with the child might recognize the child as the =e =u g e b l ]e 19e h described person or any code, number or other means that could an ld rd i 20= = o h be used to match the child with confidential information tl e] b ,d i a tº e regarding the child.

mr mi 21= r t e w d m a n o B.

When the child is under fourteen years of age, rd em 22: c e r c 23 the child's legal custodian is authorized to consent to e a n b 24 disclosure on behalf of the child.

Informationb shalle alsod bes uº [o disclosedt ton a= court-appointed.213993.3 guardians adk litemm withoute .213993.3 - 2120 - HJC/HBe 173a consentn ofe thed childr ore l u [ A d the child's legal custodian.custodian is authorized to consent to disclosure on behalf of the child.

Information shall also be disclosed to a court-appointed guardian ad litem without consent of the child or the child's legal custodian.

If the legal custodian is not authorized to make decisions for a child under the Children's Mental Health and Developmental Disabilities Act, the person seeking authorization shall petition the court for the appointment of a treatment guardian to make a decision for such eh e 17 a child.

eg eo n d 18 D.

Authorization from the child or legal custodian =t =hr lg ]e 19i k for a child less than fourteen years of age shall not be ah l r i 20s required for the disclosure or transmission of confidential th e, at, t information when the disclosure or transmission:

me mu 21g e db l (1) is necessary for treatment of the child re e 22h cn ed rd ci 23= = o h and is made in response to a request from a clinician;

el a] n b 24,d i a º e (2) is necessary to protect against a clear ur [i = r t e w d and substantial risk of imminent serious physical injury or .213993.3m -a 22n -o HJC/HBd 173m death: inflicted by the child on self or another;

b e d s º o t n = .213993.3 s k m e - 21 - e a n e d r e l u [ A d HJC/HB 173 death inflicted by the child on self or another;

It shall not be a eh e 17 defense to an insurer's obligation to pay that the information eu e» nr d 18 relating to the residential treatment of the child, apart from =t =h lg ]e 19 information disclosed pursuant to this section, has not been a l i h r i 20s disclosed to the insurer;

th , e ah t (6) is to a protection and advocacy mt mu 21g e db l representative pursuant to the federal Developmental re e 22, cgh en rd cd 23i = = o h Disabilities Assistance and Bill of Rights Act and the federal el a] n b 24,d i a º r Protection and Advocacy for Individuals with Mental Illness ue [r = t e w d Act;

[or][or .213993.3] -m 23 - HJC/HB 173 (7) is pursuant to a courtn ordero issuedd form good: cause shown after notice to the child and the child's legal custodian and opportunity to be heard is given.

b r e t º o t n = .213993.3 s k m e - 22 - e a n e d r e l u [ A d (7) is pursuant to a court order issued for good cause shown after notice to the child and the child's legal custodian and opportunity to be heard is given.

or (8) is made to a governmental agency, its agent or a state education institution, a duly organized state or county association of licensed physicians or dentists, a licensed health facility or staff committee of a licensed health facility, for the purpose of research, subject to the provisions of Section 14-6-1 NMSA 1978 and subject to the e e 17 review of an institutional review board in compliance with the e e n d 18 federal Health Insurance Portability and Accountability Act of = = l ] 19 1996 or any succeeding legislation.

ah l r i 20 E.

A disclosure ordered by the court shall be tg eo a t limited to the information that is essential to carry out the mt mhr 21g e di k purpose of the disclosure.

Disclosure shall be limited to rh e 22 c e r ci 23s those persons whose need for the information forms the basis eh a, nt, b 24 for the order.

An order by the court shall include such other e u [g e b l measures as are necessary to limit disclosure for the .213993.3e -e 24h -n HJC/HBd 173d i = = o h protection of the child, including sealing from public scrutiny l ] b ,d i a º e the record of a proceeding for which disclosure of a child's r i = r t e w d record has been ordered.

F.m a n o d m :

b e d s º o t n = .213993.3 s k m e - 23 - e a n e d r e l u [ A d HJC/HB 173 F.

The statements e e 17 and other documentation shall be kept with the relevant e e n d 18 confidential information, shall accompany it in the event of = = l ] 19 disclosure and shall be governed by the provisions of this ah l r i 20 section to the extent the statements or other documentation tg eo a t contain confidential information.

Nothing in this subsection mt mhr 21g e di k shall prohibit the denial of access to the records when a rh e 22 c e r ci 23s physician or other mental health or developmental disabilities eh a, nt, b 24 professional believes and notes in the child's medical records e u [g e b l e e h that the disclosure would not be in the best interests of the .213993.3n -d 25d -i HJC/HB= 173= o h child.

In all cases, the child has the right to petition the l ] b ,d i a º e court for an order granting access.

r i = r t e w d H.

Information concerning a child disclosed under thism sectiona shalln noto bed releasedm to: any other person, agency or governmental entity or placed in files or computerized data banks accessible to any persons not otherwise authorized to obtain information under this section.

b e d s º o t n = .213993.3 s k m e - 24 - e a n e d r e l u [ A d this section shall not be released to any other person, agency or governmental entity or placed in files or computerized data banks accessible to any persons not otherwise authorized to obtain information under this section.

e e 17 I.

Nothing in the Children's Mental Health and e e n d 18 Developmental Disabilities Act shall limit the confidentiality = = l ] 19 rights afforded by federal statute or regulation.

a l r i 20 J.

The department shall promulgate rules for t e a t implementing disclosure of records pursuant to this section and m m 21 e d in compliance with state and federal law and the Children's rh e 22 c e r c 23 Court Rules." eg ao n b 24 SECTION 15.

Section 43-1-19 NMSA 1978 (being Laws 1977, ut [hr g e i k Chapter 279, Section 18, as amended) is amended to read:

.213993.3h -r 26i -s HJC/HB 173 "43-1-19.

DISCLOSURE OF INFORMATION.-- h , t, A.

Except as otherwise provided in the code, no e u g e b l person shall, without the authorization of the client, disclose e e h n d d i = = o h or transmit any confidential information from which a person l ] b ,d i a º e well acquainted with the client might recognize the client as r i = r t e w d the described person, or any code, number or other means that canm bea usedn too matchd them client: with confidential information regarding the client.

b e d s º o t n = .213993.3 s k m e - 25 - e a n e d r e l u [ A d HJC/HB 173 can be used to match the client with confidential information regarding the client.

(1) when the request is from a mental health or developmental disability professional or from an employee or trainee working with a person with a mental disability or developmental disability, to the extent that the practice, employment or training on behalf of the client requires access e e 17 to such information is necessary;

e e n d 18 (2) when such disclosure is necessary to = = l ] 19 protect against a clear and substantial risk of imminent a l r i 20 serious physical injury or death inflicted by the client on the t e a t client's self or another;

m m 21 e d (3) when the disclosure is made pursuant to rh e 22 c e r c 23 the provisions of the Assisted Outpatient Treatment Act, using eu a» nr b 24 reasonable efforts to limit protected health information to ut [h g e that which is minimally necessary to accomplish the intended .213993.3l -i 27h -r HJC/HBi 173s purpose of the use, disclosure or request;

h , e h (4) when the disclosure of such information is t u g e b l to the primary caregiver of the client and the disclosure is e e , gh n d d i = = o h only of information necessary for the continuity of the l ] b ,d i a º r client's treatment in the judgment of the treating physician or e r = t e w d certified psychologist who discloses the information;

[or ] (5)m whena suchn disclosureo isd tom an: insurer contractually obligated to pay part or all of the expenses relating to the treatment of the client at the residential facility.

b r e t º o t n = .213993.3 s k m e - 26 - e a n e d r e l u [ A d (5) when such disclosure is to an insurer contractually obligated to pay part or all of the expenses relating to the treatment of the client at the residential facility.

It shall not be a defense to an insurer's obligation to pay that the information relating to the residential treatment of the client, apart from information disclosed pursuant to this section, has not been disclosed to e e 17 the insurer;

or e e n d 18 (6) when the disclosure is made to a = = l ] 19 governmental agency, its agent or a state educational a l r i 20 institution, a duly organized state or county association of t e a t licensed physicians or dentists, a licensed health facility or m m 21 e d staff committees of such a facility for the purpose of r e 22 c e r c 23 research, subject to the provisions of Section 14-6-1 NMSA 1978 e a n b 24 and subject to the review of an institutional review board in u [ compliance with the federal Health Insurance Portability and .213993.3h - 28 - HJC/HB 173 Accountability Act of 1996 or any succeeding legislationlegislation. .

g o C.

No authorization given for the transmission or t hr g e i k disclosure of confidential information shall be effective h r i s unless it:

h , t, (1) is in writing and signed;

and e u g e b l (2) contains a statement of the client's right e e h n d d i = = o h to examine and copy the information to be disclosed, the name l ] b ,d i a º e or title of the proposed recipient of the information and a r i = r t e w d description of the use that may be made of the information.

D.m a n o d m :

b e d s º o t n = .213993.3 s k m e - 27 - e a n e d r e l u [ A d HJC/HB 173 D.

The statements and other documentation shall be kept with the relevant confidential information, shall accompany it in the event of disclosure and e e 17 shall be governed by the provisions of this section to the e e n d 18 extent they contain confidential information.

Nothing in this = = l ] 19 subsection shall prohibit the denial of access to such records a l r i 20 when a physician or other mental health or developmental t e a t disabilities professional believes and notes in the client's m m 21 e d medical records that such disclosure would not be in the best r e 22 c e r c 23 interests of the client.

In any such case, the client has the e a n b 24 right to petition the court for an order granting such access.

u [ E.

Where there exists evidence that the client .213993.3h - 29 - HJC/HB 173 whose consent to disclosure of confidential information is u » r sought is incapable of giving or withholding valid consent and t h g e the client does not have a guardian or treatment guardian l i h r i s appointed by a court, the person seeking such authorization h , e h shall petition the court for the appointment of a treatment t u g e b l guardian to make a substitute decision for the client, except e e , gh n d d i = = o h that if the client is less than fourteen years of age, the l ] b ,d i a º r client's parent or guardian is authorized to consent to e r = t e w d disclosure on behalf of the client.

F.m a n o d m :

b r e t º o t n = .213993.3 s k m e - 28 - e a n e d r e l u [ A d F.

Nothing in the code shall limit the confidentiality rights afforded by federal statute or e e 17 regulation.

e e n d 18 H.

A person appointed as a treatment guardian in = = l ] 19 accordance with the [Mental Health and Developmental a l r i 20 Disabilities] code may act as the client's personal t e a t representative pursuant to the federal Health Insurance m m 21 e d Portability and Accountability Act of 1996, Sections 1171-1179 r e 22 c e r c 23 of the Social Security Act, 42 U.S.C.

Section 1320d, as e a n b 24 amended, and applicable federal regulations to obtain access to u [ the client's protected health information, including mental .213993.3 - 30 - HJC/HB 173 health information and relevant physical health information, and may communicate with the client's health care providers in furtherance of such treatment." h HAFCº SECTION 16.

APPROPRIATION.--Three million seven g o hundred thirty-eight thousand dollars ($3,738,000) is t hr g e i k appropriated from the general fund to the office of the h r i s governor for expenditure in fiscal years 2020 and 2021 to h , t, establish a child and family databank commission and a child e u g e b l e e h and family databank and to implement the provisions of the n d d i = = o h Child and Family Databank Act.

Any unexpended or unencumbered l ] b ,d i a º e balance remaining at the end of fiscal year 2021 shall revert r i = r t e w d m a n o to the general fund.fund.»HAFC - 29 - d m :

-b 31 - 14 16 e ed 17s eº eo t n d 18 = =.213993.3 ls ]k 19m ae l r i 20 t e a tn m m 21 e d r e 22l c e r c 23 e a n b 24 u [ .213993.3A d