SB 202 — CHILD & FAMILY DATABANK ACT

e.214337.4 e- n2 d- 18SJC/SB 202 I.

"institutional review board" means a board, = = l ] 19 committee or other group that:

a l r i 20 (1) is formally designated by an institution t e a t to approve theresearch initiation,involving human subjects and to conduct periodic review,review of mthe mresearch 21to eensure dthe rprotection eof 22the researchrights involvingand welfare of the human subjects.subjects but not to review a clinical trial for scientific merit;

The(2) primary purpose of the c e r c 23 human subjects review is to ensure the protection of the rights e a nnonpartisan bentity; 24 and welfare of the human subjects and not to review a clinical u [ trial for scientific merit;

.210980.7 - 4 - (2) is a nonpartisan entity;

"qualified"multi-system" nonprofit entity" means an entityindividual that:or family who is involved, as a client, participant, recipient of services or other affected party, with more than one state or federal social program, including child welfare, income support, corrections, health care and similar programs;

(1) has a mission singularly dedicated to solving child and familyK. welfare and poverty issues in the state through systemic change;

(2)"researcher" ismeans aan nonpartisanindividual entity;or entity that e e 17 requests to use or access information in the databank.

(3)e hase expertisen ind governance18 structuresSECTION of:3.

(a)[NEW integratedMATERIAL data] systems;CHILD AND FAMILY DATABANK = = l ] 19 COMMISSION--CREATION--APPOINTMENT--MEMBERSHIP.-- a l r i 20 A.

The "child and (b)family privacydatabank requirements,commission" includingis t e a deept knowledgecreated as a nonpartisan commission administratively attached m m 21 e d to the department of statehealth and federalconsists privacyof laws;fifteen members as r e 22 c e r c 23 follows:

(4)e hasa expertisen inb 24 (1) the ethicalsecretary considerationsof relatinghuman toservices integratedor data;the u [ secretary's designee;

(5).214337.4 has- demonstrated3 competency- inSJC/SB research202 e(2) ethe 17secretary andof programhealth analysis;or the secretary's designee;

e(3) ethe nsecretary dof 18public (6)education hasor athe provensecretary's abilitydesignee; to work across = = l ] 19 disciplines;

a(4) l r i 20 (7) has the abilitysecretary toof establish,children, incubateyouth and tfamilies eor athe tsecretary's implementdesignee; projects at scale;

and(5) mthe msecretary 21 e d r e 22 (8) demonstrates a breadth of knowledgeaging onand clong-term eservices ror c 23 social systems that will be the subjectsecretary's ofdesignee; the databank;

and(6) ethe asecretary nof binformation 24technology K.or the secretary's designee;

"researcher"(7) meansone arepresentative personwho that is employed or u [ contracted by or affiliated with a nonprofitmember privateof entitythe orNew .210980.7Mexico -sentencing 5commission, -appointed academic research institution and is not employed or contracted by orthe otherwiseNew affiliatedMexico withsentencing acommission; state agency providing direct services to families.

SECTION(8) 4.four members of the general public, appointed by the New Mexico legislative council, as follows:

[NEW(a) MATERIALan individual with experience in e e 17 human subjects research and a demonstrated understanding of the e e n d 18 ethical considerations in that research who is affiliated with = = l ] CHILD19 ANDa FAMILYresearch DATABANKuniversity COMMISSION--CREATION--APPOINTMENT--MEMBERSHIP.--located A.in the state;

Thea "childl andr familyi databank20 commission"(b) isan createdindividual aswith atechnical nonpartisant commissione administrativelya attachedt toexpertise theand officeexperience ofin the governorcreation, design and consistsm m 21 e d maintenance of thirteenlarge membersdata assystems follows:and data security;

(1)r thee secretary22 ofc humane services,r exc officio,23 or(c) an individual with demonstrated e a n b 24 experience in the secretary'sfields designee;of civil liberties or civil rights;

(2)u the[ secretaryand of.214337.4 health,- ex4 officio,- orSJC/SB the202 secretary's(d) designee;an individual from a nonprofit nonpartisan organization that focuses solely on legal and public policy on behalf of children and families;

(3)(9) two members, appointed by the secretaryspeaker of publicthe education,house exof officio,representatives, orwho represent organizations that provide services in the secretary'sstate designee;directly to multi-system children or families;

(4)and (10) two members, appointed by the secretarypresident ofpro children,tempore youthof andthe esenate, ewho 17represent families,organizations exthat officio,provide orservices in the secretary'sstate designee;directly to multi-system children or families.

eB. e n d 18 (5) one representative of the New Mexico = = l ] 19 sentencing commission, appointed by the New Mexico sentencing a l r i 20 commission from among its membership;

tA emember aof t (6) one representative from the administrativecommission mshall mnot 21simultaneously eserve das ra ecommissioner 22and officeas ofan theemployee courts,of, appointedor bya thecontractor directorto, of the ccommission. e r c 23 administrative office of the courts;

e a n b 24 (7) five members of the general public, u [ appointed by the New Mexico legislative council, as follows:

.210980.7 - 6 - (a) an individual with experience in human subjects research and a demonstrated understanding of the ethical considerations in such research who is affiliated with a research university located in the state;

(b) an individual with expertise in the privacy, security and ethical use of individually identifiable information;

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

(d) an individual with demonstrated experience in the fields of civil liberties and civil rights;

and (e) an individual from a nonpartisan organization that is focused solely on systems level change and advocacy on behalf of children and families;

e e 17 (8) one member, appointed by the speaker of e e n d 18 the house of representatives, who is a representative of = = l ] 19 nongovernmental organizations or research universities located a l r i 20 within the state and who is engaged in the provision of social t e a t services in the state;

and m m 21 e d r e 22 (9) one member, appointed by the president pro c e r c 23 tempore of the senate, who represents an advocacy organization e a n b 24 for underserved communities in the state.

u [ B.

The commission shall strive for geographic and .210980.7 - 7 - cultural diversity in the appointed public member commissioners.

NoAppointed membercommissioners shall simultaneouslyserve serve:for staggered three-year terms.

(1)Designated asmembers bothshall aserve commissionerfor ande ase a17 qualifiedthe nonprofitduration entity;of the designating official's tenure in office.

ore (2)e asn and employee18 of,Of orthe eight commissioners named in Paragraphs (8) through (10) = = l ] 19 of Subsection A of this section who are initially appointed to a contractorl to,r i 20 the commissionboard, four shall serve for a term of three years, three t e a t shall serve for a term of two years and toone shall serve for a qualifiedm nonprofitm entity.21 e d term of one year.

D.At the first meeting of the commission, the r e 22 c e r c 23 commissioners shall determine by lot who shall serve three-, e a n b 24 two- and one-year terms.

AppointedFollowing commissionersthe shallexpiration serveof forthe staggeredu three-year[ termsinitial toterms, promoteappointments continuityshall ofbe institutionalfor knowledgeterms and maintain the nonpartisan nature of thethree commission.years.

Designated.214337.4 members- shall5 serve- forSJC/SB the202 durationD. of the designating official's tenure in office.

OfThe thegovernor nineshall appointedcall commissionersthe namedinitial inmeeting Paragraphs (5) through (9) of Subsection A of this section who are initially appointed to the board,commission fourby shallSeptember serve1, for2019. a term of three years, three shall serve for a term of two years and two shall e e 17 serve for a term of one year.

At that meeting, the firstcommissioners meetingshall ofappoint thea echair eand na dvice 18chair, commission,each theof commissionerswhom shall determineserve byfor lottwo-year whoterms, shallunless =removed =sooner lby ]a 19vote serveof three-,two-thirds two-of andthe one-yearcommission. terms.

Following the a l r i 20 expiration of the initial terms, appointments shall be for t e a t terms of three years.

m m 21 e d r e 22 E.

The governor shall call the initial meeting of c e r c 23 the commission by September 1, 2019.

At the commission's e a n b 24 initial meeting, commissioners shall appoint a chair and a vice u [ chair, each of whom shall serve for two-year terms, unless .210980.7 - 8 - removed sooner by a vote of two-thirds of the commission.

F.E.

G.F.

A vacancy occurringthat occurs in the commission shall be filled in the same manner as the original appointment.

H.G.

Members of the commission appointed in accordance with Paragraphs (7) through (9) of Subsection A of this section may receive per diem and reimbursement for mileage for work related to the commission pursuantin toaccordance with the Per Diem and Mileage Act.Act and e e 17 shall receive no other compensation, perquisite or allowance e e n d 18 for their service on the commission.

Those= members= shalll receive] no19 otherSECTION compensation,4. perquisite or allowance for their service on the commission.

e[NEW MATERIAL ] POWERS AND DUTIES OF a l r i 20 COMMISSION.-- t e 17a SECTIONt 5.A.

[NEWThe MATERIALcommission ]shall: POWERS AND DUTIES OF e e n d 18 COMMISSION.-- = = l ] 19 A.

The commission shall collaborate with the a l r i 20 agencies whose representatives are listed in Paragraphs (1) t e a t through (6) of Subsection A of Section 4 of the Child and m m 21 e d r(1) epromulgate 22rules Familyto Databankcarry Act,out asits wellduties asr anye other22 agency the commission c e r c 23 identifiesprovided as providing services to children and families in e a n b 24 the state,Child to adopt and promulgateFamily rulesDatabank toAct; ensure that all u [ relevant data that these agencies collect are integrated into .210980.7 - 9 - the databank, in accordance with state and federal privacy laws, for research, analysis and policy development.

B.e a n b 24 (2) ensure that data are received by the u [ databank from each agency required to provide data for .214337.4 - 6 - SJC/SB 202 research, analysis and policy development related to addressing the needs of multi-system individuals or families;

The(3) commissionensure shallthat selectidentifying adata databankin host and manage the processdatabank byis whichstored theand databankused systemin links,accordance stores,with maintains,all receives,applicable transmitsprivacy and securelysecurity protectslaws individuallyand identifiablestandards; information.

It(4) shallcontract adoptwith andagencies promulgateto rulesdefine forand thismanage the process asby needed.which data are shared between agencies and the commission and to address relevant legal and privacy concerns of the commission and the agencies;

(5) define and manage the governance process by which a researcher or an agency may access and use data for research, while ensuring compliance with all applicable privacy and security laws and standards, adherence to an institutional review board process and the requirements of the commission's committee on ethical use of data, as provided for in Paragraph (8) of this subsection;

e e 17 (6) ensure that the commission staff performs e e n d 18 evaluation and analysis of data in the databank and provides = = l ] 19 support and assistance to agencies in the agencies' evaluation a l r i 20 and analysis of data, which evaluation and analysis shall t e a t include a focus on:

m m 21 e d (a) identifying and understanding risk r e 22 c e r c 23 and protective factors of families that are most vulnerable to e a n b 24 experiencing housing, health, nutrition, financial and other u [ hardships;

.214337.4 - 7 - SJC/SB 202 (b) evaluating existing programs and developing evidence-based programs and policies to address issues related to the safety, health and well-being of the state's children and families;

(c) quantifying outcomes of participants in programs administered by agencies;

and (d) developing a strategic plan or research agenda to identify and address questions related to programs, policies and rules of agencies;

(7) publish the results of any analysis or evaluation completed by commission staff, as well as summaries of reports and analyses conducted by researchers using data from the databank;

(8) establish a committee of the commission to address ethics and privacy issues related to data and the databank and any additional committees necessary for the work e e 17 of the commission;

and e e n d 18 (9) establish and maintain a publicly = = l ] 19 accessible website that includes access to:

a l r i 20 (a) the commission's rules, meeting t e a t dates and meeting times;

m m 21 e d (b) reports of research conducted by the r e 22 c e r c 23 commission staff;

and e a n b 24 (c) summaries of research conducted u [ using data provided by the commission from the databank.

.214337.4 - 8 - SJC/SB 202 B.

The commission may charge reasonable fees for:

(1) creating specialized or customized reports of information in the databank;

(2) assisting in the development of a research proposal;

(3) conducting a portion of data analysis for a researcher;

(4) producing anonymized data from data that include identifying data before providing data to a researcher;

and (5) preparing or publishing data to improve its utility in analysis.

TheAn commissionentity shallthat identifyis bothrequired theto technologiesprovide anddata processesto bythe whichdatabank datashall maynot be securelycharged received,any maintainedof andthe transmittedfees inprovided accordancefor within allSubsection applicableB privacyof andthis securitysection. laws and standards.

D.SECTION 5.

The[NEW commissionMATERIAL shall] establishCOMMISSION--EXECUTIVE thee governancee infrastructure17 toDIRECTOR--STAFF.-- supporte datae sharingn amongd state18 agenciesA. and access to data by agency staff, researchers and other stakeholders.

TheBy commissionOctober shall1, create2019, athe governancecommission processshall tohire guidean how decisions about appropriate data uses are made and e e 17 how research projects are prioritized and approved, including e e n d 18 whether any institutional review board approval is required and = = l ] 19 whatexecutive privacydirector. protections are required to secure the data.

ToThe aexecutive ldirector r i 20 the extent that institutional review board review is not t e a t required for certain research projects, the commission shall mhave: m 21 e d r e 22 establish an alternative process for ethical review of research c e r c 23 proposals.

ea l r i 20 (1) a ndemonstrated bcompetency 24in E.research and t e a t program analysis;

Them commissionm may21 adopte andd promulgate(2) rulesa asdemonstrated ubreadth [of necessaryknowledge toon carrythe outr itse duties22 underc thee Childr c 23 social systems and Familyprograms .210980.7that -will 10be -the Databanksubject Act.of data in e a n b 24 the databank;

F.u [ (3) the knowledge and expertise to lead the .214337.4 - 9 - SJC/SB 202 work of the commission;

To(4) recoupa costsdemonstrated associatedfamiliarity with theelectronic commissionsystems staff'sused processto ofcollect, protectingstore individually identifiable information, providing access and assistingprovide withoutput researchof requests,data thereceived commissionfrom maymultiple chargesources; reasonable fees for use of the databank;

provided(5) thatextensive themanagement commissionexperience; shall charge an entity that contributes data to the databank a lower fee for use of the databank than the fee the commission charges other entities for use of the databank.

Atand a(6) minimum,an thein-depth commissionunderstanding mayof chargeresearch feesand foranalysis performanceusing ofadministrative thedata. following tasks:

(1)B. assisting in the development of a research proposal;

(2)The conductingexecutive adirector, portionwith ofthe commission's authorization, shall hire staff as necessary to carry out the datacommission's processingduties, forincluding staff that possess the researcher;following skills:

(3) anonymizing data;

(4) linking data from different data sets;

e e 17 (5) cleaning data before providing the data to e e n d 18 researchers;

= = l ] 19 (6) encrypting or securing information for a l r i 20 researchers;

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

c e r c 23 G.

The commission shall ensure that data provided e a n b 24 by agencies can be used across agency lines and be made u [ available to agency staff, researchers and other private and .210980.7 - 11 - public partners in accordance with the provisions of the Child and Family Databank Act, federal and state privacy laws and the process for accessing data established by commission rules.

H.

The staff of the commission shall perform evaluation and analysis of data in the databank and provide support and assistance to agencies in their evaluation and analysis, including:

(1) identifying and understanding risk and protective factors of vulnerable families;

(2) evaluating existing programs and developing evidence-based programs and policies to address the critical issues related to child well-being in the state;

(3) quantifying outcomes of program participants;

and (4) developing a strategic plan or research agenda to identify and address questions relevant to the e e 17 programs, policies and rules of the agency.

e e n d 18 I.

The commission shall form committees to focus on = = l ] 19 specific issues required by the work of the commission, a l r i 20 including a committee on ethics and privacy matters.

t e a t J.

The commission shall establish and maintain a m m 21 e d r e 22 website for internal and public use.

c e r c 23 SECTION 6.

[NEW MATERIAL ] COMMISSION--EXECUTIVE e a n b 24 DIRECTOR--STAFF.-- u [ A.

To provide the requisite staff support, services .210980.7 - 12 - and knowledge to the commission as it carries out the provisions of the Child and Family Databank Act, by October 1, 2019, the commission may contract with a qualified nonprofit entity;

provided that the commission shall not contract with an entity pursuant to this subsection that is a researcher that, during the term of the proposed contract, requests access to data in the databank.

At a minimum, the commission may contract with the qualified nonprofit entity to:

(1) provide necessary staff support, including executive director services in accordance with Subsection B of this section, and services to develop mechanisms to research and analyze issues and disseminate the research;

(2) evaluate current programs for their effectiveness;

(3) analyze and recommend the adoption of effective policies;

or e e 17 (4) provide data management, storage, security e e n d 18 and oversight services.

= = l ] 19 B.

By October 1, 2019, the commission may hire a l r i 20 either an executive director or contract with a qualified t e a t nonprofit entity to perform the duties of an executive m m 21 e d r e 22 director.

An executive director shall:

c e r c 23 (1) have a demonstrated competency in research e a n b 24 and program analysis;

u [ (2) demonstrate a breadth of knowledge on the .210980.7 - 13 - social systems that will be the subject of the databank;

(3) possess the knowledge and expertise to lead the work of the commission;

(4) demonstrate familiarity with integrated data systems;

(5) have an extensive management experience;

and (6) possess an in-depth understanding of research and analysis using administrative data.

C.

The executive director, the executive director's designee or a qualified nonprofit entity that performs the duties of an executive director may hire staff as necessary to carry out the duties of the commission, including staff that possess the following skills:

(a) integration and organization of e e 17 varied data;

e e n d 18 (b) communication of complex technical = = l ] 19 concepts to diverse audiences;

and ae le r17 i 20 (c) administrative data research te e an td 18 methodologies;

m= m= 21l e] d19 r e 22 (2) technical expertise to:

ca el r ci 2320 (a) support data integration;

and t e a nt b 24 (b) assist researchers and analysts in um [m 21 e d obtaining the appropriate data to meet needs;

.210980.7r -e 1422 -c e r c 23 (3) experience in creating and maintaining e a n b 24 large data systems, linkedpreparing or publishing data to improve its u [ utility in analysis and data security;

.214337.4 - 10 - SJC/SB 202 (4) legal expertise related to:

and (c) protecting the privacy and security of individuallyidentifying identifiabledata; information;

D.SECTION 6.

The[NEW executiveMATERIAL director] orAGENCY theCONTRACTS executiveAND director'sDATA designeeSHARING.-- mayA. hire staff to fill other positions as funding permits and the commission directs.

Absent a specific legal prohibition to the contrary and in accordance with contractual agreements with the commission, the following agencies shall share all available e e 17 SECTIONdata 7.with the databank that relates to the needs of multi- e e n d 18 system individuals and families:

[NEW= MATERIAL= l ] AGENCY19 DATA(1) SHARING.--the edepartment eof nhealth; d 18 A.

Absent a specific legal prohibition to the = = l ] 19 contrary, the following agencies shall share their data with a l r i 20 the(2) databank in accordance with the provisionshuman ofservices adepartment; memorandum t e a t of agreement that the commission executes with each of the m m 21 e d r e 22 following agencies, which memorandum of agreement shall address c e r c 23 the relevant legal and privacy concerns of each party:

t e a nt b(3) 24the (1)children, theyouth departmentand offamilies health;m m 21 e d department;

ur [e (2)22 c e r c 23 (4) the humanpublic serviceseducation department;

.210980.7e -a 15n -b (3)24 (5) the children,corrections youth and families department;

(4)u [ (6) the publicaging educationand long-term services .214337.4 - 11 - SJC/SB 202 department;

(5) the corrections department;

(6) the administrative office of the courts;

TheAn dataagency sharedshall incooperate accordance with the memorandacommission ofin agreementthe executeddrafting pursuantand toexecution Subsection A of thisits sectioncontractual shallagreement includewith historical administrative data that range in date as far in the pastcommission. as practicable, including a minimum of five previous years' data.

The contractual agreement between an agency and the commission shall be executed by September 1, 2020 and shall specify, at a minimum:

(1) the confidentiality of the agency's client data;

(2) the conditions for or restrictions on the release and use of data so as to comply with all applicable state and federal laws;

and (3) security measures to be taken to protect the confidentiality of the data.

The memoranda of agreement required pursuant to Subsection A of this section shall be executed by June 30, 2020.

D.

Agencies shall cooperate with the commission in e e 17 the drafting and execution of their respective memoranda of e e n d 18 agreement executed pursuant to Subsection A of this section.

= = l ] 19 The memorandum of agreement between an agency and the a l r i 20 commission shall specify, at a minimum:

t e a t (1) the confidentiality of client information;

m m 21 e d r e 22 (2) the conditions or restrictions for the c e r c 23 release and use of data so as to comply with state and federal e a n b 24 privacy laws;

and u [ (3) security measures to be taken to protect .210980.7 - 16 - the confidentiality of the data.

E.

e e 17 (1) demographics relating to individuals to e e n d 18 whom the department provides services and to public health = = l ] 19 measures that the department collects;

a l r i 20 (2) vital records and statistics, including t e a t birth and death information;

m m 21 e d (3) inpatient hospital discharge data, r e 22 c e r c 23 including emergency department usage;

e a n b 24 (4) emergency department usage;

u [ (5) emergency medical services data;

.214337.4 - 12 - SJC/SB 202 (6) environmental health and injury data;

F.D.

At a minimum, the human services department e e 17 shall share the following data with the databank:

e e n d 18 (1) demographics relating to recipients of = = l ] 19 medical assistance;

a l r i 20 (2) medicaid data, including both fee-for- t e a t service and managed care organization data and children's m m 21 e d r e 22 health insurance program claims data;

and c e r c 23 (3) data from the following programs:

e a n b 24 (a) the supplemental nutrition u [ assistance program;

.210980.7 - 17 - (b) cash assistance programs;

and e e 17 (e) behavioral health services.

G.e e n d 18 E.

The public education department shall share with = = l ] 19 the databank data regarding students and public schools in the a l r i 20 state, including the following:

t e a t (1) student attendance;

m m 21 e d (2) student demographics;

r e 22 c e r c 23 (3) graduation rates;

e a n b 24 (4) student achievement, including u [ proficiencies in math, reading and science;

.214337.4 - 13 - SJC/SB 202 (5) teachers' training and qualifications;

(6) studentcourse andofferings; teacher disciplinary information;

(7) coursepost-secondary offerings;education;

eand e(8) 17other (8)information post-secondaryrelevant education;to the well- being of children and families in the state.

andF. e e n d 18 (9) other information relevant to the well- = = l ] 19 being of children and families in the state.

aThe lchildren, ryouth iand 20families H.department shall share all federally reported data with the databank, as well as any other relevant data, from the following programs and areas:

The(1) children,demographics youthon and families departmentand tindividuals eto awhom t shall share all federally reported data with the databank,department asprovides mservices mor 21intervention; e d r e 22 well as any other relevant data, from the following programs c e r c 23 and areas:

e(2) ajuvenile njustice; b 24 (1) demographics on families and individuals u [ to whom the department provides services or intervention;

.210980.7 - 18 - (2) juvenile justice;

and e e 17 (5) the protective services division, e e n d 18 including:

= = l ] 19 (a) foster care;

a l r i 20 (b) adoptions;

t e a t (c) reports and investigations for m m 21 e d allegations of child abuse and neglect;

r e 22 c e r c 23 (d) permanency planning;

and e a n b 24 (e) youth services.

u [ G.

The corrections department shall share state- .214337.4 - 14 - SJC/SB 202 level corrections data with the databank, including information relating to:

(1) inmate and parolee demographics;

(2) offender intake and sentencing;

(3) probation and parole;

(4) community reentry and integration;

and (5) recidivism rates and information on how the rates were determined.

H.

The New Mexico sentencing commission shall share with the databank data it collects and analyzes under agreements with other state agencies.

The correctionsaging and long-term services department shall share state-any level corrections data withcollected by the databank,department includingrelated informationto relatingkinship to:care programs with the databank.

eJ. e 17 (1) inmate and parolee demographics;

In addition to the agencies and programs listed in Subsections C through I of this section, other agencies that e e 17 the commission identifies as having data that are relevant to e e n d 18 (2)the offenderwell-being intakeof children and sentencing;families in the state shall = = l ] 19 share their data with the databank, to the extent legally a l r i 20 permissible and upon execution of a contractual agreement as t e a t provided in this section.

=These =data lshall ]include 19demographic (3)m probationm and21 parole;e d information.

a l r ie 2022 (4)c communitye reentryr andc integration;23 K.

andThe tdata shared by an agency as required in e a tn (5)b recidivism24 rates.Subsection A of this section shall include historical u [ administrative data created based on an individual interaction .214337.4 - 15 - SJC/SB 202 with a person, a claim made by a person or another incident or event that was documented for recordkeeping.

mHistorical mdata 21shall einclude ddata rthat ewere 22created J.as far in the past as is practicable for the agency to share and shall include at least the previous five years' data, unless the data are unavailable.

The New Mexico sentencing commission and the c e r c 23 administrative office of the courts shall share court records e a n b 24 and sentencing information with the databank.

u [ K.

In addition to the agencies and programs listed .210980.7 - 19 - in Subsections A through I of this section, other agencies or programs that the commission identifies as having data that are relevant to the well-being of children and families in the state shall share their data with the databank, to the extent legally permissible and upon execution of a memorandum of agreement in accordance with the provisions of Subsections A through D of this section.

These data shall include demographic information.

Agencies shall provide their data to the databank,commission orin to the departmentformats of health in its capacity as host and storageon facility for the dataschedules pursuantdetermined toby Section 9 of the Childcommission's andrule Familybut, Databank Act, in theany formatsevent, and schedules determined by the commission but no less frequently than annually.

Agencies shall cooperate with the commission and other agencies in the evaluation of programs and policy development and workfor towardthe purpose of cross-sector collaboration in the e e 17 provision of services to children and families statewide.

e e n d 18 SECTION 8.7.

[NEW MATERIAL ] DATABANK POLICY OFFICER.-- = = l ] 19 A.

The contractual agreements between the e e 17 commission and the department of health, human services ae le rn id 2018 department, public education department and children, youth and t= e= al t] 19 families department shall each hireprovide for a databank policy officer.a l r i 20 officer within each department, and that position shall be t e a t funded by the commission.

m m 21 e d rB. e 22 A databank policy officer shall have at least the following c e r c 23 qualifications:

eA adatabank npolicy bofficer 24shall: (1) familiarity with integrated data systems;

ur [e (2)22 extensivec understandinge ofr researchc and23 .210980.7(1) -coordinate 20and -liaise analysiswith usingthe administrativecommission; data;

(3)e expertisea sufficientn tob support24 agency(2) staffassist inwith the evaluationidentification of programmingdata andu in[ evidence-basedsets policymaking;to share with the databank;

(4)and .214337.4 - 16 - SJC/SB 202 (3) coordinate with the abilitycommission and the databank host to communicatetransmit complexand technicalshare conceptsdata, assist agencies in identifying priority programs and policies for analysis and work within the agency and with the commission to differentidentify audiences;and implement areas of cross-sector collaboration and improved delivery of services.

andSECTION (5)8. the capacity to understand research methodologies relating to administrative data.

[NEW MATERIAL ] DATABANK HOST--DUTIES.-- A.

The commission shall enter into a contractual operating agreement with a databank host.

AThe databank policyhost officershall: shall be responsible for:

(1) coordinatingcooperate with the commission in the expeditious negotiation and liaisingexecution withof the commission;contractual operating agreement;

(2) assistingprovide withaccess theto identification of data setsin response to includeresearch inrequests; the databank;

and (3) coordinatingat withleast theannually, commission,ensure thethat department of health or a designee of the commission to e e 17 transmitdatabank andis shareupdated data, assist agencies in identifying e e n d 18 priority programs and policies for analysis and work within the = = l ] 19 agency and with thenew commissiondata toreceived identifyfrom andagencies. implement areas a l r i 20 of cross-sector collaboration and improved delivery of t e a t services.

me m 21 e n d r18 e 22 SECTION 9.

[NEW MATERIAL ] DATABANKPUBLICATION HOST--DATAOF STAFF.--RESEARCH c= e= l ] 19 SUMMARIES.-- a l r ci 2320 A.

The databankcommission hostshall andrequire thethat commissiona shallresearcher entert e a nt bthat 24uses intodatabank data provide the commission with a cooperationsummary agreementm tom govern21 thee commission'sd accessof uthe [researcher's tofindings andfor usepublication ofby the databank.commission.

Ther databanke host22 shallc cooperatee .210980.7r -c 2123 -B. with the commission in the expeditious negotiation and execution of the agreement and shall provide access to the appropriate data for research requests.

B.An agency shall not prevent publication of a e a n b 24 summary because the agency disagrees with a researcher's u [ findings or conclusions.

The.214337.4 databank- host17 shall- hireSJC/SB appropriate202 staffSECTION to10. handle data cleaning, linkage and security.

It[NEW shallMATERIAL assist] withDATA researchOWNERSHIP.-- requestsNotwithstanding as the officedata ofsharing therequirements governorset orforth in the commissionChild assigns.and Family Databank Act, an agency that shares data shall retain ownership of its original data set.

C.

If the department of health is the databank host, it may use the data in the databank for its own research and evaluation;

provided that:

(1) an institutional review board approves each instance of the department's use of the data;

or (2) the department's own internal ethical review panel approves the department's proposed use of the data.

D.

At least annually, the databank host shall e e 17 ensure that the databank is updated with new data from e e n d 18 agencies.

= = l ] 19 SECTION 10.

[NEW MATERIAL ] PUBLICATIONS.-- a l r i 20 A.

The commission shall require that any researcher t e a t that seeks to use databank data provide the commission with a m m 21 e d r e 22 summary of its findings for publication on the commission's c e r c 23 website.

e a n b 24 B.

Prior to publication, the commission shall u [ provide an agency with at least thirty days to review any .210980.7 - 22 - publication that makes use of the agency's data and the right to comment on or clarify any inaccuracies in the publication.

An agency shall not prevent publication because it disagrees with a researcher's findings or conclusions.

[NEW MATERIAL ] DATACOMPLIANCE OWNERSHIP.--WITH NotwithstandingOTHER LAWS.--If the requirementsdisclosure setof forthdata into the Childcommission andis Familyspecifically Databankprohibited Actby tostate shareor data,federal eachlaw, an agency shall retainwork ownershipwith ofthe itscommission originalto identify any ways in which data set.could be edited, redacted or otherwise protected to allow the data to be provided to the commission in compliance with state and federal law.

[NEW MATERIAL ] OTHERREDISCLOSURE LAWS.--IfOF theINFORMATION.-- transmissionNeither of data to the commission isnor specificallythe prohibiteddatabank byhost state or federal law, an agency shall workdisclose withinformation thereleased commission to identifythe anydatabank edits,in deletionsviolation orof additional protections that can be made to comply with state andor federal lawslaw. allowing data to be provided to the commission.

SECTIONA 13.person who violates this section is guilty of a misdemeanor and shall be sentenced in accordance with Section e e 17 31-19-1 NMSA 1978.

Sectione 32A-6A-24e NMSAn 1978d (being18 LawsSECTION 2007,13. Chapter 162, Section 24, as amended) is amended to read:

eSection e32A-6A-24 17NMSA "32A-6A-24.1978 (being Laws 2007, = = l ] 19 Chapter 162, Section 24, as amended) is amended to read:

DISCLOSUREa OFl INFORMATION.--r ei e20 n"32A-6A-24. d 18 A.

ExceptDISCLOSURE asOF otherwiseINFORMATION.-- provided in the Children's = = l ] 19 Mental Health and Developmental Disabilities Act, a person a l r i 20 shall not, without the authorization of the child, disclose or t e a t transmitA. any confidential information from which a person well- m m 21 e d r e 22 acquainted with the child might recognize the child as the c e r c 23 described person or any code, number or other means that could e a n b 24 be used to match the child with confidential information u [ regarding the child.

.210980.7Except -as otherwise provided in the Children's m m 21 e d r e 22 Mental Health and Developmental Disabilities Act, a person c e r c 23 shall not, without the authorization of the child, disclose or e a n b 24 transmit any confidential information from which a person well- u [ acquainted with the child might recognize the child as the .214337.4 - B.18 - SJC/SB 202 described person or any code, number or other means that could be used to match the child with confidential information regarding the child.

B.

A legal custodian who is authorized to make health care decisions for a child has the same rights as the child to request, receive, examine, copy and consent to the disclosure of medical or other health care information when evidence exists that such a child whose consent to disclosure e e 17 of confidential information is sought does not have capacity to e e n d 18 give or withhold valid consent and does not have a treatment = = l ] 19 guardian appointed by a court.

If the legal custodian is not ea el 17r i 20 authorized to make decisions for a child under the Children's et e na dt 18 Mental Health and Developmental Disabilities Act, the person =m =m l21 ]e 19d seeking authorization shall petition the court for the ar le 22 c e r ic 2023 appointment of a treatment guardian to make a decision for such t e a tn b 24 a child.

mu m[ 21 e d r e 22 D.

Authorization from the child or legal custodian c.214337.4 e- r19 c- 23SJC/SB 202 for a child less than fourteen years of age shall not be e a n b 24 required for the disclosure or transmission of confidential u [ information when the disclosure or transmission:

.210980.7 - 24 - (1) is necessary for treatment of the child and is made in response to a request from a clinician;

(4) is to the primary caregiver of the child and the information disclosed was necessary for the continuity of the child's treatment in the judgment of the treating e e 17 clinician who discloses the information;

e e n d 18 (5) is to an insurer contractually obligated = = l ] 19 to pay part or all of the expenses relating to the treatment of ea el 17r i 20 the child at the residential facility.

The information et e na dt 18 disclosed shall be limited to data identifying the child, =m =m l21 ]e 19d facility and treating or supervising physician and the dates ar le 22 c e r ic 2023 and duration of the residential treatment.

It shall not be a t e a tn b 24 defense to an insurer's obligation to pay that the information mu m[ 21 e d r e 22 relating to the residential treatment of the child, apart from c.214337.4 e- r20 c- 23SJC/SB 202 information disclosed pursuant to this section, has not been e a n b 24 disclosed to the insurer;

u [ (6) is to a protection and advocacy .210980.7 - 25 - representative pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act and the federal Protection and Advocacy for Individuals with Mental Illness Act;

and (b) the need for the disclosure outweighs the potential injury to the child, the clinician- e e 17 child relationship and treatment services;

or e e n d 18 (8) inis accordancemade withto othera governmental agency, its = = l ] 19 agent or a state andeducation federalinstitution, privacya laws,duly isorganized tostate a l r i 20 or county association of licensed physicians or dentists, a t e a t licensed health facility or staff committee of a licensed m m 21 e d health facility, for the childpurpose andof familyresearch, databanksubject establishedto the r e 22 c e 17r pursuantc 23 provisions of Section 14-6-1 NMSA 1978 and subject to the Childe a n b 24 review of an institutional review board in compliance with the u [ federal Health Insurance Portability and FamilyAccountability DatabankAct Act.of .214337.4 - 21 - SJC/SB 202 1996 or any succeeding legislation .

e e n d 18 E.

A disclosure ordered by the court shall be = = l ] 19 limited to the information that is essential to carry out the a l r i 20 purpose of the disclosure.

Disclosure shall be limited to t e a t those persons whose need for the information forms the basis m m 21 e d r e 22 for the order.

An order by the court shall include such other c e r c 23 measures as are necessary to limit disclosure for the e a n b 24 protection of the child, including sealing from public scrutiny u [ the record of a proceeding for which disclosure of a child's .210980.7 - 26 - record has been ordered.

and (2) contains a statement of the child's right to examine and copy the information to be disclosed, the name e e 17 or title of the proposed recipient of the information and a e e n d 18 description of the use that may be made of the information.

= = l ] 19 G.

The child has a right of access to confidential a l r i 20 information about the child and has the right to make copies of t e a t information about the child and submit clarifying or correcting m m 21 e d statements and other documentation of reasonable length for r e 22 c e r c 23 inclusion with the confidential information.

The statements e a n b 24 and other documentation shall be kept with the relevant u [ confidential information, shall accompany it in the event of e.214337.4 e- 1722 - SJC/SB 202 disclosure and shall be governed by the provisions of this e e n d 18 section to the extent the statements or other documentation = = l ] 19 contain confidential information.

Nothing in this subsection a l r i 20 shall prohibit the denial of access to the records when a t e a t physician or other mental health or developmental disabilities m m 21 e d r e 22 professional believes and notes in the child's medical records c e r c 23 that the disclosure would not be in the best interests of the e a n b 24 child.

In all cases, the child has the right to petition the u [ court for an order granting access.

.210980.7 - 27 - H.

Notwithstanding the confidentiality provisions of the Delinquency Act and the Abuse and Neglect Act, information disclosed under this section shall e e 17 not be re-released without the express consent of the child or e e n d 18 legal custodian authorized under the Children's Mental Health = = l ] 19 and Developmental Disabilities Act to give consent and any a l r i 20 other consent necessary for redisclosure in conformance with t e a t state and federal law, including consent that may be required m m 21 e d from the professional or the facility that created the r e 22 c e r c 23 document.

e a n b 24 I.

Nothing in the Children's Mental Health and u [ Developmental Disabilities Act shall limit the confidentiality e.214337.4 e- 1723 - SJC/SB 202 rights afforded by federal statute or regulation.

e e n d 18 J.

The department shall promulgate rules for = = l ] 19 implementing disclosure of records pursuant to this section and a l r i 20 in compliance with state and federal law and the Children's t e a t Court Rules." m m 21 e d r e 22 SECTION 14.

Section 43-1-19 NMSA 1978 (being Laws 1977, c e r c 23 Chapter 279, Section 18, as amended) is amended to read:

e a n b 24 "43-1-19.

DISCLOSURE OF INFORMATION.-- u [ A.

Except as otherwise provided in the code, no .210980.7 - 28 - person shall, without the authorization of the client, disclose or transmit any confidential information from which a person well acquainted with the client might recognize the client as the described person, or any code, number or other means that can be used to match the client with confidential information regarding the client.

Authorization from the client shall not be e e 17 required for the disclosure or transmission of confidential e e n d 18 information in the following circumstances:

= = l ] 19 (1) when the request is from a mental health a l r i 20 or developmental disability professional or from an employee or t e a t trainee working with a person with a mental disability or m m 21 e d developmental disability, to the extent that the practice, r e 22 c e r c 23 employment or training on behalf of the client requires access e a n b 24 to such information is necessary;

u [ (2) when such disclosure is necessary to e.214337.4 e- 1724 - SJC/SB 202 protect against a clear and substantial risk of imminent e e n d 18 serious physical injury or death inflicted by the client on the = = l ] 19 client's self or another;

a l r i 20 (3) when the disclosure is made pursuant to t e a t the provisions of the Assisted Outpatient Treatment Act or the m m 21 e d r e 22 Child and Family Databank Act, using reasonable efforts to c e r c 23 limit protected health information to that which is minimally e a n b 24 necessary to accomplish the intended purpose of the use, u [ disclosure or request;

.210980.7 - 29 - (4) when the disclosure of such information is to the primary caregiver of the client and the disclosure is only of information necessary for the continuity of the client's treatment in the judgment of the treating physician or certified psychologist who discloses the information;

or[or ] (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 e e 17 facility.

The information disclosed shall be limited to data e e n d 18 identifying the client, facility and treating or supervising = = l ] 19 physician and the dates and duration of the residential a l r i 20 treatment.

It shall not be a defense to an insurer's t e a t obligation to pay that the information relating to the m m 21 e d residential treatment of the client, apart from information r e 22 c e r c 23 disclosed pursuant to this section, has not been disclosed to e a n b 24 the insurer.insurer;

eor eu 17[ C.(6) when the disclosure is made to a .214337.4 - 25 - SJC/SB 202 governmental agency, its agent or a state educational institution, a duly organized state or county association of licensed physicians or dentists, a licensed health facility or staff committees of such a facility for the purpose of research, subject to the provisions of Section 14-6-1 NMSA 1978 and subject to the review of an institutional review board in compliance with the federal Health Insurance Portability and Accountability Act of 1996 or any succeeding legislation.

NoC. authorization given for the transmission or e e n d 18 disclosure of confidential information shall be effective = = l ] 19 unless it:

aNo lauthorization rgiven ifor 20the (1)transmission isor indisclosure writingof andconfidential signed;information shall be effective unless it:

and(1) tis ein awriting t (2) contains a statement of the client's right m m 21 e d r e 22 to examine and copysigned; the information to be disclosed, the name c e r c 23 or title of the proposed recipient of the information and a e a n b 24 description of the use that may be made of the information.

uand [(2) D.contains a statement of the client's right to examine and copy the information to be disclosed, the name or title of the proposed recipient of the information and a description of the use that may be made of the information.

Thee cliente has17 aD. right of access to confidential .210980.7 - 30 - information and has the right to make copies of any information and to submit clarifying or correcting statements and other documentation of reasonable length for inclusion with the confidential information.

The statementsclient andhas othera documentationright shallof beaccess keptto withconfidential thee relevante confidentialn information,d shall18 accompanyinformation itand inhas the eventright to make copies of disclosureany information = = l ] 19 and shallto besubmit governedclarifying byor thecorrecting provisionsstatements and other a l r i 20 documentation of thisreasonable sectionlength tofor inclusion with the extentt theye containa t confidential information.

NothingThe instatements thisand subsectionother shallm prohibitm the21 deniale ofd accessdocumentation toshall suchbe recordskept whenwith athe physicianrelevant orconfidential otherr mentale health22 orc developmentale disabilitiesr professionalc believes23 andinformation, notesshall accompany it in the client'sevent medicalof recordsdisclosure thatand suche disclosurea wouldn notb 24 shall be ingoverned by the bestprovisions interests of this section to the client.u [ extent they contain confidential information.

Nothing in this .214337.4 - 26 - SJC/SB 202 subsection shall prohibit the denial of access to such records when a physician or other mental health or developmental disabilities professional believes and notes in the client's medical records that such disclosure would not be in the best interests of the client.

Where there exists evidence that the client whose consent to disclosure of confidential information is e e 17 sought is incapable of giving or withholding valid consent and e e n d 18 the client does not have a guardian or treatment guardian = = l ] 19 appointed by a court, the person seeking such authorization a l r i 20 shall petition the court for the appointment of a treatment t e a t guardian to make a substitute decision for the client, except m m 21 e d r e 22 that if the client is less than fourteen years of age, the c e r c 23 client's parent or guardian is authorized to consent to e a n b 24 disclosure on behalf of the client.

ue [e 17 F.

Information concerning a client disclosed under .210980.7e -e 31n -d 18 this section shall not be released to any other person, agency = = l ] 19 or governmental entity or placed in files or computerized [data a l r i 20 banks] databanks accessible to any persons not otherwise t e a t authorized to obtain information under this section.

m m 21 e d G.

Nothing in the code shall limit the r e 22 c e r c 23 confidentiality rights afforded by federal statute or e a n b 24 regulation.

u [ H.

A person appointed as a treatment guardian in .214337.4 - 27 - SJC/SB 202 accordance with the [Mental Health and Developmental Disabilities] code may act as the client's personal representative pursuant to the federal Health Insurance Portability and Accountability Act of 1996, Sections 1171-1179 of the Social Security Act, 42 U.S.C.

Section 1320d, as amended, and applicable federal regulations to obtain access to the client's protected health information, including mental health information and relevant physical health information, e e 17 and may communicate with the client's health care providers in e e n d 18 furtherance of such treatment." = = l ] 19 SECTION 15.

APPROPRIATION.--Three million seven hundred a l r i 20 thirty-eight thousand dollars ($3,738,000) is appropriated from t e a t the general fund to the officedepartment of thehealth governor for expenditure m m 21 e d r e 22 in fiscal yearsyear 2020 and 2021subsequent fiscal years to establish a child and family c e r c 23 databank commission and a child and family databank and to e a n b 24 implement the provisions of the Child and e e 17 Family Databank Act.

u [ Any unexpended or unencumbered balance e e n d 18 remaining at the end of .210980.7a - 32 - fiscal year 2021 shall not revert to the = = l ] 19 general fund.

- 33 - 4 6 8 10 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 - 28 - t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .210980.7.214337.4