Section 28-17-14 - Confidentiality of information. - New Mexico Statutes

28-17-14. Confidentiality of information.

A.     The files and records of the office may be disclosed only for purposes of fulfilling the duties of the office pursuant to Subsection C of Section 28-17-4 NMSA 1978 at the discretion of the state ombudsman or the state ombudsman's designee. All state ombudsman files and records pertaining to clients, patients and residents are confidential and not subject to the provisions of the Inspection of Public Records Act [14-3-1 NMSA 1978]. The state ombudsman shall not disclose the identity of any complainant, resident, client or patient about whom the office maintains files or records unless:   

(1)     the complainant, resident, client or patient or the legal representative of that person consents in writing to the disclosure;   

(2)     the complainant, resident, client or patient gives oral consent that is documented immediately in writing by a representative of the office;   

(3)     disclosure is necessary for the provision of ombudsman services to the patient, resident or client and the patient, resident or client is unable to express written or oral consent; or   

(4)     disclosure is ordered by the court.   

B.     The director shall have access to the records and files of the office to verify the effectiveness and quality of the program where the identity of any complainant, witness, patient, resident or client is not disclosed.