A. A health care provider, the office of the state medical investigator and the vital records and health statistics bureau of the department shall notify the chief medical officer of any incident of maternal mortality or severe maternal morbidity within three months of the incident.
B. Except as otherwise provided by law, the subcommittee may access medical records and other health information relating to an incidence of maternal mortality and severe maternal morbidity at any time within five years from the date of the incidence. At the request of the chief medical officer, a health care provider, the office of the state medical investigator and the vital records and health statistics bureau of the department shall provide medical records and other requested health information to the department relating to each incidence of maternal mortality and severe maternal morbidity for access by the subcommittee. Upon the request of the department, a law enforcement agency shall provide any report relating to an incidence of maternal mortality and severe maternal morbidity to the committee. A health care provider or law enforcement agency that provides a medical record, health information or report pursuant to this section with reasonable care and in compliance with the law shall not be held criminally or civilly liable for that release of information.
C. The following shall be confidential and shall not be subject to the Open Meetings Act or the Inspection of Public Records Act or subject to any subpoena, discovery request or introduction into evidence in a civil or criminal proceeding unless obtained from a source separate and apart from the committee or department by valid means as provided by law:
(1) any meeting, part of a meeting or activity of the committee or subcommittee at which data or other information are to be discussed and that may result in disclosure to the public of information protected by law; and
(2) except as may be necessary in furtherance of the duties of the committee or in response to an alleged violation of a confidentiality agreement pursuant to Subsection E of this section, any information, record, report, notes, memorandum or other data that the department or committee obtains pursuant to the Maternal Mortality and Morbidity Prevention Act.
D. The chief medical officer shall appoint a three-member "abstractor subcommittee" of the committee, to be chaired by the chief medical officer and composed of public health and clinical health care providers who are members of the committee. The subcommittee shall meet at the call of the chief medical officer to review all medical records and documents related to each incident of maternal mortality and severe maternal morbidity that occurs in the state. The subcommittee shall perform a thorough record abstraction to obtain details of incidences and issues relating to maternal mortality and severe maternal morbidity. The subcommittee shall prepare an annual report for the committee that contains de-identified data and analysis relating to maternal mortality and severe maternal morbidity. Only members of the subcommittee shall have access to medical records and vital records data.
E. Each committee and subcommittee member shall sign a confidentiality agreement that indicates the member's adherence to the provisions of this section.
History: Laws 2019, ch. 41, § 4.
ANNOTATIONSEffective dates. — Laws 2019, ch. 41 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.