This rule was filed as 7 NMAC 1.23.
TITLE 7 HEALTH
CHAPTER 1 HEALTH
GENERAL PROVISIONS
PART 23 DATA
REPORTING REQUIREMENTS FOR THE GEOGRAPHIC ACCESS DATA
SYSTEM
7.1.23.1 ISSUING
AGENCY: New Mexico Health Policy
Commission.
[1/1/99; Recompiled 10/31/01]
7.1.23.2 SCOPE: This rule applies to all non-federal
licensed health care facilities located in New Mexico and licensing agencies
that have information pertaining to the geographic supply and distribution of
health professionals and health services, including state entities licensing,
certifying or registering health professionals or health services, and state
entities administering programs to improve the distribution of health
professionals.
[1/1/99; Recompiled 10/31/01]
7.1.23.3 STATUTORY
AUTHORITY: This rule is promulgated
pursuant to Sections 24-14A-3D(5) and (6); 24-14A-5; 24-14A-8A and B and
24-14A-9 of the Health Information System Act, Section 24-14A-1, NMSA 1978.
[1/1/99; Recompiled 10/31/01]
7.1.23.4 DURATION: Permanent.
[1/1/99; Recompiled 10/31/01]
7.1.23.5 EFFECTIVE
DATE: January 1, 1999, unless a
later date is cited at the end of a section or paragraph.
[1/1/99; Recompiled 10/31/01]
[Compiler’s note:
The words or paragraph, above,
are no longer applicable. Later dates
are now cited only at the end of sections, in the history notes appearing in
brackets.]
7.1.23.6 OBJECTIVE: The purpose of this rule is to collect data
for the geographic access data system by specifying the data reporting
requirements for state health professional and facility licensing authorities,
non-federal licensed health care facilities located in New Mexico and state
entities administering publicly funded programs in order to improve the
distribution of health professionals in rural and under-served, [sic] pursuant
to the Health Information System Act, Section 24-14A-1 et seq. NMSA 1978.
[1/1/99; Recompiled 10/31/01]
7.1.23.7 DEFINITIONS: In addition to the definitions in the Health
Information System Act, Section 24-14A-1 et seq. NMSA 1978, the following terms
have the following meaning for purposes of this rule:
A. Amount of payment of award
means the total dollar amount paid during the reporting period to or on behalf
of a participant in a program designated by this rule.
B. Behavioral health or psychiatric beds
(as specified by the facility) means the licensed bed capacity, as
specified by the state health facility licensing authority, for hospital beds
reserved for acute, residential or long-term care to emotionally disturbed
patients, including patients admitted for diagnosis and those admitted on the
basis of an authorized health professional’s orders and approved nursing care
plans. Long-term care may include
intensive supervision to persons with chronic mental illnesses, mental
disorders, or other chronic or severe mental disabilities.
C. Current license expiration date
means the date on which the current license issued by the state health facility
licensing authority expires.
D. Current license issuance date
means the date on which the current license was issued by the state health
facility licensing authority.
E. Current license number means the
number assigned and listed on the licensed document of each health facility
licensed by the state health facility licensing authority.
F. Date first licensed in New Mexico
means the date that the health care professional was initially licensed to
practice in the stated profession at their current professional level in New
Mexico.
G. Date of birth means the date of
birth of a licensed health care professional or a participant in a state
administered program to improve the distribution of health professionals.
H. Date of graduation means the month
and the year that the health care professional graduated from the health
professional educational institution.
I. Dental care means preventive,
restorative and/or emergency services provided by a dental health care
professional.
J. Director means the director of
the New Mexico health policy commission.
K. Dually certified beds means beds
certified by the federal health care finance administration (HCFA) for
reimbursement under both medicaid and medicare programs.
L. Emergency care means provision of
emergency services, either on site or through stabilization and transport on a
regular basis, to meet life, limb or function-threatening conditions.
M. Facility ID means the
identification number assigned for internal control to a health facility
licensed by the state health facility licensing authority.
N. Facility type means the type of a
facility licensed by the state health facility licensing authority or a federal
agency, including inpatient, community health or public health, laboratory,
etc., as designated by the state health facility licensing authority.
O. Family planning services means
provision of contraceptive/birth control and/or infertility treatment,
including counseling and education by health professionals.
P. Full time equivalent means the
average portion of the amount of time considered normal for working during a
week. In general, this means the
average number of hours worked weekly by an individual divided by forty;
however, the value should not exceed one, regardless of average hours worked.
Q. Gender means the sex of the
licensed health care professional.
R. Geographic access data system
(GADS) means the data system developed pursuant to the Health Information
Systems Act, Section 24-14A-1 et seq. NMSA 1978, to provide data and
information to assist the commission, the legislature and other agencies and
organizations in planning, formulating policy, administering programs and
allocating resources to improve geographic access to health services.
S. Geographic access data system
(GADS) data sources means state health professional and facility licensing
agencies and boards; licensed outpatient medical facilities; and state entities
administering programs to improve the distribution of health professionals.
T. Gynecological services means
the provision of diagnostic and treatment services relating to the female reproductive
system, including annual pelvic exams and pap smears, follow-up and outpatient
treatment of abnormal findings, and diagnosis and treatment of sexually
transmitted diseases, but not including family planning services.
U. Health care means any care,
treatment, service or procedure to maintain, diagnose or otherwise affect an
individual’s physical or mental condition.
V. Health care professional means
any individual licensed, certified or otherwise authorized or permitted by law
to provide health care in the practice of a profession.
W. License employment classification
means the employment status of a person licensed by the New Mexico state board
of nursing, classified as either:
(1) employed full-time;
(2) employed part-time;
(3) unemployed.
X. License number means the
number assigned to a health care professional by a state health care
professional licensing board or authority.
Y. License status means the type
of health care professional license issued classified as:
(1) active;
(2) inactive
Z. Mailing address means the
mailing address, including the street address or post office box number, city, state
and zip code of a health facility licensed by the state health facility
licensing authority.
AA. Medicaid Title XIX number means
the number assigned by medicaid to the health care facility.
BB. Medicare provider certification
number means the number assigned by medicare to the health care facility.
CC. Mental health services means a
range of services provided by a licensed mental health care professional for
the diagnosis and/or treatment of patients with behavioral, emotional or
psycho-social disorders.
DD. Name of administering entity means
the full name, including the applicable department, board or commission and any
applicable divisional or sub-divisional descriptors, of a state agency charged
with the day-to-day administration of a program designated by this rule.
EE. Name of administrator means the
first name, last name and middle initial of the current administrator of a
health facility licensed by the state health facility licensing authority.
FF. Name of health care professional
means the first and last names and the middle initial of the health care
professional.
GG. Name of hospital or facility means
the name listed on the license document of each health facility licensed by the
state health facility licensing authority.
HH. Name of program means the full
name established by statute or customarily used in budget documents, audits
and/or required reports to identify a program designated by this rule.
II. Non-public data means data
submitted to the commission by a GADS data source pursuant to this rule that:
(1) has not otherwise been determined by the
data source to be public data, or is not considered to be public data in
accordance with the Public Records Act, Section 14-3-1 et seq. NMSA 1978 and
the Open Meetings Act, Section 10-15-1 et seq. NMSA 1978; and
(2) has been determined by the commission, in
consultation with the GADS data source, to be of a confidential or restricted
nature.
JJ. Number of dental hygienists
means the number of licensed full-time equivalent (FTE) dental hygienists
practicing at the facility.
KK. Number of dentists means the
number of licensed full-time equivalent (FTE) dentists practicing at the
facility.
LL. Number of nurse practitioners
means the number of licensed full-time equivalent (FTE) nurse practitioners
practicing at the facility.
MM. Number of other advanced practice
nurses means the number of full-time equivalent (FTE) nurses with advanced
or specialized training, including clinical nurse specialists (CNS) and
certified nurse mid-wives (CNM), practicing at the facility.
NN. Number of other nursing staff
means the number of other licensed full-time equivalent (FTE) nursing staff,
not otherwise reported, including licensed practical nurses (LPN) and certified
nursing assistants (CNA) practicing at the facility.
OO. Number of other professional health
personnel means the total number of other full-time equivalent (FTE)
certified or licensed health professionals, not otherwise reported, providing health
care at the facility, including pharmacists, dental assistants, occupational
and physical therapists, podiatrists and optometrists. Not included are
administrative support personnel, such as receptionists or medical record
technicians.
PP. Number of physicians means the
number of licensed full time equivalent (FTE) physicians, both allopathic and
osteopathic, practicing at the facility.
QQ. Number of physicians’ assistants
means the number of licensed full-time equivalent (FTE) physicians’ assistants
practicing at the facility.
RR. Number of registered nurses means
the number of licensed full-time equivalent (FTE) registered nurses practicing
at the facility.
SS. Nursing facility capacity means
the licensed bed capacity, as specified by the state health facility licensing
authority, to provide care to patients with a variety of physical conditions or
functional disabilities that do not require the care provided by a hospital or
a skilled nursing facility, but do need supervision and support services.
TT. Obstetrical care means the
provision of the full continuum of services related to pregnancy, delivery and
postpartum care, including prenatal care, antepartum fetal assessment, labor
and delivery professional care and postpartum care.
UU. Owner(s) of facility means the
name of the owner(s) listed on the current license of a health facility
licensed by the state health facility licensing.
VV. Pharmaceuticals means on-site
dispensing of prescription medication and other pharmaceutical products.
WW. Physical location means the street
address, city, county and zip code of the physical location of a health care
facility licensed by the state licensing authority.
XX. Physical location of recipient
means the primary business location designated by street address, city, county
and zip code of an individual or an entity that has received a payment, an
award, or service during the reporting period from a program designated by this
rule. For licensed health professionals
this is the physical location of their primary practice site. For other individuals, such as students,
this is the official address recognized by the program designated by this rule.
YY. Practice/business address(es)
means the full address, city, county, state and zip code of the principal
current practice location of each licensed health professional and any
additional practice sites listed; or the official address, city, county, state
and zip code as recognized by the health professional licensing board or
authority.
ZZ. Prenatal care means a range of
services including diagnosis, counseling, treatment and follow-up provided to
pregnant women up to the onset of labor.
AAA. Primary care services means services
that address the first level of basic or general health care for an individual’s
health needs.
BBB. Professional degree(s) means the
health professional degree awarded as a consequence of completion or graduation
from a health professional educational institution.
CCC. Professional educational institution
means the name and the city, state and county of the health professional
educational institution from which the health care professional graduated.
DDD. Public data means data submitted to
the commission by a GADS data source pursuant to this rule that:
(1) has otherwise been determined by the data source to be public
data, or is considered to be public data in accordance with the Public Records
Act, Section 14-3-1 et seq. NMSA 1978 and the Open Meetings Act, Section
10-15-1 et seq. NMSA 1978; or
(2) has been determined by the commission, in
consultation with the GADS data source, to be exempt from the access provisions
of 7 NMAC 1.20 [now 7.1.20 NMAC].
EEE. Skilled nursing capacity means the
licensed bed capacity, as specified by the
state health facility licensing authority, to provide non-acute medical
and nursing services, therapy and social services under the supervision of a
licensed registered nurse on a 24-hour basis.
FFF. Specialties means certain branches
or sub-divisions of a health professional discipline relating to specific
services, as certified in accordance with standards specified by a board,
association or agency recognized as competent within each health professional
group in which a health professional is specially trained.
GGG. State general fund funding means the
total dollar amount appropriated from the state general fund for the reporting
period for activities of a program designated by this rule.
HHH. Status of recipient means the status
during the reporting period of any person who has a current service obligation
incurred in the course of participation in a program designated by this rule,
classified as either:
(1) in service;
(2) cash repayment;
(3) default;
(4) deferred - education/training;
(5) deferred - other;
(6) obligation completed;
(7) obligation resolved in other manner
III. Substance abuse services means a
range of services to patients with alcoholism, drug dependency, or other
substance abuse disorders. May include
screening and diagnosis, detoxification, individual and group counseling,
self-help support groups, alcohol and drug education, rehabilitation, remedial
education and vocational training services and aftercare.
JJJ. Swing bed capacity means the
licensed bed capacity, as specified by the state health facility licensing authority,
for hospital or other facility beds which may be used for either skilled
nursing care or general medical surgical care according to the presenting needs
of the patient population.
KKK. Telephone number of facility means
the phone number, including the area code, of a health facility licensed by the
state health facility licensing authority.
LLL. Total expenditures by eligible health
professional discipline means the total dollar amount directly expended
during the reporting period by a program designated by this rule, subtotaled by
each health profession approved for participation according to the terms and
conditions of the program or administering entity.
MMM. Total licensed bed capacity means the
total licensed bed capacity for the facility, as specified by the state health
facility licensing authority, for hospital or other facility beds.
NNN. Total number of individuals by eligible
health professional discipline means the total number of individuals who
participated during the reporting period in a program designated by this rule,
subtotaled by each health profession approved for participation according to
the terms and conditions of the program or administering entity.
OOO. Total program funding means the total
dollar amount during the reporting period available for or allocated to
activities, including administration, of a program designated by this rule.
PPP. Twenty four-hour coverage means the
provision of health care services on a 24-hour basis , 7 days a week, 365 days
a year.
QQQ. Unit of service(s) by health profession
means a specific quantifiable measure of impact in terms of outcomes and output
mutually agreed upon by the commission and a program designated by this rule,
subtotaled by each health profession approved for participation according to
the terms and conditions of the program or administering entity.
RRR. Urgent care means provision of health
care of an urgent or immediate nature on a routine or regular basis.
SSS. Use of payment means the specific
purpose for which a payment or award has been made by a program designated by
this rule to a local entity, including community based health facilities or
political subdivisions, during the reporting period. Payment purposes are classified as either:
(1)
continuing health professional
education;
(2) housing;
(3) malpractice insurance;
(4) moving expenses;
(5) practice development and/or maintenance;
(6) professional development education;
(7) retention bonus;
(8) salary and benefits;
(9) other incentives to recruit and/or retain
a health professional.
TTT. X-ray diagnostic services means
technical services provided on-site through the means of radiological equipment
and testing procedures for the purpose of identifying presenting or potential
diseases or health risk factors. (Does not include services of a physician to
order and/or to analyze/interpret results from these procedures.)
[1/1/99; Recompiled 10/31/01]
7.1.23.8 DATA
REPORTING SCHEDULE FOR GEOGRAPHIC ACCESS DATA SYSTEM DATA SOURCES:
A. Data reporting by state health
professional and facility licensing agencies or boards.
(1) All state health professional and
facility licensing agencies and boards shall submit quarterly the specified
data elements in a record layout agreed upon with the commission, according to
the following schedule:
Reporting
Period Report
Due to Commission
January 1 - March 31
April 30
April 1 - June 30
July 31
July 1 - Sept. 30
October 31
October 1 - Dec. 31
January 31 of the following year
(2) Data from state health professional and
facility licensing agencies and boards shall be collected in phases consisting
of specified health professions and types of health facilities.
(3) The first phase of data collection shall
be carried out as follows:
(a) The first phase of data collection from state health
professional licensing boards and agencies shall consist of entities
responsible for the licensing or certification of allopathic physicians,
allopathic physician assistants, dentists, dental hygienists and all levels of
nursing.
(b) The first phase of data collection from
state health facility licensing agencies shall consist of general and special
hospitals.
(c) Data from the groups designated for the first phase shall be
due beginning April 30, 1999.
(4) In subsequent phases of data collection,
the commission may require state health professional and facility licensing
agencies to begin submitting, in accordance with section 8.1.1 [now Paragraph
(4) of Subsection A of 7.1.23.8 NMAC] of this rule data pertaining to other
health professions and types of health facilities. The commission shall provide 90 days notice prior to the due date
for data submission for data collected during the ordinary course of business
and 180 days notice for all other required data.
B. Data reporting by licensed
outpatient medical facilities: All facilities licensed by the state
facility licensing authority as 1) “diagnostic treatment centers,” 2) “limited
diagnostic and treatment centers”and receiving funds under the Rural Primary
Health Care Act or classified as a federally qualified health center or
equivalent and 3) “rural health clinics” shall annually submit by April 30,
beginning in 1999, the specified data elements for the preceding calendar year
in a record layout agreed upon with the commission.
C. Data reporting by state entities
administering programs to improve the distribution of health professionals: All state entities administering programs to
improve the distribution of health professionals shall annually submit by
October 1, beginning in 1999, the specified data elements for the preceding
state fiscal year in a record layout agreed upon with the commission.
[1/1/99; Recompiled 10/31/01]
7.1.23.9 DATA
REPORTING BY STATE HEALTH PROFESSIONAL LICENSING AGENCIES AND BOARDS:
A. All state health professional
licensing agencies or boards, as required by the commission pursuant to 7 NMAC
1.23.8.1 [now Subsection A of 7.1.23.8 NMAC] and established pursuant to
Chapter 61 NMSA 1978, excluding 61-13-1 to 61-13-17 (nursing home
administrators) and 61-14-1 to 61-14-20 (veterinary medicine) shall submit the
following data elements in a record layout agreed upon with the commission for
each of the designated health care professionals licensed by the agency or
board:
(1) name of health care
professional;
(2) license number;
(3) date of birth;
(4) gender;
(5) professional educational institution;
(6) date of graduation;
(7) professional
degree(s);
(8) specialties;
(9) date first licensed
in New Mexico;
(10) license employment classification;
(11) license status;
(12) practice business
address(es);
(13) any additional data,
consistent with the purpose of this rule, that is customarily collected by the
agency or board in its ordinary course of operation, and as specified by the
commission with at least 90 days notice prior to submission date.
B. The commission may require any other
agency or board licensing or certifying health professionals to submit
specified health data pursuant to the Health Information System Act 24-14A-4.3,
consistent with the purpose of this rule, that is customarily collected by the
agency or board in its ordinary course of operation. The commission shall provide at least 90 days notice prior to the
submission date.
[1/1/99; Recompiled 10/31/01]
7.1.23.10 DATA
REPORTING BY THE STATE HEALTH FACILITY LICENSING AUTHORITY FOR ALL LICENSED
HEALTH CARE FACILITIES IN NEW MEXICO:
The state health facility licensing authority shall submit to the
commission the following data elements, in a record layout agreed upon with the
commission, for each of the designated health facilities licensed by the
authority.
A. facility ID;
B. current license number;
C. medicare provider certification
number;
D. medicaid Title 19 number;
E. name of administrator;
F. name of facility;
G. telephone number of facility;
H. business address of facility;
I. mailing address;
J. facility type;
K. owner(s) of facility;
L. current license issuance date;
M. current license expiration date;
N. nursing facility capacity;
O. skilled nursing capacity;
P. dually certified beds;
Q. behavioral health or psychiatric beds;
R. swing bed capacity;
S. total licensed bed capacity; [and]
T. any additional data, consistent with
the purpose of this rule, that is customarily collected by the authority in its
ordinary course of operation, as specified by the commission with at least 90
days notice prior to the submission date.
[1/1/99; Recompiled 10/31/01]
7.1.23.11 DATA
REPORTING BY EACH FACILITY LICENSED BY THE STATE HEALTH FACILITY LICENSING
AUTHORITY AS A “DIAGNOSTIC TREATMENT CENTER,” “LIMITED DIAGNOSTIC AND TREATMENT
CENTER,” OR “RURAL HEALTH CLINIC”:
Each facility licensed by the state facility licensing authority as a 1)
“diagnostic treatment center,” 2) “limited diagnostic and treatment center” and
receiving funds under the Rural Primary Health Care Act or classified as a
federally qualified health center or equivalent or 3) “rural health clinic”
shall submit the following data elements in a record layout agreed upon with
the commission.
A. facility ID;
B. current license number;
C. name of administrator;
D. name of facility;
E. telephone number of facility;
F. business address of facility;
G. mailing address;
H. facility type;
I. owner(s) of facility;
J. types of services available:
(1) primary care
services;
(2) laboratory diagnostic
services;
(3) x-ray diagnostic
services;
(4) emergency care;
(5) urgent care;
(6) 24-hour coverage
(7) family planning
services;
(8)
gynecological service;
(9) obstetrical care;
(10) prenatal care;
(11) dental care;
(12) mental health
services;
(13) substance abuse
services;
(14) pharmaceutical
services.
K. Average number of hours per week that
services are available:
(1) primary care
services;
(2) laboratory diagnostic
services;
(3) x-ray diagnostic services;
(4) emergency care;
(5) urgent care;
(6) family planning
services;
(7) gynecological
services;
(8)
obstetrical care;
(9) prenatal care;
(10) dental care;
(11) mental health
services;
(12) substance abuse
services;
(13) pharmaceuticals;
L. number of physicians;
M. number of dentists;
N. number of dental hygienists;
O. number of physicians’ assistants;
P. number of nurse practitioners;
Q. number of other advanced practice
nurses;
R. number of registered nurses;
S. number of other nursing staff;
T. number of other professional health
personnel;
U. Any additional data, consistent with
the purpose of this rule, that is customarily collected by the facility in its
ordinary course of operation, as specified by the commission with at least 90
days notice prior to the submission date.
[1/1/99; recompiled 10/31/01]
7.1.23.12 DATA
REPORTING BY STATE ENTITIES ADMINISTERING PROGRAMS TO IMPROVE DISTRIBUTION OF
HEALTH PROFESSIONALS: All state
entities administering health professional recruitment and retention programs
specifically intended to improve the distribution of health professionals in
the state shall submit the following data in a record layout agreed upon with
the commission, except as expressly prohibited by federal law:
A. Data requirements for individual
financial incentive programs: All
state entities administering programs providing financial payments in exchange
for service in a designated area shall report the following:
(1) name of administering
entity;
(2) name of program;
(3) total program
funding;
(4) state general fund
funding;
(5) name of recipient;
(6) date of birth of
recipient;
(7) health profession of
recipient;
(8) license number;
(9) amount of payment of
award;
(10) physical location of
recipient;
(11) status of recipient;
(12) total number of
individuals by eligible health professional discipline;
(13) total expenditures
by eligible health professional discipline;
B. Data requirements for programs
providing community based financial payments: All state entities administering programs providing financial
payments to local entities, including community based health facilities and
political subdivisions, shall report the following:
(1) name of administering entity;
(2) name of program;
(3) total program
funding;
(4) state general fund
funding;
(5) name of recipient;
(6) physical location of recipient;
(7) amount of payment of
award;
(8) use of payment;
C. Data requirements for programs
providing services to community based entities or professionals: All state entities administering programs
providing services to community based health facilities or directly to support
or assist health professionals to improve the distribution of health
professionals in New Mexico, shall report the following:
(1) name of administering entity;
(2) name of program;
(3) total program
funding;
(4) state general fund
funding;
(5) total expenditures
for direct service(s);
(6) name(s) of sites
receiving services;
(7) physical location of
recipient;
(8) units of service(s)
by health profession;
[1/1/99; Recompiled 10/31/01]
7.1.23.13 HEALTH
CARE SURVEYS: The commission may
utilize surveys of licensed health care professionals and/or the administrators
of licensed health care facilities to gather data, consistent with the purpose
of this rule. GADS data sources shall
participate in the survey process upon request of the commission. The surveys shall be undertaken in
consideration of the following factors:
A. Coordination among state agencies: If feasible, the commission shall coordinate
its survey efforts with other state agencies that have regulatory authority
over health professionals and facilities to avoid redundant reporting
requirements.
B. Burden on survey populations: Where feasible, the commission shall limit
redundant requests of the survey target populations by coordinating survey
efforts with other public and private entities, to ease any burden imposed by
multiple survey efforts.
[1/1/99; Recompiled 10/31/01]
7.1.23.14 STATUS
OF DATA: All data and health
information collected pursuant to this rule shall become the property of the
commission upon receipt.
[1/1/99; Recompiled 10/31/01]
7.1.23.15 ACCESS
TO GEOGRAPHIC ACCESS DATA SYSTEM DATA:
Access to GADS data shall be as follows:
A. Access to public data:
(1) Internet access: All public data submitted to the commission
pursuant to this rule may be made accessible, as determined to be appropriate
by the commission, to any person through the health data system internet site.
(2) Requests made
directly to the commission: Requests
made directly to the commission for public data shall be subject to the
provisions of 7 NMAC 1.20.14 [now 7.1.20.14 NMAC]. The commission may assess fees for preparing the requested data
and reports, as specified in 7 NMAC 1.20.15 [now 7.1.20.15 NMAC].
B. Access to non-public data: Access to all non-public data submitted to
the commission pursuant to this rule shall be in accordance with 7 NMAC 1.20
[now 7.1.20 NMAC] unless other provisions for release are made upon the
expressed written authority of the designated administrator of the data source.
[1/1/99; Recompiled 10/31/01]
7.1.23.16 ELECTRONIC
REPORTING REQUIREMENTS: As of
January 1, 2000, all GADS data sources shall submit the required quarterly or annual
data by electronic media (such as computer tape, cartridge or diskette) or by
direct electronic transmission, per the record layout and instruction provided
by the commission.
[1/1/99; Recompiled 10/31/01]
7.1.23.17 MODIFICATION
OR EXEMPTION FROM REPORTING COMPLIANCE:
A. Upon written application to the
director, the director may grant a GADS data source a 1) modification in
reporting requirements or 2) temporary exemption, not to exceed two reporting
quarters or one year, whichever is less, from the schedule required by 7 NMAC
1.23.8 [now 7.1.23.8 NMAC]. Temporary
exemption from reporting does not excuse the GADS data source from reporting
the data from the exempted period. Upon
resumption of the regular reporting schedule the GADS data source shall
promptly report data for the exempted period. A modification or exemption shall
be granted only when the data source makes reasonable showing that compliance
would require unreasonable costs, would be unduly burdensome given the
particular circumstances of the data source, or is not feasible due to no fault
of the data source. In requesting a modification, the data source must also
make a reasonable showing that it will effectuate the purposes of this rule
through alternatives means. The GADS data source may appeal the director’s
decision to the commission, which shall make a final determination on the
request.
B. Modifications to the specificity of
any required data field may be directed by the health policy commission to
accommodate updates in technology, public policy needs or as otherwise deemed
necessary by the commission to fulfill the intent of this rule.
[1/1/99; Recompiled 10/31/01]
7.1.23.18 PENALTIES
FOR RULE VIOLATION: Failure to
comply with any of the reporting requirements in this rule may result in
injunctive relief and a civil penalty not to exceed $1,000 per violation, as
provided by the Health Information System Act, Section 24-14A-1 et seq. NMSA
1978.
[1/1/99; Recompiled 10/31/01]
HISTORY OF 7.1.23 NMAC: [RESERVED]
