The proposed bill seeks to enhance the privacy protections of patient records, particularly focusing on sensitive health care information related to reproductive health care, gender-affirming health care, and mental health care. It mandates that health information exchanges and electronic patient record systems must segregate this sensitive information and restrict access to authorized individuals only. The bill also prohibits the disclosure of patient records concerning abortion in response to subpoenas or requests from other states that conflict with New Mexico's reproductive health laws. Key amendments include renaming the "Electronic Medical Privacy Act" to the "Patient Records Privacy Act" and introducing definitions for terms such as "gender-affirming health care" and "reproductive health care." Additionally, it repeals a previous requirement for reporting induced abortions, thereby reinforcing confidentiality.

Furthermore, the bill amends Section 24-14B-9 to clarify that the Patient Records Privacy Act does not apply to certain types of insurers, including property and casualty insurers and life insurers. A new section, 24-14B-11, is introduced to establish enforcement mechanisms for violations of the Act, detailing penalties for health information exchanges or electronic patient record systems that violate the law, including injunctive relief and civil penalties. Individuals are also empowered to seek damages in court, and the attorney general or district attorneys can initiate civil actions for violations. The bill includes a repeal of Section 24-14-18 and sets an effective date of July 1, 2025, for its provisions.

Statutes affected:
introduced version: 24-14B-1, 24-14B-2, 24-14B-3, 24-14B-6, 24-14B-7, 24-14B-8, 24-14B-9, 24-14-18