Bill > SB404

This bill strengthens privacy protections for patient records by requiring electronic health record systems and health information exchanges to segregate and limit access to sensitive health care information, particularly for reproductive health care, gender-affirming health care, mental health care, and substance use treatment. The bill renames the "Electronic Medical Records Act" to the "Patient Records Privacy Act" and significantly expands definitions and protections. Key provisions include mandating that health record systems: (1) segregate sensitive health information, (2) limit user access to only those with written authorization, (3) provide a process for individuals to disable out-of-state access to their records, and (4) notify individuals before releasing their segregated health information in response to legal inquiries. Notably, the bill explicitly prohibits releasing patient records related to abortion in response to subpoenas from other states that might interfere with reproductive health care rights. The legislation establishes enforcement mechanisms, including civil penalties up to $7,500 for intentional violations, allows individuals to sue for damages, and empowers the attorney general or district attorneys to bring civil actions. The bill also repeals a previous law requiring reporting of induced abortions and will become effective on July 1, 2025.

Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=404&year=25