Bill > HB430

This bill establishes the Health Data Privacy Act, a comprehensive law designed to protect individuals' health-related data privacy in New Mexico. The bill defines key terms like "regulated health information" as data that can be linked to an individual's physical or mental health, and sets strict requirements for how entities can collect, process, and share such information. Regulated entities must obtain clear, informed consent before processing an individual's health data, provide transparent privacy information, and offer accessible tools for individuals to exercise their privacy rights. The bill grants individuals several important rights, including the ability to access, correct, and delete their health information, and prohibits entities from using health data for targeted advertising or selling personal information without explicit consent. Entities that violate the law can face significant penalties, including civil fines up to $7,500 per affected individual for intentional violations and potential injunctive relief. The law includes several important exceptions, such as allowing data processing for legal compliance, emergency situations, and certain research purposes, and it is set to take effect on July 1, 2025. Notably, the bill does not apply to government entities and includes provisions to protect service providers under certain circumstances.

Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=430&year=25