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Recipient Privacy and Confidentiality
Provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) require that certain privacy and security guidelines are met when collecting and releasing identifiable information regarding the health care of an individual.
To learn your rights under HIPAA please visit the Centers for Medicare & Medicaid Services website and read our privacy notice.
New Mexico Human Services Department Short Message Service (SMS) Policies
- Message and data rates may apply.
- Message frequency varies.
- SMS text messages are intended to be a reasonable effort communication and represent just one component of the New Mexico Human Services Department’s (HSD) communication system.
- We may use your information to send SMS notifications such as appointment reminders, benefit status changes, and verification of documents you have sent us.
- You may opt out of SMS text messaging even after you have given permission for us to text you.
- We may offer you the opportunity to participate in surveys or events. We use survey results for various purposes, including to enhance our services and sites. If you provide your name, we may contact you to discuss your comments.
- SMS text message notifications may be delayed or not received during regional emergencies or other periods of high messaging traffic or may fail for other reasons. SMS text message delivery is not always predictable.
- Third parties can send SMS text messages disguised as alerts from the New Mexico Human Services Department (HSD). You are urged to verify the authenticity of any message that you receive.
- SMS text message notification from the New Mexico Human Services Department (HSD) will be displayed on your mobile device in the same manner as any other SMS text messages.
- To the maximum extent permitted by law, all information contained in SMS text messages is provided “as is” for convenience purposes only. It is still your responsibility to keep your contact and other information up to date with HSD, especially your mailing address, to ensure you receive official paper U.S. Postal Service notifications regarding your benefits.
- To the maximum extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the receipt, use, failure of, or inability to use, SMS text messages.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
New Mexico Human Services Department Confidentiality Privacy Statement
To file a complaint through HSD of discrimination and/or rude treatment regarding a program receiving Federal or State financial assistance, a complaint form is available at the ISO office or you may write to: NM Human Services Department, ISO Civil Rights Director, P.O. Box 2348, Santa Fe, NM 87504-2348 or by fax (505) 827-7241.
The New Mexico Human Services Department (HSD) collects privacy information from New Mexico clients seeking social services such as Medicaid, Supplemental Nutritional Assistance Program (SNAP), and cash programs. All information you give to HSD is confidentiaVprivate. This information will be given to HSD employees who need it to manage the programs for you have applied. All information will be used to determine eligibility and/or to provide services. (Revised 07/15/14).
This information may be given to other Federal and State agencies for official examination, and to law enforcement officials for the purpose of picking up persons fleeing to avoid the law. If you get benefits that were not eligible for and have to pay them back, this is called a claim. If your household gets a claim against it, the information on the application including Social Security Numbers, may be given to Federal and State agencies, as well as private claims collection agencies for claims collection action. You only have to give U.S. Citizenship and Social Security Numbers for those household members that you are applying for. You do not need to be a U.S. Citizen to apply.
Receiving SNAP/food, energy or medical assistance will not prevent you from becoming a lawful permanent resident or U.S. citizen. Non-citizen immigrants not requesting assistance for themselves do not need to give immigration status information, Social Security Numbers, or other similar proofs; however, they must give proof of income and things they own because part of their income and things they own may count towards the household’s eligibility for assistance. Certain benefits may be available for people without a Social Security Number; ask ISO.
We also check with other agencies, the federal Income and Eligibility Verification Service (IEVS) and The Public Assistance Reporting Information System (PARIS) about the information that you give us. This information may affect your household eligibility and benefit amount.
You have the right to correct your case information on file, and obtain a copy of your case records. If you wish to obtain a copy of your case file, ask your case worker.
New Mexico Human Services Department Notice of Privacy Practices
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities. You have the right to:
Get a copy of your health and claims records
- You can ask to see or get a copy of your health and claims records and other health information we have about you. Ask us how to do this.
- We will provide a copy or a summary of your health and claims records, usually within 30 days of your request. We reserve the right to charge a reasonable, cost-based fee.
Ask us to correct health and claims records
- You can ask us to correct your health and claims records if you think they are incorrect or incomplete. Ask us how to do this.
- We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential communications
- You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
- We will consider all reasonable requests, and must say “yes” if you tell us you would be in danger if we do not.
Ask us to limit what we use or share
- You can ask us not to use or share certain health information for treatment, payment, or our operations.
- We are not required to agree to your request, and we may say “no” if it would affect your care.
Get a list of those with whom we’ve shared information
- You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you make the request, who we shared it with, and why.
- It’s our responsibility to include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
- You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
- If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
- We will make sure the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
- You can complain if you feel we have violated your rights by contacting us using the information on page 1 or contacting the HSD Privacy Officer at 1-800-283-4465.
- You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling (877) 696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/
- We will not retaliate against you for filing a complaint.
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described in the Responsibilities section, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
- Share information with your family, close friends, or others involved in payment for your care
- Share information in a disaster relief situation.
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your information unless you give us written permission:
- Marketing purposes
- Sale of your information
Our Uses and Disclosures
How do we typically use or share your health information?
We typically use or share your health information in the following ways.
Help manage the health care treatment you receive
- We can use your health information and share it with professionals who are treating you.
Example: A specialist sends us a request for your diagnosis and treatment plan so he can further treat you.
Run our organization
- We can use and disclose your information to run our organization and contact you when necessary.
- We are not allowed to use genetic information to decide whether we will give you coverage and the price of that coverage. This does not apply to long term care plans.
Example: We use health information about you to develop better services for you.
Pay for your health services
- We can use and disclose your health information as we pay for your health services.
Example: We share information about you with your dental plan to coordinate payment for your dental work.
How else can we use or share your health information?
We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see:
Help with public health and safety issues
- We can share health information about you for certain situations such as:
- Preventing disease
- Helping with product recalls
- Reporting adverse reactions to medications
- Reporting suspected abuse, neglect or domestic violence
- Preventing or reducing a serious threat to anyone’s health or safety
- We can use or share your information for health resear
Comply with the law
- We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy la
Address workers’ compensation, law enforcement, and other government requests
- We can use or share health information about you:
- For workers’ compensation claims
- For law enforcement purposes or with a law enforcement official
- With health oversight agencies for activities authorized by law
- For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
- We can share health information about you in response to a court or administrative order, or in response to a
There are federal and state laws that may protect or restrict certain types of health information from use or disclosure, such as information regarding HIV/AIDS, mental health, genetic tests, alcohol and drug abuse, sexually transmitted diseases and reproductive health, and child or adult abuse or neglect.
- We are required by law to maintain the privacy and security of your protected health
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
For more information: Contact us using the information in the “File a Complaint” section above or contacting the HSD Privacy Officer at 1-800-283-4465.
Changes to the Terms of this Notice
- We can change the terms of this notice, and the changes will apply to all information we have about you.
- The new notice will be available upon request and on our web site.