Review Organization Immunity – N.M. Stat. Ann. §41-9

The state of New Mexico has passed a Review Organization Immunity Act that grants confidentiality to medical review boards that gather and review information pertaining to the care and treatment of patients.  Such organizations may only be created by hospitals, health maintenance organizations, local associations of health care providers, nonprofit health care plans, or emergency medical systems, and must limit membership to health care providers and staff within the organization.  All data and information acquired by a review organization in its exercise of its duties and functions will be held confidential and may not be disclosed to anyone except to the extent necessary to carry out the purposes of the review board.  However, information, documents or records otherwise available from original sources will not be considered immune.  Any improper disclosure of information may result in a fine of not more than $100, or imprisonment not to exceed 6 months., or both.

Additionally, no person providing information to a review organization may be subject to any action for damages or other relief by reasons of having furnished such information, unless the information is false and the person providing it had reason to believe the given information was false.