The state of New Mexico has taken strides to adopt a statewide health information technology system through the establishment of the New Mexico Telehealth Commission.  The purpose of such a system is to provide and support health care delivery, diagnosis, treatment, and the transfer of medical data when medical treatment is occurring over a long distance when there are multiple providers involved.  The Commission should also address the lack of providers in medically underserved areas, and attract medical providers to rural areas.1   The Commission’s duties involve identifying how telehealth can be used to increase access to health care, barriers to telehealth use, and developing and disseminating telehealth standards and guidelines.2

        New Mexico law has also created a Health Information System, which allows a data provider to access the information he or she has submitted to the health information system, including data specific to an individual patient.  The law also provides for universal access to aggregate data.  Information that identifies individual patients, hospitals or providers may only be shared between the Commission on Health Information Systems and the Department of Health or between the Commission and a federal agency that is authorized to collect or disseminate health information.    However, any information given to a federal agency must remove individually identifiable patient or provider information.3  Any health information collected under the Health Information System is confidential and not accessible by the public.  Record level (unique and individually identifiable) data given to the Department of Health is also confidential, and can only be disclosed to compile aggregate data.   These compilations of aggregate data can be released and disseminated and be made a part of the public record.4  The law also makes it a crime to fail to comply with the regulations governing Health Information Systems.5

        The state of New Mexico recognizes electronic medical records (EMRs) as legal and satisfies the rules governing written medical records or signatures.6  Any law relating to record retention may also be satisfied through the maintenance of electronic medical records.7  However, providers, hospitals or health care groups may not disclose health information contained in an individual’s electronic health record to another person without the individual’s consent.  Demographic information and information about the location of the person’s electronic medical record can be disclosed to a record locator service, except if the provider or health care center using the record locator service also participates in a health insurance exchange.  The statute explicitly carves out an exception for disclosure of information to a provider treating a patient in a life threatening situation.8