A. The files and records of the office may be disclosed only for purposes of fulfilling the duties of the office pursuant to Subsection C of Section 28-17-4 NMSA 1978 at the discretion of the state ombudsman or the state ombudsman's designee. All state ombudsman files and records pertaining to clients, patients and residents are confidential and not subject to the provisions of the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978]. The state ombudsman shall not disclose the identity of any complainant, resident, client or patient about whom the office maintains files or records unless:

(1) the complainant, resident, client or patient or the legal representative of that person consents in writing to the disclosure;

(2) the complainant, resident, client or patient gives oral consent that is documented immediately in writing by a representative of the office;

(3) disclosure is necessary for the provision of ombudsman services to the patient, resident or client and the patient, resident or client is unable to express written or oral consent; or

(4) disclosure is ordered by the court.

B. The director shall have access to the records and files of the office to verify the effectiveness and quality of the program where the identity of any complainant, witness, patient, resident or client is not disclosed.

History: Laws 1989, ch. 208, § 14; 1997, ch. 257, § 8; 2003, ch. 109, § 2.

The 2003 amendment, effective June 20, 2003, in Subsection A, deleted "of the ombudsman" preceding "pursuant to Subsection C", substituted "the state ombudsman's designee" for "person designated by him" following "state ombudsman or", inserted the second sentence, substituted "resident, client or patient" for "or resident" following "of any complainant"; rewrote Paragraph A(1); substituted "resident, client or patient" for "or resident" near the beginning of Paragraph A(2); and deleted "ombudsman" following "and quality of the" in Subsection B.

The 1997 amendment, effective July 1, 1997, rewrote Subsection A; deleted former Subsection B relating to access of complainants, witnesses, patients, residents or clients to records and files; and redesignated former Subsection C as Subsection B.