N.M. Admin. Code § 13.7.5.13

Current through Register Vol. 35, No. 20, October 22, 2024

Section 13.7.5.13 - CONFIDENTIAL ABUSE INFORMATION POLICIES AND PROCEDURES

A.Employees: An insurer shall, by the effective date of this rule, develop, make available for inspection by the superintendent, and implement written policies and procedures to protect against any collection, use, disclosure or transfer of confidential abuse information by the insurer which would violate the Domestic Abuse Insurance Protection Act or this rule. These policies and procedures shall include:

(1) limiting access to confidential abuse information to only those persons who reasonably need access to the information in order to perform their jobs;

(2) appropriate training for all employees with access to confidential abuse information who work in New Mexico or serve New Mexico applicants, insureds, or claimants;

(3) disciplinary measures for violations of the confidential abuse information policies and procedures;

(4) methods for handling, disclosing, storing and disposing of confidential abuse information; [and]

(5) periodic monitoring of employees who have access to confidential abuse information to ensure they are complying with the insurer's confidential abuse information policies and procedures.

B.Contractual arrangements: With respect to contractual arrangements between an insurer and a person in which the disclosure or transfer of confidential abuse information may occur, an insurer shall include a provision in the contract by which the recipient of confidential abuse information agrees to be bound by the provisions of the Domestic Abuse Insurance Protection Act in all respects and to be subject to enforcement of that act in the courts of this state.

N.M. Admin. Code § 13.7.5.13

1/1/99; Recompiled 11/30/01