N.M. Stat. § 52-5-3
Reports; data gathering.
A. The intent of this section is to allow the director to gather data and conduct
studies to evaluate the workers' compensation and occupational disease disablement
system in New Mexico. This includes evaluating the benefits structure and the costs
incurred under each version of the Workers' Compensation Act [Chapter 52, Article 1
NMSA 1978] and the New Mexico Occupational Disease Disablement Law [52-3-1
NMSA 1978]. To this end, the director shall establish baseline data against which to
assess the changes in the law.
B. The director shall independently evaluate insurance industry data pertaining to
workers' compensation and occupational disease disablement claims and payments, as
well as other information the director believes to be necessary and relevant to a
thorough evaluation of the system's effectiveness. In addition to data generated by
insurance industry representatives and organizations, the director shall collect data from
employers, claimants and other relevant parties.
C. Unless otherwise provided by law, the director shall have access to insurance
industry information that contains workers' compensation and occupational disease
disablement claim data as the director determines is necessary to carry out the
provisions of this section.
D. The director shall have access to files and records of:
(1)
the workforce solutions department that pertain to:
(a) the name and number of employees reported by employers;
(b) employers' mailing addresses;
(c) federal identification numbers; and
(d) general wage information;
(2)
the office of superintendent of insurance that pertain to:
(a) historical insurance classification rates and total premiums paid during
given periods of time;
(b) insurers licensed to underwrite casualty insurance; and
(c) records of group self-insurers;
(3)
the human services department [health care authority department] that
include names, addresses and other identifying information of recipients of benefits and
services pertaining to income support;
(4)
the taxation and revenue department that identify employers paying
workers' compensation assessments in accordance with Section 52-5-19 NMSA 1978;
and
(5)
the motor vehicle division of the taxation and revenue department that
pertain to the identity of licensed drivers and the ownership of motor vehicles.
E. Information that is confidential under state law shall be accessible to the director
and shall remain confidential.
F. The director shall prepare an annual report. The director shall publish in that
report and in other reports as the director deems appropriate such statistical and
informational reports and analyses based on reports and records available as, in the
director's opinion, will be useful in increasing public understanding of the purposes,
effectiveness, costs, coverage and administrative procedures of workers' compensation
and in providing basic information regarding the occurrence and sources of work injuries
or disablements to public and private agencies engaged in industrial injury prevention
activities. The reports shall include information concerning the nature and frequency of
injuries and occupational diseases sustained and the resulting benefits, costs and other
factors that are important to furthering the intent of this section.