NM| New Mexico OSI Bulletin 2026-011, issued September 30, 2026, establishes the process for health insurers, health plans, PBMs, and other regulated entities to request that records filed or submitted to OSI be legally treated as confidential. It replaces Bulletin 2024-018 and supersedes the confidentiality-request language in Bulletin 2025-011 for PBM-related filings. The Bulletin emphasizes that OSI records are generally public under New Mexico’s Inspection of Public Records Act unless a statutory or legally supported confidentiality basis applies; simply labeling a filing “confidential” in SERFF does not establish legal confidentiality. Requests require a current OSI form, a detailed and fact-specific justification, properly identified records, and—where applicable—both redacted and unredacted versions, with OSI generally aiming to respond within 30 days.
Key Points:
- Submit the current OSI confidentiality form: The filer and declarant must sign the “Confidentiality Determination and OSI Determination Notice” form and email it to confidentiality.requests@osi.nm.gov.
- Identify each record precisely: SERFF filings must state the exact file number and file name; email or Dropbox submissions must be identified with sufficient specificity. One form can address up to five records.
- Provide redacted and unredacted copies: For SERFF records, submit both an original unredacted version and a version that blacks out only the material claimed as confidential.
- Support requests with specific facts and law: A conclusory assertion that information is proprietary, a trade secret, or competitively sensitive is insufficient; the declaration must explain the applicable legal basis and concrete competitive or economic harm from disclosure.
- Plan for timing and limits: OSI generally seeks to issue determinations within 30 days, does not routinely expedite requests, and cautions that an OSI confidentiality determination is not binding on a court.