Powers and duties

A. The authority may: (1) bring action in court for the enforcement of laws and rules pertaining to the authority's powers and duties; (2) enter into joint powers agreements to carry out the powers and duties of the authority; (3) cooperate and enter into contracts or agreements with the federal government or any other person to carry out the powers and duties of the authority; (4) cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential physical, mental and behavioral health services and functions; (5) adopt, promulgate and enforce such rules as may be necessary to carry out the provisions of the Health Care Code; (6) sue and, with the consent of the legislature, be sued; (7) request and inspect, while maintaining federal and state confidentiality requirements, copies of: (a) medical and clinical records reasonably required for the authority's quality assurance and quality improvement activities; and (b) medical and clinical records pertaining to a person whose death is the subject of inquiry by the department of health's mortality review activities; and (8) do all other things necessary to carry out its duties as defined by law and rules promulgated in accordance with law. B. The authority shall: (1) promulgate and enforce rules for the licensure of health facilities under its jurisdiction; (2) license and inspect health facility premises to ensure compliance with laws, rules and public safety; and (3) carry out such other duties as provided by law. C. The authority and the office of the state long-term care ombud shall have prompt access to all files and records in the possession of the department of health that are related to any health facility investigation; provided that a person who discloses confidential information protected by federal or state law is guilty of a petty misdemeanor. History: 1978 Comp., § 24A-1-3, enacted by Laws 2024, ch. 39, § 24.