24A-1-3: 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.