SENATE BILL 231

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Carroll H. Leavell

AN ACT

RELATING TO WORKERS' COMPENSATION; PROVIDING FOR ACCESS TO INFORMATION REGARDING A WORKER'S STATUS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 52-10-1 NMSA 1978 (being Laws 1990 (2nd S.S.), Chapter 2, Section 90) is amended to read:

     "52-10-1. RELEASE OF MEDICAL RECORDS--ACCESS TO INFORMATION.--

          A. A health care provider shall immediately release to a worker, that worker's employer, that employer's insurer, the appropriate peer review organization or the health care selection board all medical records, medical bills and other information concerning any health care or health care service provided to the worker, upon either party's written request to the health care provider for that information. Except for those records that are directly related to any injuries or disabilities claimed by a worker for which that worker is receiving benefits from his employer, the request shall be accompanied by a signed authorization for that request by the worker.

          B. An employer or worker shall not be required to continue to pay any health care provider who refuses to comply with Subsection A of this section.

          C. With written permission from the injured worker, a party to a claim, including a medical case manager, may directly contact a health care provider for the purpose of understanding the worker's disability status, work restrictions or treatment plan.

          D. An injured worker who has given written permission pursuant to Subsection C of this section may withdraw that permission at any time."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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