New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 4 - WORKERS' COMPENSATION
Part 7 - PAYMENTS FOR HEALTH CARE SERVICES
Section 11.4.7.9 - FEES FOR HEALTH CARE SERVICES
Universal Citation: 11 NM Admin Code 11.4.7.9
Current through Register Vol. 35, No. 18, September 24, 2024
A. HCP fee schedule.
(1) The director shall issue
an order pursuant to Section
52-4-5 NMSA 1978 not less than
once per annum setting the HCP fee schedule which shall list the maximum amount
of reimbursement for, or the method for determining the maximum amount of
reimbursement for medical services, treatments, devices, apparatus, and
medicine.
(2) In addition to the
HCP fee schedule, the director's HCP fee schedule order shall contain a brief
description of the technique used for derivation of the HCP fee schedule and a
reasonable identification of the data upon which the HCP fee schedule was
based.
(3) The HCP fee schedule is
procedure-specific and provider-neutral. Any code listed in the edition of the
current procedural terminology adopted in the director's HCP fee schedule order
may be used to designate the services rendered by any qualified provider within
the parameters set by that provider's licensing regulatory agencies combined
with applicable state laws, rules, and regulations.
(4) The HCP fee schedule shall be released to
the public not less than 30 days prior to the date upon which it is adopted and
public comments will be accepted during the 30 days immediately following
release.
(5) After consideration of
the public comments the director shall issue a final director's HCP fee
schedule order adopting a HCP fee schedule, which shall state the date upon
which it is effective. The final director's HCP fee schedule order shall be
available at the WCA clerk's office not less than 20 days prior to its
effective date.
B. Telehealth and telephonic services.
(1) Both
telehealth and telephonic services are allowable for workers' compensation
patients
(2) Telehealth and
telephonic services shall be reimbursed according to fees set forth in the HCP
fee schedule.
C. Hospital reimbursement.
All hospitals shall be reimbursed according to the methodology set forth in the HCP fee schedule and with the director's HCP fee schedule order.
D. Prescription medicine.
(1) The maximum payment
that a pharmacy or authorized HCP is allowed to receive for any prescription
medicine shall be determined by the method set forth in the HCP fee
schedule.
(2) Pharmacies shall not
dispense more than a 30 day supply of medication unless authorized by the
payer.
(3) Only generic equivalent
medications shall be dispensed unless a generic does not exist and unless
specifically ordered by the HCP.
(4) Compounded medication shall be paid in
accordance with the HCP fee schedule.
(5) Any medications dispensed and
administered in excess of a 24 hour supply to a registered emergency room
patient shall be paid according to the hospital ratio.
(6) Health care provider dispensed
medications shall not exceed a 10 day supply for new prescriptions only. The
payment for health care provider dispensed medications shall not exceed the
cost of a generic equivalent.
E. Medical cannabis reimbursement.
(1) General Provisions
(a) The maximum payment that a worker may be
reimbursed for medical cannabis shall be determined by the method and amount
set forth in the HCP fee schedule.
(b) Medical cannabis may be a reasonable and
necessary medical treatment only where an authorized health care provider
certifies that other treatment methods have failed.
(c) At least one physician certifying worker
for participation in the cannabis program shall be an authorized health care
provider.
(d) The worker must be an
enrolled in the cannabis program and provide proof of enrollment and qualifying
condition prior to the date of purchase of medical cannabis to be eligible for
reimbursement.
(2) Worker
shall be reimbursed upon the following conditions:
(a) Only the worker shall be reimbursed for
the out of pocket cost of medical cannabis;
(b) Worker shall submit an itemized receipt
issued by a licensed producer that includes the name and address of the
licensed producer and the worker, the date of purchase, the quantity in grams
of dry weight, the form of medical cannabis purchased, and the purchase
price;
(c) Worker shall be
reimbursed no more than the maximum amount set forth in the HCP fee
schedule;
(d) Reimbursement shall
be limited to the quantity set forth in the HCP fee schedule;
(e) Reimbursement for paraphernalia, as
defined in the Controlled Substances Act, shall not be made; and
(f) Reimbursement is not allowed for expenses
related to personal production or cannabis acquired from sources other than a
licensed producer.
F. Referrals.
(1) If a referral is made within the initial
60 day care period as identified by Subsection B of Section
52-1-49 NMSA 1978, the period is
not enlarged by the referral.
(2)
When referring the care of a patient to another provider, the referring
provider shall submit pertinent medical records for that patient, including
imaging, upon request of the referral provider, at no charge to the patient,
referral provider or payer.
(3)
When transferring the care of a patient to another provider, the transferring
provider shall submit complete medical records, including imaging, for that
patient to the subsequent provider at no charge to the patient, subsequent
provider or payer.
G. Independent medical examinations.
(1) All
IMEs and their fees must be authorized by the claims payer prior to the IME
scheduling and service, regardless of which party initiates the request for an
IME.
(2) In the event that an IME
is authorized and the HCP and claims payer are unable to agree on a fee for the
IME, the judge may set the fee or take other action to resolve the fee
dispute.
H. Physical impairment ratings.
(1) All PIRs and their
fees shall be authorized by the claims payer prior to their scheduling and
performance regardless of which party initiated the request for a PIR. The PIR
is inclusive of any evaluation and management code.
(2) Impairment ratings performed for primary
and secondary mental impairments shall be billed pursuant to the HCP fee
schedule and shall conform to the guidelines, whenever possible, presented in
the most current edition of the AMA guides to the evaluation of permanent
impairment.
(3) A PIR is frequently
performed as an inherent component of an IME. Whenever this occurs, the PIR may
not be unbundled from the IME. The HCP may only bill for the IME at the
appropriate level.
(4) In the event
that a PIR with a specific HCP is ordered by a judge and the HCP and claims
payer are unable to agree on a fee for the PIR, the judge may set the fee or
take other action to resolve the fee dispute.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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