See Employer or Carrier Selects
Employer or Carrier Selects
The employer shall initially either select the health care provider for the injured worker or permit the injured worker to make the selection. Subject to the provisions of this section, that selection shall be in effect during the first 60 days from the date the worker receives treatment from the initially selected health care provider. (N.M. Stat. Ann. § 52-1-49 B.)
The employer shall decide either to select the initial HCP or to permit the worker to select the initial HCP. The decision made by the employer shall be made in writing to the worker. Employer may communicate the decision to select the initial HCP or to permit the worker the selection by any method reasonably calculated to notify workers. The employer may use a wallet card, a poster stating the decision posted with the WCA poster, a flyer inserted semi-annually with pay checks, or any other method employer reasonably believes will be successful in alerting the worker.
(b) If the decision of the employer is not communicated in writing to the worker, then the medical care received by the worker prior to written notification shall not be considered a choice of treating HCP by either party.(18.104.22.168(B)(2)(a) NMAC)
Change of Provider
After the expiration of the initial 60-day period set forth in Subsection B of this section, the party who did not make the initial selection may select a health care provider of his choice. Unless the worker and employer otherwise agree, the party seeking such a change shall file a notice of the name and address of his choice of health care provider with the other party at least 10 days before treatment from that health care provider begins. The director shall adopt rules and regulations governing forms, which employers shall post in conspicuous places, to enable this notice to be promptly and efficiently provided. This notice may be filed on or after the 50th day of the 60-day period set forth in Subsection B of this section. ((N.M. Stat. Ann. § 52-1-49 C.)
Notice of Change of Health Care Provider Form:
See Direction of Care and Change of Provider law.
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