N.M. Stat. § 52-1-49
Medical and related benefits; selection of health care
provider; artificial members.
A. After an injury to a worker and subject to the requirements of the Workers'
Compensation Act, and continuing as long as medical or related treatment is reasonably
necessary, the employer shall, subject to the provisions of this section, provide the
worker in a timely manner reasonable and necessary health care services from a health
care provider.
B. 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 sixty days from the date the
worker receives treatment from the initially selected health care provider.
C. After the expiration of the initial sixty-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 ten 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 fiftieth day of
the sixty-day period set forth in Subsection B of this section.
D. If a party objects to the choice of health care provider made pursuant to
Subsection C of this section, then he shall file an objection to that choice pursuant to
Subsection E of this section with a workers' compensation judge within three days from
receiving the notice. He shall also provide notice of that objection to the other party. If
the employer does not file his objection within the three-day period, then he shall be
liable for the cost of treatment provided by the worker's health care provider until the
employer does file his objection and the workers' compensation judge has rendered his
decision as set forth in Subsection F of this section. If the worker does not file his
objection within the three-day period, then the employer shall only be liable for the cost
of treatment from the health care provider selected by the employer, subject to the
provisions of Subsections E, F and G of this section. Nothing in this section shall
remove the employer's obligation to provide reasonable and necessary health care
services to the worker so long as the worker complies with the provisions of this section.
E. If the worker or employer disagrees with the choice of the health care provider of
the other party at any time, including the initial sixty-day period, and they cannot
otherwise agree, then he shall submit a request for a change of health care provider to
a workers' compensation judge. The director shall adopt rules and regulations governing
forms, which employers shall post in conspicuous places, to submit to a workers'
compensation judge a request for change of a health care provider.
F. The request shall state the reasons for the request and may state the applicant's
choice for a different health care provider. The applicant shall bear the burden of
proving to the workers' compensation judge that the care being received is not
reasonable. The workers' compensation judge shall render his decision within seven
days from the date the request was submitted. If the workers' compensation judge
grants the request, he shall designate either the applicant's choice of health care
provider or a different health care provider.
G. If the worker continues to receive treatment or services from a health care
provider rejected by the employer and not in compliance with the workers'
compensation judge's ruling, then the employer is not required to pay for any of the
additional treatment or services provided to that worker by that health care provider.
H. In all cases where the injury is such as to permit the use of artificial members,
including teeth and eyes, the employer shall pay for the artificial members.