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Access to medical records by applicants for disability benefits; violations – N.M. Stat. Ann. § 14-6-3

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These requirements apply to any person who is licensed, certified or otherwise authorized by law to provide or render health care, as well as to any facility that employs or contracts with such person. 

A patient or former patient who is applying for benefits based on social security disability or appealing a denial of such benefits, or an authorized representative of such patient, may request a copy of the patient's medical records. Within thirty days of receiving such request, the health care provider must provide the copy, and may charge the requestor for copying and/or obtaining the record.

The request submitted to the provider must include a statement or document from the agency that administers the benefits confirming the application or appeal.

Current as of June 2015