Current through Register Vol. 35, No. 11, June 11, 2024
Section 2.82.1.15 - MEDICAL REVIEW AUTHORITY AND APPEAL OF RECOMMENDATIONSA. The board shall engage a medical review authority. The authority shall review all disability examination reports and advise the board of the nature and extent of disability for all applicants for disability benefits and the nature and extent of disability for those members already approved for benefits when it becomes necessary to determine their continued eligibility.B. The director may engage physicians and other qualified persons throughout the state to perform independent medical examinations upon applicants for disability, if necessary. Results of such examinations shall be reported in detail to, and reviewed by, the medical review authority. The director is authorized to pay a reasonable fee for the examinations.C. Applicants for disability benefits and recipients of disability benefits whose benefits are subject to re-examination shall be given written notice of those recommendations of the medical review authority which propose denial of the application for disability or termination of disability benefits. The written notice shall contain the following: (1) the recommendation of the medical review authority, and a clear and concise statement of the reasons supporting the recommendation;(2) a statement that the applicant or disability recipient may appeal the recommendation within thirty (30) days after receipt of the notice in accordance with 2.82.11 NMAC.2.82.1.15 NMAC - Rp, 2.82.1.14 NMAC, 11-15-12, Amended by New Mexico Register, Volume XXVI, Issue 11, June 16, 2015, eff. 6/16/2015, Amended by New Mexico Register, Volume XXVIII, Issue 18, September 26, 2017, eff. 9/26/2017