Proposed Rule Changes
The WCA is conducting a review of existing New Mexico WCA Rules. Stakeholders and the general public have provided input at all material stages of this process.
NOTICE OF PUBLIC HEARING
The New Mexico Workers' Compensation Administration will conduct an in person public hearing on the adoption of new WCA Rules on:
Friday, October 21, 2022
1:30 p.m.
Workers’ Compensation Administration
2410 Centre Avenue S.E., Albuquerque, NM 87106
Written comments on the rule changes will be accepted until 5:00 pm on October 28, 2022.
The WCA is proposing new rules regarding Part 1, General Provisions, Part 4, Claims Resolution (being repealed and replaced), Part 5 Enforcement and Administrative Investigation, Part 6 Judicial Selection, Part 7 Payments for Health Care Services (being repealed and replaced), Part 12 Uninsured Employers’ Fund, and Part 13 Controlled Insurance Pla
The proposed changes may be found below.. For a copy by e-mail, contact the WCA General Counsel Office at gc.clerk@state.nm.us. For a copy by mail, please submit a self-addressed, stamped envelope with your request to WCA General Counsel Office, 2410 Centre Ave. SE, Albuquerque, NM 87106. Comments should be sent to WCA General Counsel Office, 2410 Centre Ave. SE, Albuquerque, NM 87106 or gc.clerk@state.nm.us.
Comments made in writing and at the public hearing will be taken into consideration.
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any form of auxiliary aide or service to attend or participate in the hearing or meetings, please contact the General Counsel Office at gc.clerk@state.nm.us. Or you may inquire about assistance through the New Mexico relay network at 1-800-659-1779 or https://newmexico.networkofcare.org/.
This notice can be downloaded.
Proposed Rule Changes
11.4.1 NMAC (Proposed) General Provisions
11.4.4 NMAC (Proposed) Claims Resolution
11.4.5 NMAC (Proposed) Enforcement & Administrative Investigations
11.4.6 NMAC (Proposed) Judicial Selection
11.4.7 NMAC (Proposed) Payments for Health Care Services
11.4.12 NMAC (Proposed) Uninsured Employers' Fund
11.4.13 NMAC (Proposed) Controlled Insurance Plans
Rules
The New Mexico Workers' Compensation Administration procedural rules are found in Title II, Chapter 4 of the New Mexico Administrative Code.
(click on the rule title below to download the pdf format of the rule)
- [Part 1] General Provisions (Effective 10/1/2014)
- [Part 2] Data Reporting and Safety Requirements (Effective 9/30/16)
- [Part 3] Payment of Claims, Post-Accident Drug and Alcohol Testing, and Conduct of Parties (Effective 6/30/16)
- [Part 4]Claims Resolution (Effective 1/1/2018)
- [Part 5] Enforcement & Admin. Investigations (Effective 10/1/2014))
- [Part 6] Judicial Selection (Effective 12/31/13)
- [Part 7] Payments for Health Care Services (Effective 9/30/16)
- [Part 8] Individual Self-Insurance (Effective 9/30/16)
- [Part 9] Group Self-Insurance (Effective 10/1/15)
- [Part 10] Self-Insurance Pooling of Public Entities (Effective 1/14/05)
- [Part 11] Proof of Coverage (Effective 9/30/16)
- [Part 12] Uninsured Employers' Fund (Effective 12/31/11)
- [Part 13] Controlled Insurance Plans (Effective 12/31/13)
Final Rule
Following a public comment period, including a public hearing on October 27, 2017, the director of the Workers’ Compensation Administration has repealed rule 11.4.4 NMAC titled Workers’ Compensation – Claims Resolution and replaced it with a new 11.4.4 NMAC, titled Workers’ Compensation – Claims Resolution, adopted November 13, 2017 and effective January 1, 2018. NMSA 1978, Sections §§ 52-5-4 (2003) and 52-4-3 (1990) authorize the director to adopt reasonable rules, regulations, and fee schedules.
See the Final Rule (Rule 4, effective 1/1/2018).
Workers' Compensation Statutes Online
The complete New Mexico statutes and rules are available free online through the New Mexico Compilation Commission, at: [New Mexico Statutes and Court Rules]
Note: Select Chapter 52 for Workers' Compensation
How to Purchase Statutes
Workers' compensation statutes may also be purchased in book form from the New Mexico Compilation Commission.