New Mexico Medical Record Fees: The 2025-2026 Statutory Guide
In New Mexico, the management and release of medical records are governed by the New Mexico Medical Board’s regulations, specifically 16.10.17.8 NMAC. These rules establish what is considered a “reasonable cost-based charge” for duplicating and mailing medical records.
1. Statutory Fee Schedule (2025-2026)
New Mexico uses a “front-loaded” fee structure. While the initial pages are relatively expensive, the per-page rate for large records is among the lowest in the Western United States.
| Service Type | Paper Format Fee | Electronic Format Fee |
|---|---|---|
| First 15 Pages | $30.00 (Total) | Actual Cost of Reproduction |
| Pages 16+ | $0.25 per page | Actual Cost of Reproduction |
| X-Rays & Imaging | Actual Cost | Actual Cost |
| Postage | Actual Cost | $0.00 (if digital delivery) |
The “Actual Cost” Rule for Electronic Records
Under 16.10.17.8(B) NMAC, if a patient or representative requests records in an electronic format, the physician or facility may only charge the actual cost of reproduction.
- Interpretation: Because there is no paper, toner, or physical “copying” labor involved in exporting a digital file from an EMR, the “actual cost” for a PDF should be significantly lower than the paper-based per-page rates.
- Audit Standard: Providers who attempt to charge $0.25 per page for a digital file are often in violation of the “actual cost” mandate if they cannot prove that each digital page incurred a $0.25 expense.
2. Prohibition on Withholding Records
A critical protection in New Mexico law (16.10.17.8(A) NMAC) is that medical records may not be withheld because a patient has an overdue account or owes a bill for treatment or previous services. Access to the information is a right that exists independent of the patient’s financial balance with the provider.
3. Psychotherapy Notes
New Mexico follows federal standards regarding psychotherapy notes. Under 16.10.17.8(C) NMAC, these notes must be maintained separately from the primary medical record. A patient does not have a right to read or copy these specific notes, and their release to other providers requires express patient authorization.
4. The Patient Rate (HIPAA Protection)
While state law allows for a $30.00 initial charge, federal HIPAA regulations act as a “ceiling” for patients requesting their own records:
- No Search Fees: HIPAA prohibits charging for the time spent searching for or retrieving records.
- Labor Caps: If a patient requests a digital copy, the provider is limited to charging only for the labor of creating the copy and the cost of the digital media (USB/CD).
Audit Tip for New Mexico Paralegals
The most common overcharge in New Mexico involves the $30.00 base fee.
- The $30 Trap: Vendors often try to charge a $25.00 “Search Fee” PLUS the $30.00 for the first 15 pages.
- The Audit: Under 16.10.17.8 NMAC, the $30.00 is the total allowable charge for those first 15 pages, including the “search” and administrative labor. You should never see a separate “administrative” or “handling” fee on a New Mexico invoice.
Audit Your Invoice
If you believe a New Mexico provider is improperly withholding records due to an unpaid bill or is charging paper-based rates for a digital file, our auditor uses 16.10.17 NMAC to verify every line item.
Not sure if your invoice is accurate? Use our Medical Record Fee Calculator to audit your charges against these New Mexico statutes.
Please understand that the materials on this web page are for general information purposes only, and is not intended as legal advice.