New Mexico medical records laws

How New Mexico differs from federal HIPAA

• For physician records, sets a specific cap ($30 for the first 15 pages, $0.25/page after) in addition to HIPAA's cost-based limit.
• Medical Board rule expressly bars withholding records because an account is overdue.
• No shorter statutory deadline than HIPAA; the Board treats two weeks as timely.
• Physicians must keep records at least 10 years and hospitals 10 years after last discharge — longer than HIPAA, which sets no medical-record retention period.

How long a provider has to respond

New Mexico's Medical Board rule requires physicians to provide copies 'in a timely manner' (the Board considers two weeks timely and says it should not take more than 30 days); HIPAA's 30 days, with one 30-day extension on written notice, is the legal outer limit.(16.10.17.8 NMAC (eff. July 1, 2006; amended Jan. 1, 2009), New Mexico Medical Board, 45 CFR 164.524)

Under 45 CFR § 164.524, a provider may take one 30-day extension only if it tells you in writing, within the first 30 days, why and when you will get the records.

What a provider can charge

For records held by physicians and others licensed by the New Mexico Medical Board, a reasonable charge is no more than $30 for the first 15 pages and $0.25 per page after that; electronic copies and x-rays may be charged at actual reproduction cost. Other providers (such as hospitals) follow HIPAA's reasonable cost-based fee rule.(16.10.17.8 NMAC (eff. July 1, 2006; amended Jan. 1, 2009), 45 CFR 164.524)

Paper copies

Physicians: max $30 for the first 15 pages, then $0.25 per page

maximum charge covering the first 15 pages (physician/PA records)

Up to $30.00

Electronic copies

Electronic records and other formats such as x-rays: actual cost of reproduction

A provider cannot refuse to give you your records because you owe money for treatment. Compare every state on the medical records fees by state page.

How long records must be kept

• Physicians (Medical Board licensees): At least 10 years after the last treatment (or a longer period set by insurance law or Medicare/Medicaid rules); minors' records until the patient is 21(16.10.17.10 NMAC)
• Hospitals: 10 years after the patient's last discharge; lab records and x-ray films have shorter rules if results are in the chart(NMSA 1978, § 14-6-2 (2020 text))

Minors and sensitive records

• mental health: Psychotherapy notes must be kept separately from the medical record and may be withheld; the patient has no right to read, amend or copy them.(16.10.17.8 NMAC (eff. July 1, 2006; amended Jan. 1, 2009))

If a provider doesn't comply

• New Mexico Medical Board

  MDs, DOs, physician assistants, podiatrists and other Board licensees (not hospitals or facilities); online portal

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in New Mexico

1. Ask the provider's medical records (health information) department for its request form, or write your own request with your name, date of birth, dates of care, the records you want, and the format (paper or electronic).
2. Keep a copy and note the date — the 30 days (HIPAA) clock runs from when the provider receives it.
3. If the deadline passes or the bill exceeds the rules above, use the complaint routes on this page.

Templates and step-by-step help are on the records-access hub. Find a New Mexico hospital's records office, or browse hospitals in New Mexico.

Common questions about New Mexico medical records