N.M. Code R. § 16.4.1.16 – Pre-paid Treatment Plans

Chiropractic physicians accepting pre-payment for services planned but not yet delivered must:

A. Establish an escrow account to hold all pre-payment funds.
1. (1) Funds may be removed from the escrow account following the delivery of services in such amounts equal to the chiropractors usual and customary charges for like services with any discounted percentage contained in the pre-paid agreement for the contracted treatment plan.
2. (2) Funds received in advance of the day services are delivered must be deposited into the escrow account in a timely manner.
B. The patient's file must contain the proposed treatment plan including enumeration of all aspects of evaluation, management and treatment planned to therapeutically benefit the patient relative to the condition determined to be present and necessitating treatment.
1. (1) The patient's financial file must contain documents outlining any necessary procedures for refunding unused payment amounts in the event that either the patient or the doctor discharge the others services or therapeutic association.
2. (2) The treatment plan in such cases were prepayment is contracted must contain beginning and ending dates and a proposed breakdown of the proposed treatment frequency, types of modalities and procedures included in the contracted treatment and methods of evaluating the patients progress or serial outcome assessment plan and method of recording or assessing patient satisfaction.
C. A contract for services and consent of treatment document must be maintained in the patient's file that specifies the condition for which the treatment plan is formulated, prognosis and alternate treatment options.
D. The chiropractic physician is responsible for providing all treatment appropriate and necessary to address and manage the condition including unforeseen exacerbations or aggravations, within the chiropractic physicians licensure, that may occur during the course of time for which the contract is active. This does not include alternative services procured by the patient or treatment by providers other than the treating chiropractor or those under the chiropractors direct supervision.
E. If nutritional products or other hard goods including braces, supports or patient aids are to be used during the proposed treatment plan the patient documents must state whether these items are included in the gross treatment costs or if they constitute a separate and distinct service and fee.
HISTORY OF 16.4.1 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:
BCE 69-1, Board Rules and Regulations, filed 9/30/1969.
BCE 69-1, Rule 10, Relating to Unethical Advertising, filed 1/31/1972.
BCE 80-2, Relating to Unethical Advertising, filed 8/19/1980.
Rule 2-87, Practicing Without a License, filed 1/28/1987.
Rule 3-87, Annual Registration Displayed, filed 1/28/1987.
Rule 10-87, Advertisements, filed 1/28/1987.
Rule 4-87, Duplicate License, filed 1/28/1987.
Rule 6-87, Change of Address, filed 1/28/1987.
Rule 10-93 Advertising, filed 2/3/1993.
Rule 10-93 Advertising, filed 10/1/1993.
Rule 19-95, Administrative Fees, filed 2/20/1995.
Rule 19-95, Administrative Fees, filed 3/31/1995.
History of Repealed Material:
16.4.1 NMAC, Chiropractic Practitioners - General Provisions filed 7/20/2012, Repealed effective 8/10/2019.
Other History:
Rule 19-95, Administrative Fees (filed 3/31/1995) renumbered, reformatted, and amended to 16 NMAC 4.1, Chiropractic Practitioners, General Provisions, effective 11/16/1997.
16 NMAC 4.1, Chiropractic Practitioners, General Provisions (filed 10/17/1997) renumbered, reformatted, amended and replaced by 16.4.1 NMAC, Chiropractic Practitioners, General Provisions, effective 1/15/2005.
16.4.1 NMAC, Chiropractic Practitioners - General Provisions filed 7/20/2012 was replaced by 16.4.1 NMAC, Chiropractic Practitioners - General Provisions effective 8/10/2019.

[16.4.1.16 NMAC - Rp, 16.4.1.16 NMAC 8/10/2019]