Section 30-44-5 - Failure to retain records; defined; penalties. - New Mexico Statutes

30-44-5. Failure to retain records; defined; penalties.

A.     Whoever receives payment for treatment, services or goods under the program shall retain all medical and business records relating to:   

(1)     the treatment or care of any recipient;   

(2)     services or goods provided to any recipient;   

(3)     rates paid by the department under the program on behalf of any recipient; and   

(4)     any records required to be maintained by regulation of the department for administration of the program.   

B.     Failure to retain records consists of intentionally failing to retain the records specified in Subsection A of this section for a period of at least five years from the date payment was received or knowingly destroying or causing those records to be destroyed within five years from the date payment was received.   

C.     Whoever commits the crime of failure to retain records:   

(1)     is guilty of a misdemeanor if the treatment, services or goods for which records were not retained amounts to not more than one thousand dollars ($1,000) and shall be sentenced pursuant to Section 31-19-1 NMSA 1978;   

(2)     is guilty of a fourth degree felony if the value of the treatment, services or goods for which records were not retained is more than one thousand dollars ($1,000) and shall be sentenced pursuant to the provisions of Section 13-18-15 NMSA 1978; and   

(3)     is guilty of a misdemeanor if the records not retained were used in whole or in part to determine a rate of payment under the program and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.