Exclusion prohibition not applicable to excepted benefit

NMSA 1978, § 59A-23G-7 — under Article 23G.

NMSA 1978, § 59A-23G-7

plans or policies. A. Notwithstanding any other provisions of law, an excepted benefits policy or plan shall not exclude coverage for losses incurred for a preexisting condition more than twelve months from the effective date of coverage. The policy or plan shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment recommended by or received from a physician within twelve months before the effective date of coverage. B. As used in this section, "excepted benefits" means benefits furnished pursuant to the following: (1) coverage-only accident or disability income insurance; (2) coverage issued as a supplement to liability insurance; (3) liability insurance; (4) workers' compensation or similar insurance; (5) automobile medical payment insurance; (6) credit-only insurance; (7) coverage for on-site medical clinics; (8) other similar insurance coverage specified in office of superintendent of insurance rules, under which benefits for medical care are secondary or incidental to other benefits; (9) the following benefits if offered separately: (a) limited-scope dental or vision benefits; (b) benefits for long-term care, nursing home care, home health care, community-based care or any combination of those benefits; and (c) other similar limited benefits specified in office of superintendent of insurance rules; (10) the following benefits, offered as independent, non-coordinated benefits: (a) coverage-only for a specified disease or illness; or (b) hospital indemnity or other fixed indemnity insurance; and (11) the following benefits if offered as a separate insurance policy: (a) medicare supplemental health insurance as defined pursuant to Section 1882(g)(1) of the federal Social Security Act; and (b) coverage supplemental to the coverage provided pursuant to Chapter 55 of Title 10 USCA and similar supplemental coverage provided to coverage pursuant to a group health plan. History: Laws 2019, ch. 259, § 21.