Chapter 13 — Chapter 13
383 sections in this chapter.
NMSA 1978, § 13-7-29 Sexually transmitted infection care; cost sharing
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eliminated. A. Group health coverage, including self-insurance, offered, issued, amended, delivered or renewed under the Health Care Purchasing Act, that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on eligible …
NMSA 1978, § 13-7-3 Definitions
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As used in the Health Care Purchasing Act: A. "consolidated purchasing" means a single process for the procurement of and contracting for all health care benefits by the publicly funded insurance agencies in compliance with the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] and…
NMSA 1978, § 13-7-30 Definitions
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As used in Sections 1 through 9 [13-7-30 to 13-7-38 NMSA 1978] of this 2023 act: A. "generally recognized standards" means standards of care and clinical practice established by evidence-based sources, including clinical practice guidelines and recommendations from mental health …
NMSA 1978, § 13-7-31 Benefits required
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Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for all mental health or substance use disorder services required by generally recognized standards of care. History: Laws 2023, ch. 114, §…
NMSA 1978, § 13-7-32 Parity for coverage of mental health and substance use
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disorder services. A. The office of superintendent of insurance shall ensure that an insurer complies with federal and state laws, rules and regulations applicable to coverage for mental health or substance use disorder services. B. An insurer shall not impose quantitative treatm…
NMSA 1978, § 13-7-33 Provider network adequacy
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A. An insurer shall maintain an adequate provider network to provide mental health and substance use disorder services. B. The superintendent of insurance shall ensure access to mental health and substance use disorder services providers, including parity with medical and surgica…
NMSA 1978, § 13-7-34 Utilization review of mental health or substance use
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disorder services. A. An insurer shall, at least monthly, review and update the insurer's utilization review process to reflect the most recent evidence and generally recognized standards of care. B. When performing a utilization review of mental health or substance use disorder …
NMSA 1978, § 13-7-35 Prohibited exclusions of coverage for mental health or
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substance use disorder services. An insurer shall not exclude provider prescribed coverage for mental health or substance use disorder services otherwise included in its coverage when: A. it is available pursuant to federal or state law for individuals with disabilities; B. it is…
NMSA 1978, § 13-7-36 Level of care determinations for the provision of mental
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health or substance use disorder services. A. An insurer shall provide coverage for all in-network mental health or substance use disorder services, consistent with generally recognized standards of care, including placing an insured into a medically necessary level of care. B. C…
NMSA 1978, § 13-7-37 Coordination of care
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An insurer may facilitate communication between mental health or substance use disorder services providers and the insured's designated primary care provider to ensure coordination of care to prevent any conflicts of care that could be harmful to the insured. History: Laws 2023, …
NMSA 1978, § 13-7-38 Confidentiality provisions
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An insurer shall protect the confidentiality of an insured receiving mental health or substance use disorder services. History: Laws 2023, ch. 114, § 9.
NMSA 1978, § 13-7-39 Exceptions
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The provisions of Sections 1 through 9 [13-7-30 to 13-7-38 NMSA 1978] of this 2023 act do not apply to short-term plans subject to the Short-Term Health Plan and Excepted Benefit Act [Chapter 59A, Article 23G NMSA 1978]. History: Laws 2023, ch. 114, § 10.
NMSA 1978, § 13-7-4 Mandatory consolidated purchasing
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A. The agencies shall enter into a cooperative consolidated purchasing effort to provide plans of health care benefits for the benefit of eligible participants of the respective agencies. The request for proposal shall set forth one or more plans of health care benefits and shall…
NMSA 1978, § 13-7-40 Biomarker testing insurer coverage
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A. Group health coverage, including self-insurance, offered, issued, amended, delivered or renewed under the Health Care Purchasing Act shall provide coverage for insureds to receive biomarker testing. B. Coverage provided pursuant to this section shall be for the purposes of dia…
NMSA 1978, § 13-7-41 Dental coverage; prior authorization
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A. For purposes of this section, "prior authorization" means a written communication indicating whether a specific service is covered or multiple services are covered and reimbursable at a specific amount, subject to applicable coinsurance and deductibles, and issued in response …
NMSA 1978, § 13-7-42 Dental coverage; designation of payment
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A. Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a dental plan shall provide for the direct payment of covered benefits to a provider, specified by the insured, regardless of the provider's networ…
NMSA 1978, § 13-7-43 Dental coverage; erroneously paid claims; restrictions on
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recovery. A. Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a dental plan shall establish policies and procedures for payment recovery, including providing: (1) notice to the provider that identifi…
NMSA 1978, § 13-7-44 Dental coverage; methods of payment
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A. For purposes of this section, "credit card payment" means a type of electronic funds transfer whereby: (1) an insurer issues a single-use series of numbers associated with the payment of services rendered by the provider and chargeable to a predetermined amount; and (2) the pr…
NMSA 1978, § 13-7-45 Dental coverage; provider network leasing
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A. For purposes of this section: (1) "contracting entity" means any person or entity that enters into direct contracts with a provider for the delivery of services in the ordinary course of business; (2) "provider" means a person acting within the scope of licensure to provide de…
NMSA 1978, § 13-7-46 Prosthetic devices; custom orthotic devices; complex
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rehabilitation technology devices; minimum coverage. A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for prosthetic devices, custom orthotic devices and complex rehabilitation t…
NMSA 1978, § 13-7-47 Calculating an enrollee's cost-sharing obligation for
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prescription drug coverage. A. When calculating an enrollee's cost-sharing obligation for covered prescription drugs, pursuant to group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act, the insurer shall credit…
NMSA 1978, § 13-7-5 Consolidated purchasing for other persons
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A. Counties, municipalities, state educational institutions and other political subdivisions that wish to use the consolidated purchasing single process for the procurement of health care benefits shall create or enter into an existing association, cooperative or other mutual all…
NMSA 1978, § 13-7-6 Use of social security numbers
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The publicly funded health care agencies, political subdivisions and other persons providing health care benefits through the consolidated purchasing single process, in compliance with state and federal law, shall not require the use of participants' social security numbers as he…
NMSA 1978, § 13-7-7 Consolidated administrative functions; benefit
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A. The publicly funded health care agencies, political subdivisions and other persons participating in the consolidated purchasing single process pursuant to the Health Care Purchasing Act may enter into a joint powers agreement pursuant to the Joint Powers Agreements Act [11-1-1…
NMSA 1978, § 13-7-8 Maximum age of dependent
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Any group health care coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act on or after July 1, 2003 that offers coverage of an insured's dependent shall not terminate coverage of an unmarried dependent by reason of the de…
NMSA 1978, § 13-7-9 General anesthesia and hospitalization for dental surgery
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A. Group health care coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for hospitalization and general anesthesia provided in a hospital or ambulatory surgical center for dental surgery for the f…
NMSA 1978, § 13-8-1 Public buildings; acknowledgment of taxpayers when
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elected officials acknowledged. On every new public building plaque that lists, acknowledges or thanks the elected officials who were in office at the time the building was funded, constructed or renovated, there shall be included a statement of equal size and visibility that tha…
NMSA 1978, § 13-9-1 Short title
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This act [13-9-1 to 13-9-6 NMSA 1978] may be cited as the "Immigrant Safety Act". History: Laws 2026, ch. 5, § 1.
NMSA 1978, § 13-9-2 Definition
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As used in the Immigrant Safety Act, "public body" means a state or local government, a sheriff's department, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or any branch of government that receives public funding, including poli…
NMSA 1978, § 13-9-3 Prohibiting public bodies from entering into agreements
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used to detain individuals for federal civil immigration violations and requiring public bodies to terminate any such existing agreements. A. A public body shall not enter into, extend, renew or otherwise agree to be a party to an agreement to detain individuals for federal civil…
NMSA 1978, § 13-9-4 Prohibiting public bodies from entering into agreements to
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deputize officers, employees or agents to perform functions of immigration officers. A. A public body shall not enter into, extend, renew or otherwise agree to be a party to an agreement to investigate, apprehend, detain or transport individuals pursuant to 8 U.S.C. Section 1357(…
NMSA 1978, § 13-9-5 Enforcement
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A. The attorney general or a district attorney may institute a civil action in district court if the attorney general or district attorney has reasonable cause to believe that a violation of the Immigrant Safety Act has occurred or to prevent a violation of that act from occurrin…
NMSA 1978, § 13-9-6 Severability
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If any part or application of the Immigrant Safety Act is held invalid, the remainder or its application to other situations or persons shall not be affected. History: Laws 2026, ch. 5, § 6.