SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 132

56th legislature - STATE OF NEW MEXICO - first session, 2023

 

 

 

 

 

 

 

AN ACT

RELATING TO HEALTH CARE; ENACTING SECTIONS OF THE HEALTH CARE PURCHASING ACT, THE NEW MEXICO INSURANCE CODE, THE HEALTH MAINTENANCE ORGANIZATION LAW AND THE NONPROFIT HEALTH CARE PLAN LAW TO ELIMINATE COST-SHARING REQUIREMENTS FOR PREVENTIVE CARE AND TREATMENT OF SEXUALLY TRANSMITTED INFECTION; PROVIDING THAT AGE DOES NOT IMPACT ABILITY TO CONSENT TO PREVENTIVE CARE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Health Care Purchasing Act is enacted to read:

     "[NEW MATERIAL] SEXUALLY TRANSMITTED INFECTION CARE--COST SHARING 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 insureds.

          B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured.

          C. For the purposes of this section:

                (1) "cost sharing" means policy deductibles, copayments or coinsurance;

                (2) "preventive care" means screening, testing, examination or counseling and the administration, dispensing or prescribing of drugs, devices or supplies incidental to the prevention of a sexually transmitted infection;

                (3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and

                (4) "treatment" means medically necessary care as determined by a health care provider for the management of an existing sexually transmitted infection."

     SECTION 2. A new section of Chapter 59A, Article 22 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SEXUALLY TRANSMITTED INFECTION CARE--COST

SHARING ELIMINATED.--

          A. An individual or group health insurance policy,

health care plan or certificate of health insurance that is

delivered, issued for delivery or renewed in this state that

offers coverage for preventive care or treatment of sexually

transmitted infections shall not impose cost sharing on insureds.

          B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be

conditioned upon the gender identity of the insured.

          C. For the purposes of this section:

                (1) "cost sharing" means policy deductibles, copayments or coinsurance;

                (2) "preventive care" means screening,

testing, examination or counseling and the administration,

dispensing or prescribing of preventive drugs, devices or supplies incidental to the prevention of a sexually transmitted infection;

                (3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and

                (4) "treatment" means medically necessary care

as determined by a health care provider for the management of

an existing sexually transmitted infection."

     SECTION 3. A new section of Chapter 59A, Article 23 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SEXUALLY TRANSMITTED INFECTION CARE--COST SHARING ELIMINATED.--

          A. A blanket or group health insurance policy,

health care plan or certificate of health insurance that is

delivered, issued for delivery or renewed in this state that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on eligible insureds.

          B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured.

          C. For the purposes of this section:

                (1) "cost sharing" means policy deductibles, copayments or coinsurance;

                (2) "preventive care" means screening, testing, examination or counseling and the administration, dispensing or prescribing of preventive drugs, devices or supplies incidental to the prevention of a sexually transmitted infection;

                (3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and

                (4) "treatment" means medically necessary care as determined by a health care provider for the management of an existing sexually transmitted infection."

     SECTION 4. A new section of the Health Maintenance Organization Law is enacted to read:

     "[NEW MATERIAL] SEXUALLY TRANSMITTED INFECTION CARE--COST SHARING ELIMINATED.--

          A. An individual or group health maintenance organization contract that is delivered, issued for delivery or renewed in this state that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on eligible enrollees.

          B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured.

          C. For the purposes of this section:

                (1) "cost sharing" means policy deductibles, copayments or coinsurance;

                (2) "preventive care" means screening, testing, examination or counseling and the administration, dispensing or prescribing of preventive drugs, devices or supplies incidental to the prevention of a sexually transmitted infection;

                (3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and

                (4) "treatment" means medically necessary care as determined by a health care provider for the management of an existing sexually transmitted infection."

     SECTION 5. A new section of the Nonprofit Health Care

Plan Law is enacted to read:

     "[NEW MATERIAL] SEXUALLY TRANSMITTED INFECTION CARE--COST SHARING ELIMINATED.--

          A. An individual or group health care plan that is

delivered, issued for delivery or renewed in this state that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on eligible subscribers.

          B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured.

          C. For the purposes of this section:

                (1) "cost sharing" means policy deductibles, copayments or coinsurance;

                (2) "preventive care" means screening, testing, examination or counseling and the administration, dispensing or prescribing of preventive drugs, devices or supplies incidental to the prevention of a sexually transmitted infection;

                (3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and

                (4) "treatment" means medically necessary care as determined by a health care provider for the management of an existing sexually transmitted infection."

     SECTION 6. Section 24-1-9 NMSA 1978 (being Laws 1973, Chapter 359, Section 9, as amended) is amended to read:

     "24-1-9. CAPACITY TO CONSENT TO EXAMINATION, PREVENTIVE CARE AND TREATMENT FOR A SEXUALLY TRANSMITTED INFECTION.--Any person regardless of age has the capacity to consent to an examination, preventive care and treatment by a licensed health care provider for any sexually transmitted infection."

     SECTION 7. APPLICABILITY.--The provisions of this act

apply to health insurance policies, health care plans,

certificates of health insurance or health maintenance

organization contracts that are delivered, issued for delivery

or renewed in this state on or after January 1, 2024.

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