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Topic Summary
New Mexico State Statute:
opens new window New Mexico: NMSA §§59A-23C-5.1
and 59A-56-14
Health Insurance Nondiscrimination A health benefit plan that is offered by a carrier or an approved health plan offered to a small employer and plans subject to the Health Insurance Portability Act may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A group health plan and a health insurance issuer offering group health insurance coverage may not establish rules for eligibility or continued eligibility based a health status-related factor, including genetic information. Under the Small Group Rate and Renewability Act, provisions allowing a carrier to use health status in establishing the amount an employer may be charged for coverage under a group health plan exclude genetic information from the definition of health status.

Last Reviewed: May 25, 2018