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.
ANNOTATIONSEffective dates. — Laws 2019, ch. 259 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.