HOUSE BILL 536
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Marianna Anaya
AN ACT
RELATING TO INSURANCE; PROHIBITING HEALTH INSURANCE BILLING INFORMATION FROM DISCLOSING PARTICULARLY SENSITIVE HEALTH CARE SERVICES THAT ARE PROVIDED TO PEOPLE COVERED BY THE INSURANCE.
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] SENSITIVE BILLING INFORMATION.--
A. Any billing information, explanation of benefits or summary of payments provided to a person enrolled in group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall not disclose any sensitive health care services received by a person covered by the group health coverage.
B. For the purposes of this section, "sensitive health care service" means any health care service that is of a particularly sensitive and personal nature, including:
(1) reproductive or sexual health care services;
(2) gender-affirming health care services;
(3) behavioral health care services; or
(4) health care services related to treating a victim of domestic violence."
SECTION 2. A new section of Chapter 59A, Article 22 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SENSITIVE BILLING INFORMATION.--
A. Any billing information, explanation of benefits or summary of payments provided to a person enrolled in an individual group health insurance policy, health care plan or certificate of health insurance that is delivered, issued or renewed in this state shall not disclose any sensitive health care services received by a person covered by the policy, plan or certificate.
B. For the purposes of this section, "sensitive health care service" means any health care service that is of a particularly sensitive and personal nature, including:
(1) reproductive or sexual health care services;
(2) gender-affirming health care services;
(3) behavioral health care services; or
(4) health care services related to treating a victim of domestic violence."
SECTION 3. A new section of Chapter 59A, Article 23 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SENSITIVE BILLING INFORMATION.--
A. Any billing information, explanation of benefits or summary of payments provided to a person enrolled in a group or blanket health insurance policy, health care plan or certificate of health insurance that is delivered, issued for delivery or renewed in this state shall not disclose any sensitive health care services received by a person covered by the policy, plan or certificate.
B. For the purposes of this section, "sensitive health care service" means any health care service that is of a particularly sensitive and personal nature, including:
(1) reproductive or sexual health care services;
(2) gender-affirming health care services;
(3) behavioral health care services; or
(4) health care services related to treating a victim of domestic violence."
SECTION 4. A new section of the Health Maintenance Organization Law is enacted to read:
"[NEW MATERIAL] SENSITIVE BILLING INFORMATION.--
A. Any billing information, explanation of benefits or summary of payments provided to a person enrolled in an individual or group health maintenance contract that is delivered, issued for delivery or renewed in this state shall not disclose any sensitive health care services received by a person covered by the health maintenance contract.
B. For the purposes of this section, "sensitive health care service" means any health care service that is of a particularly sensitive and personal nature, including:
(1) reproductive or sexual health care services;
(2) gender-affirming health care services;
(3) behavioral health care services; or
(4) health care services related to treating a victim of domestic violence."
SECTION 5. A new section of the Nonprofit Health Care Plan Law is enacted to read:
"[NEW MATERIAL] SENSITIVE BILLING INFORMATION.--
A. Any billing information, explanation of benefits or summary of payments provided to a person enrolled in an individual or group health care plan that is delivered, issued or renewed in this state shall not disclose any sensitive health care services received by a person covered by the policy, plan or certificate.
B. For the purposes of this section, "sensitive health care service" means any health care service that is of a particularly sensitive and personal nature, including:
(1) reproductive or sexual health care services;
(2) gender-affirming health care services;
(3) behavioral health care services; or
(4) health care services related to treating a victim of domestic violence."
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