FIFTY-FOURTH LEGISLATURE

FIRST SESSION, 2019

March 2, 2019

Mr. Speaker:

    Your STATE GOVERNMENT, ELECTIONS & INDIAN AFFAIRS COMMITTEE, to whom has been referred

HOUSE BILL 436, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, line 16, strike "A" and after "NEW", strike

"SECTION" and insert in lieu thereof "SECTIONS".

     2. On page 1, line 19, after "FUNDING", insert "AND TO EXCEPT

CERTAIN PLANS".

     3. On page 64, between lines 13 and 14, insert the following

new section:

     "SECTION 21. A new section of the New Mexico Insurance Code is

enacted to read:

"[NEW MATERIAL] EXCLUSION PROHIBITION NOT APPLICABLE TO

EXCEPTED BENEFIT PLANS OR POLICIES.--

          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 six 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 six 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."".

     4. Renumber the succeeding section accordingly.