HOUSE BILL 271

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Rod Montoya and Jenifer Jones

 

 

 

 

 

AN ACT

RELATING TO HEALTH CARE; DISTINGUISHING HEALTH CARE SHARING MINISTRIES FROM INSURERS AS DEFINED BY THE NEW MEXICO INSURANCE CODE.

 

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

     SECTION 1. A new section of the New Mexico Insurance Code is enacted to read:

     "[NEW MATERIAL] HEALTH CARE SHARING MINISTRY.--

          A. For purposes of this section, "health care sharing ministry" means a faith-based, nonprofit organization that is tax-exempt under the federal Internal Revenue Code of 1986 and that:

                (1) limits its participants to those who are of a similar faith;

                (2) meets the requirements of 26 USCA 5000A(d)(2)(B)(i) and (ii)(I) through (V); and

                (3) provides for the financial and medical needs of a participant through the coordination of contributions from other participants.

          B. A health care sharing ministry shall:

                (1) suggest dollar amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health care sharing ministry to the participants;

                (2) provide a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the health care sharing ministry and the amount actually published or assigned to participants for their contribution; and

                (3) provide a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the ministry that reads, in substance:

     "Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and the health care sharing ministry's guidelines and plan of operation are not an insurance policy. Whether anyone chooses to assist you with your medical bills will be completely voluntary because participants are not compelled by law to contribute toward your medical bills. Therefore, participation in the ministry or a subscription to any of its documents should not be considered to be insurance. Regardless of whether you receive any payment for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills.".

          C. A health care sharing ministry shall not be considered an insurer as defined by the Insurance Code."

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