REQUESTING THE SUPERINTENDENT OF INSURANCE TO REVIEW THE INSURANCE INDUSTRY'S COMPLIANCE WITH REQUIREMENTS TO OFFER COVERAGE FOR PRESCRIPTION CONTRACEPTIVE DRUGS OR DEVICES.

WHEREAS, Sections 59A-22-42 and 59A-46-44 NMSA 1978 require health insurance providers that offer a prescription drug benefit to also offer coverage for prescription contraceptive drugs or devices; and

WHEREAS, the requirement to offer coverage for prescription contraceptive drugs or devices took effect June 15, 2001 and applies to policies issued, extended or renewed after July 1, 2001; and

WHEREAS, under the law, religious entities purchasing health insurance may elect to exclude coverage for prescription contraceptive drugs or devices from the health coverage purchased; and

WHEREAS, little or no information is available regarding compliance with this statutory requirement or the number of health insurance purchasers who have elected to exclude coverage for prescription contraceptive drugs or devices;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the superintendent of insurance be requested to survey providers of health insurance in New Mexico to ascertain the level of knowledge of and compliance with the requirement to offer coverage for prescription contraceptive drugs or devices, and to ascertain the number of religious entities that have elected to exclude that coverage from their policies; and

BE IT FURTHER RESOLVED that the superintendent of insurance be requested to report his findings and recommendations, if any, during the 2002 interim to an interim committee of the legislature that considers criminal and civil issues; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the superintendent of insurance.