SENATE BILL 439

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO HEALTH INSURANCE; REQUIRING INSURERS TO OFFER HEALTH CARE COVERAGE FOR CERTAIN DOMESTIC PARTNERS.

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

     Section 1. A new section of Chapter 59A, Article 22 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] COVERAGE OF DOMESTIC PARTNERS.--

          A. An insurer that provides group health insurance pursuant to Chapter 59A, Article 22 NMSA 1978 shall make available, upon an employer's request prior to issuance, delivery or renewal, coverage for domestic partners of employees who work or are expected to work an average of at least twenty hours per week over a six-month period. Nothing in this section shall be construed to require an employer to offer or provide coverage for domestic partners of employees who work or are expected to work an average of at least twenty hours per week over a six-month period.

          B. As used in this section, "domestic partners" means unmarried partners over eighteen years of age who:

                (1) are in a mutually exclusive, committed relationship;

                (2) have shared a primary residence for twelve or more consecutive months;

                (3) are jointly responsible for the common welfare of each other; and

                (4) share financial obligations."

     Section 2. A new section of Chapter 59A, Article 23 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] COVERAGE OF DOMESTIC PARTNERS.--

          A. An insurer that provides group health insurance pursuant to Chapter 59A, Article 23 NMSA 1978 shall make available, upon an employer's request prior to issuance, delivery or renewal, coverage for domestic partners of employees who work or are expected to work an average of at least twenty hours per week over a six-month period. Nothing in this section shall be construed to require an employer to offer or provide coverage for domestic partners of employees who work or are expected to work an average of at least twenty hours per week over a six-month period.

          B. As used in this section, "domestic partners" means unmarried partners over eighteen years of age who:

                (1) are in a mutually exclusive, committed relationship;

                (2) have shared a primary residence for twelve or more consecutive months;

                (3) are jointly responsible for the common welfare of each other; and

                (4) share financial obligations."

     Section 3. A new section of the Health Maintenance Organization Law is enacted to read:

     "[NEW MATERIAL] COVERAGE OF DOMESTIC PARTNERS.--

          A. A health maintenance organization that provides coverage for health care services pursuant to the Health Maintenance Organization Law shall make available, upon an employer's request prior to issuance, delivery or renewal, coverage for domestic partners of employees who work or are expected to work an average of at least twenty hours per week over a six-month period. Nothing in this section shall be construed to require an employer to offer or provide coverage for domestic partners of employees who work or are expected to work an average of at least twenty hours per week over a six-month period.

          B. As used in this section, "domestic partners" means unmarried partners over eighteen years of age who:

                (1) are in a mutually exclusive, committed relationship;

                (2) have shared a primary residence for twelve or more consecutive months;

                (3) are jointly responsible for the common welfare of each other; and

                (4) share financial obligations."

     Section 4. A new section of the Nonprofit Health Care Plan Law is enacted to read:

     "[NEW MATERIAL] COVERAGE OF DOMESTIC PARTNERS.--

          A. A health care plan that provides coverage for health care pursuant to the Nonprofit Health Care Plan Law shall make available, upon an employer's request prior to issuance, delivery or renewal, coverage for domestic partners of employees who work or are expected to work an average of at least twenty hours per week over a six-month period. Nothing in this section shall be construed to require an employer to offer or provide coverage for domestic partners of employees who work or are expected to work an average of at least twenty hours per week over a six-month period.

          B. As used in this section, "domestic partners" means unmarried partners over eighteen years of age who:

                (1) are in a mutually exclusive, committed relationship;

                (2) have shared a primary residence for twelve or more consecutive months;

                (3) are jointly responsible for the common welfare of each other; and

                (4) share financial obligations."

     Section 5. APPLICABILITY.--The provisions of this act apply to policies, plans, contracts and certificates delivered or issued for delivery or renewed, extended or amended in this state on or after July 1, 2009.

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