0001|                               AN ACT
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0002| RELATING TO INSURANCE; ENACTING A NEW SECTION OF THE NEW MEXICO
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0003| INSURANCE CODE TO PROHIBIT DISCRIMINATION IN CHOICE OF PRIMARY CARE
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0004| PROVIDER.
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0005| 
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007|      Section 1.  A new section of the New Mexico Insurance Code, Section 59A-18-32
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0008| NMSA 1978, is enacted to read:
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0009|      "59A-18-32.  CHOICE OF PRIMARY CARE PROVIDER--DISCRIMINATION
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0010| PROHIBITED.--
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0011|           A.  If a policy allows a person to see a licensed physician for diagnosis and
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0012| treatment of a covered condition or complaint, that person shall not be discriminated against by
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0013| being prohibited from having the freedom to choose a physician from any other class of primary
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0014| care providers for diagnosis and treatment of that covered condition or complaint regardless of
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0015| the nomenclature used to describe the condition, complaint, treatment or service, if the diagnosis
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0016| and treatment of the condition or complaint falls within the legal scope of practice of that
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0017| primary care provider.  Nothing in this section shall restrict or prohibit the policy issuer from
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0018| having the freedom to choose the application of deductibles, co-insurance or co-payments,
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0019| preferred provider requirements, cost containment measures or quality assurance measures if
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0020| such measures are applied equally to all classes of primary care providers.  Freedom of choice
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0021| and provider discrimination prohibition laws applicable to workers' compensation, health
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0022| maintenance organizations, medicaid and nonprofit health care plans are not modified or
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0023| amended by this section, and this section shall not apply to medicaid, the Workers'
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0024| Compensation Act, the Health Maintenance Organization Law or the Nonprofit Health Care Plan
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0025| Law.
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0001|           B.  As used in this section, a "primary care provider" means any physician
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0002|                                                               or certified nurse practitioner licensed under Chapter 61, Article 3, 4, 6, 10 or 14A NMSA
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0003|                                                               1978 authorizing the licensee to offer or undertake to diagnose, prevent, treat, operate on
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0004|                                                               or prescribe for any human pain, injury, disease, deformity, physical or mental condition." 
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0005|                                                                                                                  
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0006|                                                               
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