New Mexico Code § 59A-46-58

Anatomical gift nondiscrimination
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A. As used in this section, "organ transplant" includes parts or the whole of organs, eyes or tissue.
B. A health maintenance organization contract that provides coverage for organ transplants or associated care shall not:
(1) deny coverage for organ transplantation or associated care to an enrollee solely on the basis of the enrollee's physical or mental disability;
(2) deny to an enrollee with a physical or mental disability eligibility or continued eligibility to enroll or to renew enrollment under the terms of the health maintenance organization's benefit policy or plan solely for the purpose of avoiding the requirements of this section;
(3) penalize or otherwise reduce or limit the reimbursement or provide monetary or nonmonetary incentives to a health care provider to induce that health care provider not to provide an organ transplant or associated care to an enrollee with a disability; or
(4) reduce or limit benefits to an enrollee with a physical or mental disability for associated care related to organ transplantation as determined in consultation with the physician and patient.
History: Laws 2023, ch. 171, § 5.
Emergency clauses. — Laws 2023, ch. 171, § 7 contained an emergency clause and was approved April 5, 2023.

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