Bill > HB38

This bill mandates that insurance plans, including those under the Health Care Purchasing Act and the New Mexico Insurance Code, must cover wheelchairs and "activity chairs" (devices designed for mobility-impaired individuals to participate in physical activities with enhanced speed, safety, stability, maneuverability, and balance compared to standard wheelchairs) for individuals with documented permanent physical conditions that significantly limit their ability to ambulate, stand, perform functional mobility, or engage in physical activity necessary for overall health. The coverage must be medically necessary, equivalent to Medicare coverage, and no less favorable than other medical and surgical benefits offered by the plan, without discriminatory spending limits or lifetime restrictions. Denying coverage for these items under certain circumstances is considered an unfair and deceptive practice. The bill also specifies requirements for the most appropriate device, necessary services and supplies for effective use, repair and replacement policies, provider network access, and nondiscrimination based on disability, with these provisions applying to policies and plans issued or renewed on or after January 1, 2027.

Budget and Finance, Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=38&year=26