2017 New Mexico Statutes
Chapter 59A - Insurance Code
Article 23E - Health Insurance Portability
Section 59A-23E-3 - Group health plan; group health insurance; limitation on preexisting condition exclusion period; crediting for periods of previous coverage.

Universal Citation: NM Stat § 59A-23E-3 (2017)

59A-23E-3. Group health plan; group health insurance; limitation on preexisting condition exclusion period; crediting for periods of previous coverage.

Except as provided in Section 59A-23E-4 NMSA 1978, a group health plan and a health insurance issuer offering group health insurance coverage may, with respect to a participant or beneficiary, impose a preexisting condition exclusion only if:

A. the exclusion relates to a condition, physical or mental, regardless of the cause of the condition, for which medical advice, diagnosis, care or treatment was recommended or received within the six-month period ending on the enrollment date;

B. the exclusion extends for a period of not more than six months, or eighteen months in the case of a late enrollee, after the enrollment date; and

C. the period of the exclusion is reduced by the aggregate of the periods of creditable coverage applicable to the participant or beneficiary as of the enrollment date.

History: Laws 1997, ch. 243, 3; 1998, ch. 41, 7.

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