Legislation Detail
S 132 STI PREVENTION & TREATMENT
Actions: [2] SHPAC/STBTC-SHPAC [7] DNP-CS/DP-STBTC [9] DNP-CS/DP [10] fl/a- PASSED/S (26-13) [12] HHHC/HCPAC-HHHC [15] DP-HCPAC- DP [18] PASSED/H (42-23)
Scheduled: Not Scheduled
Senate Bill 132 (SB 132) enacts sections of the Health Care Purchasing Act (HCPA), the New Mexico Insurance Code (NMIC), the Health Maintenance Organization Law (HMOL) and the Nonprofit Health Care Plan Law (NHCPL) to eliminate cost-sharing requirements for preventive care and treatment of sexually transmitted infection. SB 132 is identical to SB 166.Legislation Overview:
New sections of the HCPA, NMIC, HMDL and NHCPL are enacted to eliminate cost-sharing requirements of health insurers for preventive care and treatment of sexually transmitted infection, when such coverage is offered. Also, such care or treatment shall not be conditioned on the gender identity of the insured. Also, Section 24-1-9 of Health and Safety is modified to specify that age does not impact the ability to consent to preventive care for a sexually transmitted infection.Current Law:
Currently, insurance providers have no prohibition related to cost-sharing requirements for preventive care and treatment of sexually transmitted infection. Further, law related to health and safety does not specify that age does not impact the ability to consent to preventive care for sexually transmitted infection. If the Bill does not pass, cost-sharing requirements will remain allowable, and age may remain a factor regarding consent to preventive care for sexually transmitted infection.Amendments:
Amended February 24, 2023 in Senate Floor FLa-1/SB 132: The Senate Floor amendment to the Senate Tax, Business and Transportation Committee substitute for SB 132 makes the following changes: • On page 2, line 6, after "C.", strike the remainder of line 6, strike line 7 in its entirety, strike "for" on line 8 and insert in lieu thereof "The provisions of Subsection A of this section do not apply to". • On page 2, line 9, strike "a covered person's" and insert in lieu thereof "an eligible insured's". • On page 2, line 10, strike "such coverage is permitted under" and insert in lieu thereof "otherwise allowed pursuant to". • On page 3, line 16, after "C.", strike the remainder of line 16, strike 17 in its entirety, strike "for" on line 18 and insert in lieu thereof "The provisions of Subsection A of this section do not apply to". • On page 3, line 19, strike "a covered person's" and insert in lieu thereof "an eligible insured's". • On page 3, line 20, strike "such coverage is permitted under" and insert in lieu thereof "otherwise allowed pursuant to". • On page 5, line 1, after "C.", strike the remainder of line 1, strike line 2 in its entirety, strike "for" on line 3 and insert in lieu thereof "The provisions of Subsection A of this section do not apply to". • On page 5, line 4, strike "a covered person's" and insert in lieu thereof "an eligible insured's". • On page 5, line 5, strike "such coverage is permitted under" and insert in lieu thereof "otherwise allowed pursuant to". 10. On page 6, line • 10, after "C.", strike the remainder of line 10, strike line 11 in its entirety, strike "for" on line 12 and insert in lieu thereof "The provisions of Subsection A of this section do not apply to". • On page 6, line 13, strike "a covered person's" and insert in lieu thereof "an eligible enrollee's". • On page 6, line 14, strike "such coverage is permitted under" and insert in lieu thereof "otherwise allowed pursuant to". • On page 7, line 19, after "C.", strike the remainder of line 19, strike line 20 in its entirety, strike "for" on line 21 and insert in lieu thereof "The provisions of Subsection A of this section do not apply to". • On page 7, line 22, strike "a covered person's" and insert in lieu thereof "an eligible subscriber's". • On page 7, line 23, strike "such coverage is permitted under" and insert in lieu thereof "otherwise allowed pursuant to".Committee Substitute:
Committee Substitute February 3, 2023 in SHPAC SHPACcs / SB 132: The Senate Health and Public Affairs Committee Substitute for SB 132 incorporates the definitions of “cost sharing”, “sexually transmitted infection”, “treatment” and “preventative care” into Section 1-A of the Health Care Purchasing Act; Section 2 of the bill presents a new section of Chapter 59A, Article 22 NMSA 1978, covering definitions and the prohibition from denying assistance to anyone based on gender identity; in Section 3 of the bill, the new section of Chapter 59A Article 23 NMSA previously referenced has stylistic changes and incorporates additional definitions; in Section 4 of the bill, stylistic changes are incorporated and additional definitions are included; a new Section 5 is added to the bill, focusing on the elimination of cost-sharing, and includes definitions; the previous Section 5 becomes Section 6, still covering capacity to consent; and the previous Section 6 becomes Section 7, discussing applicability. Committee Substitute February 21, 2023 STBTCcs-2/SB 132: The Tax, Business and Transportation Committee substitute for the Senate Health and Public Affairs Committee substitute for SB 132 makes the following changes: • Various sections are modified to include the following caveat: Coverage for treatment of sexually-transmitted infections (pursuant to these sections) shall be excluded for high-deductible health care plans with health savings accounts until a person’s deductible has been met, unless such coverage is permitted under federal law. • Subsequent sections are renumbered.Relates To:
SB 166, Sexually transmitted infection SJR 2, Children’s bill of rights HB 51 Prescription drug affordability act SB 51, Cost-sharing for prescriptions