Actions: [2] SHPAC/SFC-SHPAC [11] DNP-CS/DP-SFC [17] DP/a [19] PASSED/S (19-14) [17] HHHC-HHHC [18] DP [19] PASSED/H (46-17) SGND BY GOV (Apr. 8) Ch.115.
Scheduled: Not Scheduled
Senate Bill 120 (SB120) relates to health by modifying Sections of the Health Care Purchasing Act and the New Mexico Insurance Code to permanently eliminate behavioral health services cost sharing.Legislation Overview:
Senate Bill 120 (SB120) originally imposed a modification on cost sharing for behavioral health services up and until January 1, 2027. The current modification in SB120 removes this end date, permanently. This prohibition now applies to Section 13-7-26 NMSA 1978 (being Laws 2021, Chapter 136, Section 3) otherwise known as the Health Care Purchasing Act, which refers to group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act and to the New Mexico Insurance Code, Section 13-7-26 NMSA 1978 (being Laws 2021, Chapter 136, Section 3), which refers to an individual or group health insurance policy, health care plan or certificate of health insurance. Also, Section 59A-23-16 NMSA 1978 (being Laws 2021, Chapter 136, Section 7) which refers to a group or blanket health insurance policy, health care plan or certificate of health insurance. In addition, Section 59A-46-57 NMSA 1978 (being Laws 2021, Chapter 136, Section 8) which refers to an individual or group health maintenance organization contract. Also, an individual or group health care plan found in Section 59A-47-51 NMSA 1978 (being Laws 2021, Chapter 136, Section 9) The effective date of these modifications is January 1, 2026.Amendments:
Amended March 13, 2025 in SFC SFCa/SB120cs The Senate Finance Committee amended SB120cs to strike the reference to the heading term: “PERMANENTLY” to now read “ADD AN EXEMPTION FROM THE PROHIBITION ON COST SHARING FOR BREHAVIORAL HEALTH SERVICES FOR CERTAIN PLANS”. References to the terms “ emergency department visits, urgent care visits” are struck from SB120cs. The term “ in network” is added on sentences stating “…that offers coverage of behavioral health services shall not impose cost sharing on those behavioral health services in network.” This modification can be found in sentences found on Pages 2, line 24, page 5,line 13, page 7l, lineCommittee Substitute:
SHPACcs/SB120: The Senate Health and Public Health Committee Committee Substitute for SB120 made two modifications including additional forms of therapy in the definition of “behavioral health therapy” to include outpatient “therapy, emergency department visits, urgent care visits”. Also included in the Committee Substitute is a new paragraph that exempts certain types of insurance coverage to state: “The provisions of this section do not apply to excepted benefit plans as provided under the Short-Term Health Plan and Excepted Benefit Act, catastrophic plans as defined under 42 USCA Section 18022(e) or high-deductible health plans with health savings accounts until an enrollee's deductible has been met, unless otherwise permitted by federal law."