reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4D - Public Works Apprenticeship and Training › Section 13-4D-4 - Administration.

A. The Public Works Apprentice and Training Act shall be administered by the public works bureau of the labor and industrial division of the labor department. The bureau shall collect employers' contributions in accordance with this act, review employers' compliance statements, review certified payroll reports to verify training contributions, investigate allegations of and impose penalties for employer noncompliance and disburse funds as provided in Section 5 [13-4D-5 NMSA 1978] of the Public Works Apprentice and Training Act.
B. Public works construction projects, except for street, highway, bridge, road, utility or maintenance contracts with employers who elect not to participate in training, shall not be constructed unless an employer agrees to make contributions to approved apprentice and training programs in New Mexico in which the employer is a participant or to the public works apprentice and training fund administered by the public works bureau of the labor and industrial division of the labor department. Contributions shall be made in the same manner and in the same amount as apprentice and training contributions required pursuant to wage rate determinations made by the director.
C. The director shall adopt rules and regulations necessary to implement the provisions of the Public Works Apprentice and Training Act.
History:
Laws 1992, ch. 74, § 4.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4D - Public Works Apprenticeship and Training › Section 13-4D-5 - Fund created; disbursement of funds.

There is created the "public works apprentice and training fund" in the labor and industrial division of the labor department. Contributions into the fund shall be as provided under the provisions of Section 13-4D-4 NMSA 1978. Funds contributed under the provisions of the Public Works Apprentice and Training Act shall be distributed in the following manner:
A. no more than fifteen percent of the funds may be used by the public works bureau of the labor and industrial division of the labor department to hire staff to administer the funds collected by the division; and
B. the remainder of the funds shall be used for approved apprentice and training programs in New Mexico. The labor and industrial division of the labor department shall develop an annual budget and, subject to appropriation by the legislature in the general appropriation act, shall disburse funds to approved apprentice and training programs in New Mexico, taking into account participant contact hours of classroom instruction and on-the-job training for the preceding year, to be not less than ninety percent of one hundred forty-four contact hours of classroom instruction per participant per school year and not less than one thousand hours of on-the-job training per twelve-month period. Notwithstanding any language in the general appropriation act that otherwise limits budget adjustments, if the fund balance available for disbursement to approved programs exceeds the amount appropriated, pursuant to Sections 6-3-23 through 6-3-25 NMSA 1978, the labor department may request budget increases up to the excess fund balance for distribution to the programs.
History:
Laws 1992, ch. 74, § 5; 2005, ch. 95, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided in Subsection B that disbursement of funds is subject to appropriation by the legislature in the general appropriation act and that notwithstanding the general appropriation act that limits budget adjustment, if the fund balance available for disbursement exceeds the amount appropriated the labor department may request budget increases up to the excess fund balance for distribution.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4D - Public Works Apprenticeship and Training › Section 13-4D-6 - Notice to employers; publication of programs.

A. An employer's contribution requirement under the provisions of the Public Works Apprentice and Training Act shall be included with all minimum wage determinations issued by the labor and industrial division of the labor department on all public works construction projects. The director shall also provide the contribution rate for approved apprentice and training programs, and that information shall be part of the public works construction projects.
B. The labor and industrial division of the labor department shall publish a list of approved apprentice and training programs in New Mexico.
History:
Laws 1992, ch. 74, § 6.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4D - Public Works Apprenticeship and Training › Section 13-4D-7 - Noncompliance; penalties.

An employer who willfully and knowingly fails to comply with the requirements of the Public Works Apprentice and Training Act shall be subject to the following penalties:
A. a noncomplying employer shall pay a civil penalty of ten dollars ($10.00) for every calendar day of noncompliance, and the penalty shall be imposed and collected for deposit into the public works apprentice and training fund by the public works bureau of the labor and industrial division of the labor department;
B. a noncomplying employer shall have the unpaid contributions, as required under the provisions of the Public Works Apprentice and Training Act, withheld as provided in Subsections A and B of Section 13-4-14 NMSA 1978; and
C. a noncomplying employer shall not be permitted to bid on any public works contracts as provided in Subsections A and B of Section 13-4-14 NMSA 1978.
History:
Laws 1992, ch. 74, § 7.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 4D - Public Works Apprenticeship and Training › Section 13-4D-8 - Appeals.

An alleged noncomplying employer may appeal any of the penalties imposed upon him under the provisions of Section 7 of the Public Works Apprentice and Training Act by seeking an appeal as provided under the provisions of Section 13-4-15 NMSA 1978.
History:
Laws 1992, ch. 74, § 8.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 5 - Insurance on Public Buildings › Section 13-5-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 166, § 17, repealed 6-1-4.1, 1953 Comp. (13-5-2 NMSA 1978), relating to insurance and reserves for losses as to public property of institutions of higher education, effective March 31, 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 5 - Insurance on Public Buildings › Section 13-5-3 - Public property; local public bodies; insurance; reserves for losses.

A. Local public bodies shall purchase insurance for public buildings under their control against loss or damage by fire, windstorm, hail, smoke, explosion, riot or civil commotion in an amount not less than eighty percent of the replacement cost or actual cash value of the building.
B. Local public bodies may purchase insurance, establish reserves or provide a combination of insurance and reserves to:
(1) repair or replace their buildings if damaged by any peril other than a peril set forth in Subsection A of this section;
(2) repair or replace any personal property which is destroyed or damaged by any peril; or
(3) replace any personal property which is stolen.
C. Any insurance purchased pursuant to Subsections A and B of this section may be purchased with such deductible provisions as may be deemed desirable.
D. For purposes of this section, "local public body" means all political subdivisions of the state and their agencies, instrumentalities and institutions.
History:
1953 Comp., § 6-1-4.2, enacted by Laws 1977, ch. 385, § 13.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 5 - Insurance on Public Buildings › Section 13-5-3.1 - Public buildings; compliance with the national flood insurance program.

A. The homeland security and emergency management department, as the state coordinating agency for the national flood insurance program, is designated as the state agency responsible for compliance oversight of that program and shall adopt rules to implement standards for meeting federal floodplain management regulations as set forth in 44 C.F.R. Sections 60.3 through 60.5.
B. The construction industries division of the regulation and licensing department is the state agency designated to review, permit and enforce floodplain management rules for all buildings that are owned or funded, in whole or in part, by the state.
C. Development that is owned or funded, in whole or in part, by the state shall obtain:
(1) floodplain review by a certified floodplain management professional prior to the start of development; and
(2) required permits prior to the start of development.
D. Development that is owned or funded, in whole or in part, by the state shall comply with the most stringent criteria of locally adopted community floodplain management regulations and floodplain management rules adopted by the homeland security and emergency management department.
E. As used in this section, "development" has the meaning set forth in 44 C.F.R. Section 59.1.
History:
Laws 2003, ch. 310, § 2; 2021, ch. 97, § 1.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2022, provided for state compliance with the national flood insurance program; deleted the former first paragraph, "A building that receives state appropriations for its construction or that is repaired or improved with state appropriations in an amount greater than fifty percent of the building's value before the repair or improvement shall comply with standards of the national flood insurance program and Section 3-18-7 NMSA 1978."; and added Subsections A through E.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 6 - Sale of Public Property › Section 13-6-2.1 - Sales, trades or leases; state board of finance approval.

A. Except as provided in Section 13-6-3 NMSA 1978, for state agencies, any sale, trade or lease for a period of more than five years of real property belonging to a state agency, local public body or school district or any sale, trade or lease of such real property for a consideration of more than twenty-five thousand dollars ($25,000) shall not be valid unless it is approved prior to its effective date by the state board of finance.
B. The provisions of this section shall not be applicable to:
(1) those institutions specifically enumerated in Article 12, Section 11 of the constitution of New Mexico;
(2) the state land office;
(3) the state transportation commission;
(4) the economic development department when disposing of property acquired pursuant to the Statewide Economic Development Finance Act [6-25-1 NMSA 1978]; or
(5) a school district when leasing facilities to a locally chartered or state-chartered charter school.
History:
1978 Comp., § 13-6-2.1, enacted by Laws 1989, ch. 380, § 1; 2001, ch. 122, § 1; 2003, ch. 142, § 3; 2003, ch. 349, § 22; 2011, ch. 69, § 1.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, exempted school districts that lease facilities to locally chartered or state-chartered charter schools.
The 2003 amendment,
effective June 20, 2003, in Subsection B, updated the reference to the state transportation commission and added "or the economic development department when disposing of property acquired pursuant to the Statewide Economic Development Finance Act".
The 2001 amendment,
effective June 15, 2001, inserted "Sales, trades or" in the section heading; in Subsection A, inserted "Except as provided in Section 13-6-3 NMSA 1978, for state agencies", deleted "but less than twenty-five years in duration" following "five years", deleted "or state educational institution" following "school district", and deleted "but less than one hundred thousand dollars" preceding "shall not be valid".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 6 - Sale of Public Property › Section 13-6-4 - Definitions.

As used in Chapter 13, Article 6 NMSA 1978:
A. "local public body" means all political subdivisions, except municipalities and school districts, of the state and their agencies, instrumentalities and institutions;
B. "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions other than state educational institutions;
C. "state educational institutions" means those institutions designated by Article 12, Section 11 of the constitution of New Mexico; and
D. "school districts" means those political subdivisions of the state established for the administration of public schools, segregated geographically for taxation and bonding purposes and governed by the Public School Code [Chapter 22 NMSA 1978].
History:
1978 Comp., § 13-6-4, enacted by Laws 1979, ch. 195, § 5; 1987, ch. 15, § 4; 2001, ch. 317, § 3.
ANNOTATIONS
Cross references.
— For definition of "municipality,"
see
3-1-2 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, substituted "Chapter 13, Article 6" for "Sections 13-6-1 through 13-6-4".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 6 - Sale of Public Property › Section 13-6-5 - Sale of real property by state agencies; land grant right of first refusal.

A. Notwithstanding the provisions of Section 13-6-2 or 67-3-8.2 NMSA 1978, a state agency shall give the board of trustees of a community land grant governed pursuant to the provisions of Chapter 49, Article 1 NMSA 1978 or by statutes specific to the named land grant the right of first refusal when selling real property belonging to the state agency if the property is land that is located within the boundaries of that community land grant as shown in the United States patent to the grant.
B. If the board of trustees of the community land grant elects not to purchase the land offered for sale or does not respond to the notice of sale within forty-five days of receipt of the notice, the state agency may otherwise dispose of the property in accordance with applicable law.
C. The provisions of this section do not apply to lands held in trust pursuant to the Enabling Act and for which that act prescribes how that land may be disposed of.
D. The provisions of this section do not apply to the conveyance or transfer of state highways to local government entities.
History:
Laws 2005, ch. 251 , § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 251 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 6 - Sale of Public Property › Section 13-6-6 - Surplus property bureau created; duties; powers.

A. The "surplus property bureau" is created in the transportation services division of the general services department. The surplus property bureau is designated as the New Mexico agency responsible for distribution of federal surplus personal property, excepting food commodities, in accordance with subdivision (j) of Section 203 of the Federal Property and Administrative Services Act of 1949. The surplus property bureau is also designated as the agency for distribution or disposal of state surplus property.
B. The surplus property bureau shall:
(1) develop a detailed state plan of operation for the management and administration of surplus property acquired from the federal government that complies with the Federal Property and Administrative Services Act of 1949 and regulations promulgated in accordance with that act;
(2) cooperate with the federal government and its agencies in securing the expeditious and equitable distribution of federal surplus personal property, excepting food commodities, to eligible institutions in New Mexico, and assist those institutions in securing that property;
(3) dispose of unusable federal surplus property in accordance with subdivision (j) of Section 203 of the Federal Property and Administrative Services Act of 1949; and
(4) manage a program to recycle, donate, sell or dispose of state surplus tangible personal property.
C. The surplus property bureau may:
(1) enter into agreements with the federal government or its agencies for the purchase, lease, receipt as a loan or gift or any other means of acquisition of any real or personal property without regard to provisions of state law that require:
(a) the posting of notices or public advertising for bids;
(b) the inviting or receiving of competitive bids; or
(c) the delivery of purchases before payment;
(2) enter into cooperative agreements for the sale, transfer or disposal of federal surplus property that has not been distributed;
(3) enter into contracts with other state agencies for the purpose of acquiring or disposing of any tangible personal property originally purchased with state money as specified by rule of the transportation services division of the general services department; and
(4) designate the representative of a user to enter a bid at a sale of real or personal property owned by the United States government or any agency or department thereof and authorize that person to make payment required in connection with the bidding.
History:
Laws 2007, ch. 57, § 1.
ANNOTATIONS
Cross references.
— For the transportation services division,
see
9-17-3 NMSA 1978.
Effective dates.
— Laws 2007, ch. 57, § 8 made the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 6 - Sale of Public Property › Section 13-6-7 - Surplus property fund; created; expenditures.

A. The "surplus property fund" is created as a nonreverting fund in the state treasury. The fund consists of money received from the sale of surplus property by the surplus property bureau of the transportation services division of the general services department. The surplus property bureau shall administer the fund, and money in the fund is subject to appropriation by the legislature to carry out activities relating to the acquisition, transfer and sale of surplus government property. Money in the fund shall be disbursed on vouchers approved and warrants signed by the director of the transportation services division of the general services department or the director's authorized representative.
B. Money in the surplus property fund attributable to the sale of federal property shall be held and accounted for separately from money attributable to the purchase or sale of state property.
History:
Laws 2007, ch. 57, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 57, § 8 made the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 6 - Sale of Public Property › Section 13-6-8 - Disposition of state property.

The surplus property bureau of the transportation services division of the general services department may dispose of tangible personal property, except property acquired from the United States government, by advertising the availability of the property as follows:
A. for the first forty-five-day period, to any agency that has entered into an agreement with the bureau;
B. for the second forty-five-day period, to any agency or tax-exempt entity that has filed its written certificate of tax exemption with the bureau;
C. for the third forty-five-day period, to any agency or tax-exempt entity or to the public through a storefront operation on days and at times specified by rule of the bureau; and
D. after the third forty-five-day period, by auction or any other means of disposal in compliance with environmental standards for disposal of tangible personal property.
History:
Laws 2007, ch. 57, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 57, § 8 made the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-1 - Short title.

Chapter 13, Article 7 NMSA 1978 may be cited as the "Health Care Purchasing Act".
History:
Laws 1997, ch. 74, § 1; 2003, ch. 391, § 1.
ANNOTATIONS
Compiler's notes.
— The Health Care Purchasing Act was enacted by Laws 1997, ch. 74, §§ 1 to 4 and codified as 13-7-1 to 13-7-4 NMSA 1978. Laws 2001, ch. 351, §§ 1 to 3 added three new sections to the Health Care Purchasing Act, which were codified as 13-7-5 to 13-7-7 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, substituted "Chapter 13, Article 7 NMSA 1978" for "Sections 1 through 4 of this act".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-2 - Purpose of act.

The purpose of the Health Care Purchasing Act is to ensure public employees, public school employees and retirees of public employment and the public schools access to more affordable and enhanced quality of health insurance through cost containment and savings effected by procedures for consolidating the purchasing of publicly financed health insurance.
History:
Laws 1997, ch. 74, § 2.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-3 - Definitions.

As used in the Health Care Purchasing Act:
A. "consolidated purchasing" means a single process for the procurement of all health care benefits by the publicly funded insurance agencies in compliance with the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] and includes associated activities related to the procurement such as actuarial, cost containment, benefits consultation and analysis; and
B. "publicly funded health care agency" means the:
(1) risk management division and the group benefits committee of the general services department;
(2) retiree health care authority;
(3) public school insurance authority; and
(4) publicly funded health care program of any public school district with a student enrollment in excess of sixty thousand students.
History:
Laws 1997, ch. 74, § 3.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-4 - Mandatory consolidated purchasing.

A. The agencies shall enter into a cooperative consolidated purchasing effort to provide plans of health care benefits for the benefit of eligible participants of the respective agencies. The request for proposal shall set forth one or more plans of health care benefits and shall include accommodation of fully funded arrangements as well as varying degrees of self-funded pool options.
B. A consolidated purchasing request for proposals for all health care benefits by the publicly funded health care agencies shall be issued on or before July 1, 1999 and any contracts for health care benefits renewed or issued on or after July 1, 2000 shall be the result of consolidated purchasing.
C. All requests for proposals issued as part of the consolidated purchasing shall include at least one distinct service area consisting of the Albuquerque metropolitan area. Proposals on a distinct service area shall be evaluated separately.
History:
Laws 1997, ch. 74, § 4.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-5 - Consolidated purchasing for other persons.

A. Counties, municipalities, state educational institutions and other political subdivisions that wish to use the consolidated purchasing single process for the procurement of health care benefits shall create or enter into an existing association, cooperative or other mutual alliance to create larger pools of eligible participants.
B. Counties, municipalities, state educational institutions and other political subdivisions that wish to use the consolidated purchasing single process shall, through their respective association, cooperative or mutual alliance, participate in the subsequent consolidated purchasing single process with the publicly funded health care agencies.
History:
Laws 2001, ch. 351, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 351 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-6 - Use of social security numbers.

The publicly funded health care agencies, political subdivisions and other persons providing health care benefits through the consolidated purchasing single process, in compliance with state and federal law, shall not require the use of participants' social security numbers as health care benefit plan identification numbers.
History:
Laws 2001, ch. 351, § 2.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 351 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-8 - Maximum age of dependent.

Any group health care coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act on or after July 1, 2003 that offers coverage of an insured's dependent shall not terminate coverage of an unmarried dependent by reason of the dependent's age before the dependent's twenty-fifth birthday, regardless of whether the dependent is enrolled in an educational institution.
History:
Laws 2003, ch. 391, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 391 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-9 - General anesthesia and hospitalization for dental surgery.

A. Group health care coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for hospitalization and general anesthesia provided in a hospital or ambulatory surgical center for dental surgery for the following:
(1) insureds exhibiting physical, intellectual or medically compromising conditions for which dental treatment under local anesthesia, with or without additional adjunctive techniques and modalities, cannot be expected to provide a successful result and for which dental treatment under general anesthesia can be expected to produce superior results;
(2) insureds for whom local anesthesia is ineffective because of acute infection, anatomic variation or allergy;
(3) insured children or adolescents who are extremely uncooperative, fearful, anxious or uncommunicative with dental needs of such magnitude that treatment should not be postponed or deferred and for whom lack of treatment can be expected to result in dental or oral pain or infection, loss of teeth or other increased oral or dental morbidity;
(4) insureds with extensive oral-facial or dental trauma for which treatment under local anesthesia would be ineffective or compromised; or
(5) other procedures for which hospitalization or general anesthesia in a hospital or ambulatory surgical center is medically necessary.
B. The provisions of this section do not apply to short-term travel, accident-only or limited or specified disease policies.
C. Coverage for dental surgery may be subject to copayments, deductibles and coinsurance subject to network and prior authorization requirements consistent with those imposed on other benefits under the same group health care coverage, including any form of self-insurance.
History:
Laws 2007, ch. 218, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 218, § 6 made this section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-10 - Hearing aid coverage for children required.

A. Group health care coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for a hearing aid and any related service for the full cost of one hearing aid per hearing-impaired ear up to two thousand two hundred dollars ($2,200) every thirty-six months for hearing aids for insured children under eighteen years of age or under twenty-one years of age if still attending high school. The insured may choose a higher priced hearing aid and may pay the difference in cost above the two-thousand-two-hundred-dollar ($2,200) limit as provided in this subsection without financial or contractual penalty to the insured or to the provider of the hearing aids.
B. Each insurer that delivers, issues for delivery or renews under the Health Care Purchasing Act any group health care coverage, including any form of self-insurance, may make available to the policyholder the option of purchasing additional hearing aid coverage that exceeds the services described in this section.
C. Hearing aid coverage offered shall include fitting and dispensing services, including providing ear molds as necessary to maintain optimal fit, provided by an audiologist, a hearing aid dispenser or a physician, licensed in New Mexico.
D. The provisions of this section do not apply to short-term travel, accident-only or limited or specified disease policies.
E. Coverage for hearing aids may be subject to deductibles and coinsurance consistent with those imposed on other benefits under the same group health care coverage, including any form of self-insurance.
F. For the purposes of this section, "hearing aid" means durable medical equipment that is of a design and circuitry to optimize audibility and listening skills in the environment commonly experienced by children.
History:
Laws 2007, ch. 356, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 356, § 6 made this section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-11 - Required coverage of patient costs incurred in cancer clinical trials.

Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage pursuant to Section 59A-22-43 NMSA 1978 for routine patient care costs incurred as a result of the patient's participation in cancer clinical trials.
History:
Laws 2009, ch. 212, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 212 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-12 - Coverage for orally administered anticancer medications; limits on patient costs.

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that provides coverage for cancer treatment shall provide coverage for a prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells on a basis no less favorable than intravenously administered or injected cancer medications that are covered as medical benefits by the plan.
B. A group health plan shall not increase patient cost-sharing for anticancer medications in order to achieve compliance with the provisions of this section.
C. Coverage of orally administered anticancer medication shall not be subject to any prior authorization, dollar limit, copayment, deductible or coinsurance provision that does not apply to intravenously administered or injected anticancer medication used to kill or slow the growth of cancerous cells.
History:
Laws 2011, ch. 55, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 55, § 7 made Laws 2011, ch. 55, § 1 effective June 17, 2011.
Applicability.
— Laws 2011, ch. 55, § 6 provided that the provisions of this act apply to insurance policies that provide coverage for cancer treatment and that are delivered, issued for delivery, amended, renewed or continued in this state on or after January 1, 2012.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-13 - Coverage of prescription eye drop refills.

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that provides coverage for prescription eye drops shall not deny coverage for a renewal of prescription eye drops when:
(1) the renewal is requested by the insured at least twenty-three days for a thirty-day supply of eye drops, forty-five days for a sixty-day supply of eye drops or sixty-eight days for a ninety-day supply of eye drops from the later of the date that the original prescription was dispensed to the insured or the date that the last renewal of the prescription was dispensed to the insured; and
(2) the prescriber indicates on the original prescription that additional quantities are needed and that the renewal requested by the insured does not exceed the number of additional quantities needed.
B. As used in this section, "prescriber" means a person who is authorized pursuant to the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978] to prescribe prescription eye drops.
History:
Laws 2012, ch. 27, § 1.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 27, § 7 provided that Laws 2012, ch. 27, § 1 was effective January 1, 2013.
Applicability.
— Laws 2012, ch. 27, § 6 provided that the provisions of Laws 2012, ch. 27, §§ 1 to 5 apply to insurance policies that provide coverage for prescription eye drops and that are delivered, issued for delivery, amended, renewed or continued in this state on or after January 1, 2013.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-17 - Pharmacy benefits; prescription synchronization.

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a prescription drug benefit shall allow an enrollee to fill or refill a prescription for less than a thirty-day supply of the prescription drug, and apply a prorated daily copayment or coinsurance for the fill or refill, if:
(1) the prescribing practitioner or the pharmacist determines the fill or refill to be in the best interest of the patient;
(2) the patient requests or agrees to receive less than a thirty-day supply of the prescription drug; and
(3) the reduced fill or refill is made for the purpose of synchronizing the patient's prescription drug fills.
B. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a prescription drug benefit shall not:
(1) deny coverage for the filling of a chronic medication when the fill is made in accordance with a plan to synchronize multiple prescriptions for the enrollee pursuant to Subsection A of this section established among the group health plan, the prescribing practitioner and a pharmacist. The group health plan shall allow a pharmacy to override any denial indicating that a prescription is being refilled too soon for the purposes of medication synchronization; and
(2) prorate a dispensing fee to a pharmacy that fills a prescription with less than a thirty-day supply of prescription drug pursuant to Subsection A of this section. The group health plan shall pay in full a dispensing fee for a partially filled or refilled prescription for each prescription dispensed, regardless of any prorated copayment or coinsurance that the enrollee may pay for prescription synchronization services.
History:
Laws 2015, ch. 65, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-19 - Prior authorization for gynecological or obstetrical ultrasounds prohibited.

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that provides coverage for gynecological or obstetrical ultrasounds shall not require prior authorization for gynecological or obstetrical ultrasounds.
B. Nothing in this section shall be construed to require payment for a gynecological or obstetrical ultrasound that is not:
(1) medically necessary; or
(2) a covered benefit.
C. As used in this section, "prior authorization" means advance approval that is required as a condition precedent to payment for medical care or related benefits rendered to a covered person, including prospective or utilization review conducted prior to the provision of covered medical care or related benefits.
History:
Laws 2019, ch. 182, § 1
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 182, § 7 contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-20 - Prior Authorization Act.

Benefits administrators of group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act are subject to and shall comply with the Prior Authorization Act [59A-22B-1 to 59A-22B-5 NMSA 1978].
History:
Laws 2019, ch. 187, § 1
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 187 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-21 - Physical rehabilitation services; limits on cost sharing.

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers coverage of physical rehabilitation services shall not impose a member cost share for physical rehabilitation services that is greater than that for primary care services on a coinsurance percentage basis when coinsurance is applied or on an absolute dollar amount when a copay is applied.
B. As used in this section:
(1) "physical rehabilitation services" means services aimed at maximizing an individual's level of function, returning to a prior level of function or maintaining or slowing the decline of function, which services are provided by or under the direction of a licensed physical therapist, occupational therapist or speech therapist; and
(2) "primary care services" means the first level of basic or general health care for a person's health needs, including diagnostic and treatment services, initiation of referrals for other health care services and maintenance of the continuity of care when appropriate.
History:
Laws 2019, ch. 188, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 188, § 6 made Laws 2019, ch. 188, § 1 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-23 - Pharmacist prescriptive authority services; reimbursement parity.

A group health plan shall reimburse a participating provider that is a certified pharmacist clinician or pharmacist certified to provide a prescriptive authority service who provides a service at the standard contracted rate that the group health plan reimburses, for the same service under that group health plan, any licensed physician or physician assistant licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978] or any advanced practice certified nurse practitioner licensed pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978].
History:
Laws 2020, ch. 58, § 1; 2021, ch. 54, § 2.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, after "Medical Practice Act", deleted "or the Osteopathic Medicine Act".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-24 - Heart artery calcium scan coverage.

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for eligible insureds to receive a heart artery calcium scan.
B. Coverage provided pursuant to this section shall:
(1) be limited to the provision of a heart artery calcium scan to an eligible insured to be used as a clinical management tool;
(2) be provided every five years if an eligible insured has previously received a heart artery calcium score of zero; and
(3) not be required for future heart artery calcium scans if an eligible insured receives a heart artery calcium score greater than zero.
C. At its discretion or as required by law, an insurer may offer or refuse coverage for further cardiac testing or procedures for eligible insureds based upon the results of a heart artery calcium scan.
D. The provisions of this section shall not apply to short-term travel, accident-only or limited or specified-disease policies, plans or certificates of health insurance.
E. As used in this section:
(1) "eligible insured" means an insured who:
(a) is a person between the ages of forty-five and sixty-five; and
(b) has an intermediate risk of developing coronary heart disease as determined by a health care provider based upon a score calculated from an evidence-based algorithm widely used in the medical community to assess a person's ten-year cardiovascular disease risk, including a score calculated using a pooled cohort equation;
(2) "health care provider" means a physician, physician assistant, nurse practitioner or other health care professional authorized to furnish health care services within the scope of the professional's license; and
(3) "heart artery calcium scan" means a computed tomography scan measuring coronary artery calcium for atherosclerosis and abnormal artery structure and function.
History:
Laws 2020, ch. 79, § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 79 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
Applicability.
— Laws 2020, ch. 79, § 6 provided that the provisions of Laws 2020, ch. 79, are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2021.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-26 - Behavioral health services; elimination of cost sharing.

A. Until January 1, 2027, group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers coverage of behavioral health services shall not impose cost sharing on those behavioral health services.
B. For the purposes of this section:
(1) "behavioral health services" means professional and ancillary services for the treatment, habilitation, prevention and identification of mental illnesses, substance abuse disorders and trauma spectrum disorders, including inpatient, detoxification, residential treatment and partial hospitalization, intensive outpatient therapy, outpatient and all medications, including brand-name pharmacy drugs when generics are unavailable;
(2) "coinsurance" means a cost-sharing method that requires an enrollee to pay a stated percentage of medical expenses after any deductible amount is paid; provided that coinsurance rates may differ for different types of services under the same group health plan;
(3) "copayment" means a cost-sharing method that requires an enrollee to pay a fixed dollar amount when health care services are received, with the plan administrator paying the balance of the allowable amount; provided that there may be different copayment requirements for different types of services under the same group health plan; and
(4) "cost sharing" means a copayment, coinsurance, deductible or any other form of financial obligation of an enrollee other than a premium or a share of a premium, or any combination of any of these financial obligations, as defined by the terms of a group health plan.
History:
Laws 2021, ch. 136, § 3.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 136, § 11 made Laws 2021, ch. 136, § 3 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-27 - Diagnostic and supplemental breast examinations.

A. Group health coverage, including self-insurance, offered, issued, amended, delivered or renewed under the Health Care Purchasing Act that provides coverage for diagnostic and supplemental breast examinations shall not impose cost sharing for diagnostic and supplemental breast examinations.
B. The provisions of this section do not apply to excepted benefit plans as provided pursuant to the Short-Term Health Plan and Excepted Benefit Act [Chapter 59A, Article 23G NMSA 1978], catastrophic plans as defined pursuant to 42 USCA Section 18022(e) or high deductible health plans with health savings accounts until an eligible insured's deductible has been met, unless otherwise allowed pursuant to federal law.
C. As used in this section:
(1) "cost sharing" means a deductible, coinsurance, copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense;
(2) "diagnostic breast examination" means a medically necessary and clinically appropriate examination of the breast using diagnostic mammography, breast magnetic resonance imaging or breast ultrasound that evaluates an abnormality:
(a) seen or suspected from a screening examination for breast cancer; or
(b) detected by another means of examination; and
(3) "supplemental breast examination" means a medically necessary and clinically appropriate examination of the breast using breast magnetic resonance imaging or breast ultrasound that is:
(a) used to screen for breast cancer when there is no abnormality seen or suspected; and
(b) based on personal or family medical history or additional factors that may increase the individual's risk of breast cancer.
History:
Laws 2023, ch. 12, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 12, § 8 provided that Laws 2023, ch. 12 apply to health insurance policies, health care plans, certificates of health insurance and health maintenance organization contracts that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-28 - Chiropractic physician services; limits on cost sharing and coinsurance. (Effective January 1, 2024.)

A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers coverage of the services of a chiropractic physician shall not impose a copayment or coinsurance on those chiropractic physician services that exceeds the copayment or coinsurance imposed for primary care services.
B. As used in this section, "primary care services" means the first level of basic or general health care for a person's health needs, including diagnostic and treatment services, initiation of referrals for other health care services and maintenance of the continuity of care when appropriate.
History:
Laws 2023, ch. 51, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 51, § 6 made Laws 2023, ch. 51, § 1 effective January 1, 2024.