2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 22 - Health Insurance Contracts › Section 59A-22-49 - Coverage for autism spectrum disorder diagnosis and treatment.

A. An individual or group health insurance policy, health care plan or certificate of health insurance that is delivered, issued for delivery or renewed in this state shall provide coverage to an insured for:
(1) well-baby and well-child screening for diagnosing the presence of autism spectrum disorder; and
(2) treatment of autism spectrum disorder through speech therapy, occupational therapy, physical therapy and applied behavioral analysis.
B. Coverage required pursuant to Subsection A of this section:
(1) shall be limited to treatment that is prescribed by the insured's treating physician in accordance with a treatment plan;
(2) shall not be subject to annual or lifetime dollar limits;
(3) shall not be denied on the basis that the services are habilitative or rehabilitative in nature;
(4) may be subject to other general exclusions and limitations of the insurer's policy or plan, including coordination of benefits, participating provider requirements, restrictions on services provided by family or household members and utilization review of health care services, including the review of medical necessity, case management and other managed care provisions; and
(5) may be limited to exclude coverage for services received under the federal Individuals with Disabilities Education Improvement Act of 2004 and related state laws that place responsibility on state and local school boards for providing specialized education and related services to children three to twenty-two years of age who have autism spectrum disorder.
C. Coverage for treatment of autism spectrum disorder through speech therapy, occupational therapy, physical therapy and applied behavioral analysis shall not be denied to an insured on the basis of the insured's age.
D. The coverage required pursuant to Subsection A of this section shall not be subject to deductibles or coinsurance provisions that are less favorable to an insured than the deductibles or coinsurance provisions that apply to physical illnesses that are generally covered under the individual or group health insurance policy, health care plan or certificate of health insurance, except as otherwise provided in Subsection B of this section.
E. An insurer shall not deny or refuse to issue health insurance coverage for medically necessary services or refuse to contract with, renew, reissue or otherwise terminate or restrict health insurance coverage for an individual because the individual is diagnosed as having autism spectrum disorder.
F. The treatment plan required pursuant to Subsection B of this section shall include all elements necessary for the health insurance plan to pay claims appropriately. These elements include:
(1) the diagnosis;
(2) the proposed treatment by types;
(3) the frequency and duration of treatment;
(4) the anticipated outcomes stated as goals;
(5) the frequency with which the treatment plan will be updated; and
(6) the signature of the treating physician.
G. This section shall not be construed as limiting benefits and coverage otherwise available to an insured under a health insurance plan.
H. The provisions of this section shall not apply to policies intended to supplement major medical group-type coverages such as medicare supplement, long-term care, disability income, specified disease, accident-only, hospital indemnity or other limited-benefit health insurance policies.
I. As used in this section:
(1) "autism spectrum disorder" means:
(a) a condition that meets the diagnostic criteria for autism spectrum disorder published in the current edition of the
Diagnostic and Statistical Manual of Mental Disorders
published by the American psychiatric association; or
(b) a condition diagnosed as autistic disorder, Asperger's disorder, pervasive development disorder not otherwise specified, Rett's disorder or childhood disintegrative disorder pursuant to diagnostic criteria published in a previous edition of the
Diagnostic and Statistical Manual of Mental Disorders
published by the American psychiatric association;
(2) "habilitative or rehabilitative services" means treatment programs that are necessary to develop, maintain and restore to the maximum extent practicable the functioning of an individual; and
(3) "high school" means a school providing instruction for any of the grades nine through twelve.
History:
Laws 2009, ch. 74, § 1; 2019, ch. 119, § 3.
ANNOTATIONS
Cross references.
— For the federal Individuals with Disabilities Education Improvement Act of 2004,
see
20 U.S.C., § 1400.
The 2019 amendment,
effective June 14, 2019, prohibited age and dollar limits on services related to autism spectrum disorder, and made conforming changes; in Subsection A, after "provide coverage to an", deleted "eligible individual who is nineteen years of age or younger, or an eligible individual who is twenty-two years of age or younger and is enrolled in high school" and added "insured"; in Subsection B, Paragraph B(2), after "shall", added "not", and deleted "limited to thirty-six thousand dollars ($36,000) annually and shall not exceed two hundred thousand dollars ($200,000) in total lifetime benefits. Beginning January 1, 2011, the maximum benefit shall be adjusted annually on January 1 to reflect any change from the previous year in the medical component of the then-current consumer price index for all urban consumers published by the bureau of labor statistics of the United States department of labor" and added "subject to annual or lifetime dollar limits"; added a new Subsection C and redesignated former Subsections C through H as Subsections D through I, respectively; in Subsection D, after "subject to", deleted "dollar limits", and after "insured than the", deleted "dollar limits"; and in Subsection I, Subparagraph I(1)(a), after "diagnostic criteria for", deleted "the pervasive developmental disorders" and added "autism spectrum disorder", and after "American psychiatric association", deleted "including autistic disorder; Asperger's disorder; pervasive development disorder not otherwise specified; Rett's disorder; and childhood disintegrative disorder", and added Subparagraph I(1)(b).