2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 46 - Health Maintenance Organizations › Section 59A-46-43 - Coverage for individuals with diabetes.

A. Each individual and group health maintenance organization contract delivered or issued for delivery in this state shall provide coverage for individuals with insulin-using diabetes, with non-insulin-using diabetes and with elevated blood glucose levels induced by pregnancy. This coverage shall be a basic health care service and shall entitle each individual to the medically accepted standard of medical care for diabetes and benefits for diabetes treatment as well as diabetes supplies, and this coverage shall not be reduced or eliminated.
B. Except as provided in this subsection, coverage for individuals with diabetes may be subject to deductibles and coinsurance consistent with those imposed on other benefits under the same contract, as long as the annual deductibles or coinsurance for benefits are no greater than the annual deductibles or coinsurance established for similar benefits within a given contract. The amount an individual with diabetes is required to pay for a preferred formulary prescription insulin drug or a medically necessary alternative is an amount not to exceed a total of twenty-five dollars ($25.00) per thirty-day supply.
C. When prescribed or diagnosed by a health care practitioner with prescribing authority, all individuals with diabetes as described in Subsection A of this section enrolled under an individual or group health maintenance organization contract shall be entitled to the following equipment, supplies and appliances to treat diabetes:
(1) blood glucose monitors, including those for individuals with disabilities, including the legally blind;
(2) test strips for blood glucose monitors;
(3) visual reading urine and ketone strips;
(4) lancets and lancet devices;
(5) insulin;
(6) injection aids, including those adaptable to meet the needs of individuals with disabilities, including the legally blind;
(7) syringes;
(8) prescriptive oral agents for controlling blood sugar levels;
(9) medically necessary podiatric appliances for prevention of feet complications associated with diabetes, including therapeutic molded or depth-inlay shoes, functional orthotics, custom molded inserts, replacement inserts, preventive devices and shoe modifications for prevention and treatment; and
(10) glucagon emergency kits.
D. When prescribed or diagnosed by a health care practitioner with prescribing authority, all individuals with diabetes as described in Subsection A of this section enrolled under an individual or group health maintenance contract shall be entitled to the following basic health care services:
(1) diabetes self-management training that shall be provided by a certified, registered or licensed health care professional with recent education in diabetes management, which shall be limited to:
(a) medically necessary visits upon the diagnosis of diabetes;
(b) visits following a diagnosis from a health care practitioner that represents a significant change in the patient's symptoms or condition that warrants changes in the patient's self-management; and
(c) visits when re-education or refresher training is prescribed by a health care practitioner with prescribing authority; and
(2) medical nutrition therapy related to diabetes management.
E. When new or improved equipment, appliances, prescription drugs for the treatment of diabetes, insulin or supplies for the treatment of diabetes are approved by the federal food and drug administration, each individual or group health maintenance organization contract shall:
(1) maintain an adequate formulary to provide these resources to individuals with diabetes; and
(2) guarantee reimbursement or coverage for the equipment, appliances, prescription drug, insulin or supplies described in this subsection within the limits of the health care plan, policy or certificate.
F. A health maintenance organization that requires an enrollee to use a specific network provider or to purchase equipment, appliances, supplies or insulin or prescription drugs for the treatment or management of diabetes from a specific durable medical equipment supplier or other supplier as a condition of coverage, payment or reimbursement shall:
(1) maintain an adequate network of durable medical equipment suppliers and other suppliers to provide covered persons with medically necessary diabetes resources whether covered under the health maintenance organization contract's prescription drug or medical benefit;
(2) have network contracts in place for the entire contract period and shall not allow contracts with network providers, durable medical equipment suppliers and other suppliers to lapse or terminate without ensuring the availability of a replacement and continuity of care; provided that single-case agreements do not satisfy the requirements of Paragraph (1) of this subsection or this paragraph;
(3) monitor network providers, durable medical equipment suppliers and other network suppliers to ensure that medically necessary equipment, appliances, supplies and insulin or other prescription drugs are being delivered to an enrollee in a timely manner and when needed by the enrollee;
(4) guarantee reimbursement to an enrollee within thirty days following receipt of a written demand from the enrollee who pays out of pocket for necessary equipment, appliances, supplies and insulin or other prescription drugs described in this section that are not delivered timely to the enrollee and the portion of payment for which the patient is responsible shall not exceed the amount for the same covered benefit obtained from a contracted supplier;
(5) pay interest at the rate of eighteen percent per year on the amount of reimbursement due to an enrollee if not paid within thirty days as required by Paragraph (4) of this subsection;
(6) beginning on April 1, 2024, submit a written report each quarter to the superintendent for the previous quarter on the following metrics:
(a) the number of written demands for reimbursement of out-of-pocket expenses from enrollees received by the health maintenance organization;
(b) the number of out-of-pocket claims for reimbursement paid and the aggregate amount of claims reimbursed by the health maintenance organization within the time required by Paragraph (4) of this subsection;
(c) the number of out-of-pocket claims for reimbursement paid more than thirty days following receipt of a written demand and the aggregate amount of these payments, excluding interest; and
(d) the aggregate amount of interest paid by the health maintenance organization pursuant to Paragraph (5) of this subsection; and
(7) beginning on April 1, 2024, submit a written report each quarter for the previous quarter to the superintendent with the following information for each durable medical equipment supplier or other supplier that was under contract with the health maintenance organization or its agent during the previous quarter:
(a) the name, address and telephone number of each supplier and, if applicable, the corresponding date upon which the respective supplier's contract expired, lapsed or was terminated during the previous quarter;
(b) the percentage of total deliveries, by description of item, that did not meet the delivery requirements specified in Paragraph (3) of this subsection; and
(c) the number of complaints received by the health maintenance organization or its agent during the previous quarter related to late deliveries, incomplete orders or incorrect orders, respectively.
G. The superintendent shall annually audit all health maintenance organizations offering contracts as described in Subsection A of this section for compliance with the requirements of this section. If the superintendent determines that a health maintenance organization has not complied with the requirements of this section, the superintendent shall impose corrective action or use any other enforcement mechanism available to the superintendent to obtain the health maintenance organization's compliance with this section.
H. Absent a change in diagnosis or in an enrollee's management or treatment of diabetes or its complications, a health maintenance organization shall not require more than one prior authorization per policy period for any single drug or category of item enumerated in this section if prescribed as medically necessary by the enrollee's health care practitioner. Changes in the prescribed dose of a drug; quantities of supplies needed to administer a prescribed drug; quantities of blood glucose self-testing equipment and supplies; or quantities of supplies needed to use or operate devices for which an enrollee has received prior authorization during the policy year shall not be subject to additional prior authorization requirements in the same policy year if prescribed as medically necessary by the enrollee's health care practitioner. Nothing in this subsection shall be construed to require payment for diabetes resources that are not a covered benefit.
I. The provisions of this section do not apply to short-term travel, accident-only or limited or specified disease policies.
J. For purposes of this section, "basic health care benefits":
(1) means benefits for medically necessary services consisting of preventive care, emergency care, inpatient and outpatient hospital and physician care, diagnostic laboratory and diagnostic and therapeutic radiological services; and
(2) does not include services for alcohol or drug abuse, dental or long-term rehabilitation treatment.
History:
1978 Comp., § 59A-46-43, enacted by Laws 1997, ch. 7, § 3; 1997, ch. 255, § 3; 2020, ch. 36, § 3; 2023, ch. 50, § 4.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, updated coverage for individuals with diabetes, and defined "basic health care benefits"; in Subsection C, Paragraph C(1), after "for", added "individuals with disabilities, including", and in Paragraph C(6), after "needs of", added "individuals with disabilities, including"; in Subsection D, Subparagraph D(1)(b), after "following a", deleted "physician", and after "diagnosis", added "from a health care practitioner"; deleted former Subsections F and G, which related to enforcement and applicability; and added new Subsections F through J.
Applicability.
— Laws 2023, ch. 50, § 7 provided that Laws 2023, ch. 50 apply to self-insurance provided pursuant to the Health Care Purchasing Act [Chapter 13, Article 7 NMSA 1978], individual and group health insurance policies, health care plans, certificates of health insurance, managed health care plans, contracts of health insurance, group health plans provided through a cooperative, individual and group health maintenance organization contracts, health benefit plans and group health coverage that are offered, delivered or issued for delivery, renewed, extended or amended in New Mexico on or after January 1, 2024.
Temporary provisions.
— Laws 2023, ch. 50, § 6 provided:
A. By October 1, 2023, the office of superintendent of insurance shall convene a diabetes insurance coverage work group composed of:
(1) a representative of the office who shall serve as the chairperson of the working group;
(2) a representative of the New Mexico health insurance exchange who is not an employee or board member of a health insurance issuer or qualified health plan;
(3) a representative of a qualified health plan that offers a health benefit plan on the New Mexico health insurance exchange;
(4) a representative of a diabetes advisory council that represents individuals and groups across New Mexico that are trying to reduce the burden of diabetes on individuals, families, communities, the health care system and the state;
(5) a representative of a New Mexico podiatric and medical association with expertise in the treatment and management of diabetes and its complications;
(6) a representative of a New Mexico medical society with expertise in the treatment and management of diabetes and its complications;
(7) a physician specializing in the treatment and management of diabetes and its complications who is affiliated with a New Mexico medical school;
(8) a representative of the university of New Mexico health sciences center with expertise in the treatment and management of diabetes and its complications;
(9) a representative of a New Mexico advanced practice nurses' association with expertise in the treatment and management of diabetes and its complications;
(10) a person diagnosed with type 1 diabetes or family member of a person diagnosed with type 1 diabetes;
(11) a person diagnosed with type 2 diabetes or family member of a person diagnosed with type 2 diabetes;
(12) an advocate for populations disproportionately impacted by diabetes; and
(13) a representative of the risk management division of the general services department with expertise in health care insurance and finance.
B. By August 1, 2024, the work group shall report to the interim legislative health and human services committee regarding its findings and recommendations for expanding and updating New Mexico's essential health benefit benchmark plan to better address the needs of New Mexicans for services, equipment, supplies, appliances and drugs to treat and manage diabetes and its complications.
The 2020 amendment,
effective January 1, 2021, capped the out-of-pocket costs for a preferred formulary prescription insulin drug or a medically necessary alternative for insured diabetic patients at twenty-five dollars per thirty-day supply; and in Subsection B, added "Except as otherwise provided in this subsection", and added "The amount an individual with diabetes is required to pay for a preferred formulary prescription insulin drug or a medically necessary alternative is an amount not to exceed a total of twenty-five dollars ($25.00) per thirty-day supply.".