A. No insurer or other provider of benefits regulated by the New Mexico Insurance Code [Chapter 59A NMSA 1978, except for Articles 30A and 42A] or a state agency shall require a person to execute or revoke an advance directive for mental health treatment as a condition for membership in, being insured for or receiving coverage or benefits under an insurance contract or plan.
B. No insurer may condition the sale, procurement or issuance of a policy, plan, contract, certificate or other evidence of coverage, or entry into a pension, profit-sharing, retirement, employment or similar benefit plan, upon the execution or revocation of an advance directive for mental health treatment; nor shall the existence of an advance directive for mental health treatment modify the terms of an existing policy, plan, contract, certificate or other evidence of coverage of insurance.
C. The provisions of this section shall be enforced by the superintendent of insurance under the New Mexico Insurance Code.
History: Laws 2006, ch. 7, § 12.
Effective dates. — Laws 2006, ch. 7 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Article 7B - Mental Health Care Treatment Decisions
Section 24-7B-1 - Short title.
Section 24-7B-3 - Definitions.
Section 24-7B-4 - Advance directive for mental health treatment.
Section 24-7B-6 - Revocation of advance directive for mental health treatment.
Section 24-7B-7 - Optional form for advance directive for mental health treatment.
Section 24-7B-8 - Decisions by guardian.
Section 24-7B-9 - Obligations of mental health treatment provider.
Section 24-7B-10 - Health care information.
Section 24-7B-11 - Immunities.
Section 24-7B-12 - Prohibited practice.
Section 24-7B-13 - Statutory damages.
Section 24-7B-14 - Effect of copy.
Section 24-7B-15 - Effect of the Mental Health Care Treatment Decisions Act.