A. No insurer, including health maintenance organizations, nonprofit health care plans and fraternal benefit societies, shall refuse to insure, or refuse to continue to insure, or limit the amount, extent or kind of coverage available to an individual, or charge an individual a different rate for the same coverage solely because of blindness, including partial blindness.
B. With respect to the underlying cause of the blindness, persons who are blind shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are sighted persons, and blindness may be considered as evidence of the severity or progression of the underlying cause.
C. Refusal to insure includes denial by an insurer of disability insurance coverage on the grounds that the policy defines "disability" as being presumed in the event that the insured loses his eyesight. However, an insurer may exclude from coverage disabilities consisting solely of blindness when such condition exists at the time the policy is issued.
History: 1978 Comp., § 59A-16-13.2, enacted by Laws 1993, ch. 126, § 1.
Structure New Mexico Statutes
Article 16 - Trade Practices and Frauds
Section 59A-16-1 - Scope of article.
Section 59A-16-2 - Purpose of article.
Section 59A-16-3 - Practices and acts prohibited, in general.
Section 59A-16-4 - Misrepresentation, false advertising of policies.
Section 59A-16-5 - False information, advertising.
Section 59A-16-6 - "Twisting" prohibited.
Section 59A-16-7 - Replacement of life insurance.
Section 59A-16-7.1 - Unclaimed life insurance benefits.
Section 59A-16-8 - Falsification, omission of records; misleading financial statements.
Section 59A-16-9 - Publication of nonstatutory financial statements.
Section 59A-16-10 - Defamation.
Section 59A-16-11 - Unfair discrimination prohibited; life and health insurance.
Section 59A-16-11.1 - Medical Insurance Pool Act; unfair referral.
Section 59A-16-12 - Discrimination in insurance.
Section 59A-16-12.1 - Discrimination on the basis of deterioration in health.
Section 59A-16-13 - Prohibiting sex discrimination in insurance.
Section 59A-16-13.1 - Craniomandibular and temporomandibular joint disorders.
Section 59A-16-13.2 - Discrimination on the basis of blindness.
Section 59A-16-14 - Coercion of business prohibited; notice required; charges prohibited.
Section 59A-16-17 - Discrimination, rebates and certain inducements prohibited; other coverages.
Section 59A-16-18 - Receipt of rebates and inducements; penalty.
Section 59A-16-19 - Monopolistic practices prohibited.
Section 59A-16-20 - Unfair claims practices defined and prohibited.
Section 59A-16-21.1 - Health plan requirements.
Section 59A-16-21.3 - Health care providers; surprise billing prohibited.
Section 59A-16-22 - Record of complaints required.
Section 59A-16-23 - False applications, claims, proofs of loss.
Section 59A-16-24 - Illegal dealing in premiums; excess charges for coverage.
Section 59A-16-25 - Knowledge of insurer of prohibited acts.
Section 59A-16-26 - Insurer name; deceptive use prohibited.
Section 59A-16-27 - Desist orders for prohibited practices.
Section 59A-16-28 - Procedure as to undefined practices.