A. As used in this section:
(1) "covered services" means dental care services for which a reimbursement is available under an enrollee's plan contract or for which a reimbursement would be available but for the application of contractual limitations such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefit payments or any other limitation; and
(2) "dental insurance plan" means any policy of insurance that is issued by a health care service contractor that provides for coverage of dental services not in connection with a medical plan.
B. No contract of any health care service contractor that covers any dental services and no contract or participating provider agreement with a dentist shall require, directly or indirectly, that a dentist who is a participating provider provide services to an enrolled participant at a fee set by, or at a fee subject to the approval of, the health care service contractor unless the dental services are covered services.
C. A health care service contractor or other person providing third party administrator services shall not make available any providers in its dentist network to a plan that sets dental fees for any services except covered services.
D. If any part or application of this section is held invalid, the remainder or its application to other situations or persons shall not be affected.
History: Laws 2011, ch. 128, § 1.
Emergency clauses. — Laws 2011, ch. 128, § 2 contained an emergency clause and was approved April 7, 2011.
Structure New Mexico Statutes
Article 22 - Health Insurance Contracts
Section 59A-22-1 - Scope of article.
Section 59A-22-2 - Form and content of policy.
Section 59A-22-3 - Required provisions.
Section 59A-22-4 - Entire contract; changes.
Section 59A-22-5 - Time limit on certain defenses.
Section 59A-22-6 - Grace period.
Section 59A-22-7 - Reinstatement.
Section 59A-22-8 - Notice of claim.
Section 59A-22-9 - Claim forms.
Section 59A-22-10 - Proofs of loss.
Section 59A-22-11 - Time of payment of claims.
Section 59A-22-12 - Payment of claims.
Section 59A-22-13 - Physical examination and autopsy.
Section 59A-22-14 - Legal actions.
Section 59A-22-15 - Change of beneficiary.
Section 59A-22-16 - Optional provisions.
Section 59A-22-17 - Change of occupation.
Section 59A-22-18 - Misstatement of age.
Section 59A-22-19 - Other insurance in this insurance company.
Section 59A-22-20 - Insurance with other insurance companies.
Section 59A-22-21 - Insurance with other insurance companies [; alternative provision].
Section 59A-22-22 - Relation of earnings to insurance.
Section 59A-22-23 - Unpaid premium.
Section 59A-22-24 - Cancellation.
Section 59A-22-25 - Conformity with state statutes.
Section 59A-22-26 - Order of certain policy provisions.
Section 59A-22-27 - Third party ownership.
Section 59A-22-28 - Requirements of other jurisdictions.
Section 59A-22-29 - Conforming to statute.
Section 59A-22-30 - Age limit.
Section 59A-22-30.1 - Maximum age of dependent.
Section 59A-22-31 - Industrial health insurance.
Section 59A-22-32 - Freedom of choice of hospital and practitioner.
Section 59A-22-32.1 - Freedom of choice.
Section 59A-22-33 - Children with disabilities; coverage continued.
Section 59A-22-34 - Newly born children coverage.
Section 59A-22-34.1 - Coverage for adopted children.
Section 59A-22-34.2 - Coverage of children.
Section 59A-22-34.3 - Childhood immunization coverage required.
Section 59A-22-34.4 - Coverage of circumcision for newborn males.
Section 59A-22-34.5 - Hearing aid coverage for children required.
Section 59A-22-35 - Maternity transport required.
Section 59A-22-36 - Home health care service option required.
Section 59A-22-39 - Coverage for mammograms.
Section 59A-22-39.2 - Prior authorization for gynecological or obstetrical ultrasounds prohibited.
Section 59A-22-40 - Coverage for cytologic and human papillomavirus screening.
Section 59A-22-40.1 - Coverage for the human papillomavirus vaccine.
Section 59A-22-41 - Coverage for individuals with diabetes.
Section 59A-22-41.1 - Coverage for medical diets for genetic inborn errors of metabolism.
Section 59A-22-42 - Coverage for prescription contraceptive drugs or devices.
Section 59A-22-43 - Required coverage of patient costs incurred in cancer clinical trials.
Section 59A-22-44 - Coverage for smoking cessation treatment.
Section 59A-22-45 - Coverage of alpha-fetoprotein IV screening test.
Section 59A-22-46 - Coverage of part-time employees.
Section 59A-22-47 - Coverage of colorectal cancer screening.
Section 59A-22-48 - General anesthesia and hospitalization for dental surgery.
Section 59A-22-49 - Coverage for autism spectrum disorder diagnosis and treatment.
Section 59A-22-49.2 - Coverage of prescription eye drop refills.
Section 59A-22-49.3 - Coverage for telemedicine services.
Section 59A-22-49.4 - Prescription drugs; prohibited formulary changes; notice requirements.
Section 59A-22-50 - Health insurers; direct services.
Section 59A-22-51 - Dental insurance plan; dental fees not covered; severability.
Section 59A-22-52 - Prescription drug prior authorization protocols.
Section 59A-22-53 - Pharmacy benefits; prescription synchronization.
Section 59A-22-53.2 - Pharmacist prescriptive authority services; reimbursement parity.
Section 59A-22-54 - Provider credentialing; requirements; deadline.
Section 59A-22-55 - Coverage exclusion. (Contingent repeal. See note.)
Section 59A-22-56 - Physical rehabilitation services; limits on cost sharing.