New Mexico Statutes
Article 23E - Health Insurance Portability
Section 59A-23E-9 - Group health plan; special enrollment periods for dependent beneficiaries.

A. A group health plan shall provide for a dependent special enrollment period described in Subsection B of this section during which a person may be enrolled under the plan as a dependent of the individual, and in the case of the birth or adoption of a child, the spouse of the individual may be enrolled as a dependent of the individual if the spouse is otherwise eligible for coverage, if:
(1) the plan makes coverage available to a dependent of an individual;
(2) the individual is a participant under the plan or has met any waiting period applicable to becoming a participant and is eligible to be enrolled under the plan but for a failure to enroll during a previous enrollment period; and
(3) the person has become the dependent of the individual through marriage, birth, adoption or placement for adoption.
B. A dependent special enrollment period pursuant to this subsection shall be for a period of not less than thirty days and shall begin on the later of:
(1) the date dependent coverage is made available; or
(2) the date of the marriage, birth, adoption or placement for adoption described in Subsection A of this section.
C. If an individual seeks to enroll a person as a dependent during the first thirty days of a dependent special enrollment period, the coverage of the dependent becomes effective:
(1) in the case of marriage, not later than the first day of the first month beginning after the date the completed request for enrollment is received;
(2) in the case of birth, as of the date of the birth; or
(3) in the case of adoption or placement for adoption, the date of the adoption or placement.
History: Laws 1997, ch. 243, § 9; 1998, ch. 41, § 13.
The 1998 amendment, effective March 6, 1998, substituted "Group health plan" for "Special enrollment periods for dependent beneficiaries" in the section heading; in Subsection A, deleted "or if not otherwise enrolled, the individual" following "which a person", and substituted "the" for "a" at the beginning of Paragraph A(3); in Subsection C, inserted "person as a" near the beginning, and deleted "a dependent's" following "in the case of" in Paragraphs C(2) and (3).

Structure New Mexico Statutes