A. For services provided pursuant to Section 3 [59A-57A-3 NMSA 1978] or 4 [59A-57A-4 NMSA 1978] of the Surprise Billing Protection Act, a health insurance carrier shall directly reimburse a nonparticipating provider for care rendered the surprise bill reimbursement rate for services.
B. The surprise bill reimbursement rate shall be calculated using claims data reflecting the allowed amounts paid for claims paid in the 2017 plan year.
C. As used in this section, "surprise bill reimbursement rate" means the sixtieth percentile of the allowed commercial reimbursement rate for the particular health care service performed by a provider in the same or similar specialty in the same geographic area, as reported in a benchmarking database maintained by a nonprofit organization specified by the superintendent after consultation with health care sector stakeholders; provided that no surprise bill reimbursement rate shall be paid at less than one hundred fifty percent of the 2017 medicare reimbursement rate for the applicable health care service provided.
D. The nonprofit organization shall be conflict-free and unaffiliated with any stakeholder in the health care sector.
History: Laws 2019, ch. 227, § 13.
Delayed repeals. — Laws 2019, ch. 227, § 15 repeals Laws 2019, ch. 227, § 13, effective July 1, 2023.
Effective dates. — Laws 2019, ch. 227, § 16 made Laws 2019, ch. 227 effective January 1, 2020.
Structure New Mexico Statutes
Article 57A - Surprise Billing Protection
Section 59A-57A-1 - Short title.
Section 59A-57A-2 - Definitions.
Section 59A-57A-3 - Emergency care; reimbursement; limitation on charges.
Section 59A-57A-4 - Non-emergency care; limitation on charges.
Section 59A-57A-6 - Covered persons; providers; overpayment.
Section 59A-57A-7 - Nonparticipating providers; rebates and inducements; prohibition.
Section 59A-57A-8 - Health care provider reimbursement rates; surprise billing.
Section 59A-57A-9 - Reasonable health care cost management permitted.
Section 59A-57A-10 - Private cause of action.
Section 59A-57A-11 - Information from provider networks.