A nonparticipating provider shall not, either directly or indirectly, knowingly waive, rebate, give, pay or offer to waive, rebate, give or pay all or part of a cost-sharing amount owed by a covered person pursuant to the terms of the covered person's health benefits plan as an inducement for the covered person to seek a health care service from that nonparticipating provider. The superintendent may impose fines on providers for unlawful rebates and inducements; provided that a provider on which the superintendent intends to impose a fine shall be entitled to a hearing in accordance with the provisions of Section 59A-4-15 NMSA 1978.
History: Laws 2019, ch. 227, § 7.
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.