46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO INSURANCE; REQUIRING GROUP HEALTH CARE COVERAGE OF UNMARRIED DEPENDENTS UNTIL THEIR TWENTY-FOURTH BIRTHDAY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Health Care Purchasing Act is enacted to read:

"[NEW MATERIAL] MAXIMUM AGE OF DEPENDENT.--

A. Group health care coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act on or after July 1, 2003 that offers coverage of an insured's dependent shall not terminate coverage of an unmarried dependent by reason of the dependent's age before the dependent's twenty-fourth birthday.

B. Nothing in this section shall be construed to apply to eligibility criteria for programs pursuant to Title 19 or Title 21 of the federal Social Security Act."

Section 2. Section 59A-22-2 NMSA 1978 (being Laws 1984, Chapter 127, Section 423) is amended to read:

"59A-22-2. FORM AND CONTENT OF POLICY.--[No] A policy of individual health insurance shall not be delivered or issued for delivery in this state unless:

A. the entire money and other considerations [therefor] are [expressed therein and] stated in the policy;

B. the time at which insurance takes effect and terminates is [expressed therein and] stated in the policy;

C. [it] the policy purports to insure only one person, except as provided in Chapter 59A, Article 23 [of the Insurance Code] NMSA 1978, and except that a policy or contract may be issued upon application of the head of a family, who shall be deemed the policyholder, covering members of any one family, including husband, wife, dependent children or any children under the age of [nineteen (19)] twenty-four and other dependents living with the family; [and]

D. [every printed portion of the text matter and of any] the policy, endorsements or attached papers shall be printed in uniform type of which the face shall be not less than ten [(10)] point, [(the "text" shall include all printed matter] except for the name and address of the insurer, name and title of the policy, captions, subcaptions and form numbers [)], but notwithstanding any provision of this law, the superintendent shall not disapprove any [such] policy on the ground that every printed portion of its text matter or of any endorsement or attached paper is not printed in uniform type if it shall be shown that the type used is required to conform to the laws of another state in which the insurer is authorized; [and]

E. the exceptions and reductions of indemnity are adequately captioned and clearly set forth in the policy or contract; [and]

F. each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page thereof; and

G. if any policy is issued by an insurer domiciled in this state for delivery to a person residing in another state, and if the official having responsibility for the administration of insurance laws of such other state shall have advised the superintendent that any such policy is not subject to approval or disapproval by such official, the superintendent may by ruling require that such policy meet the standards set forth in Sections [424 through 446 of this article] 59A-22-3 through 59A-22-25 NMSA 1978."

Section 3. A new section of Chapter 59A, Article 23 NMSA 1978 is enacted to read:

"[NEW MATERIAL] MAXIMUM AGE OF DEPENDENT.--

A. A blanket or group health policy or certificate of insurance offered, delivered, issued for delivery or renewed in New Mexico on or after July 1, 2003 that provides coverage for an insured's dependent shall not terminate coverage of an unmarried dependent by reason of the dependent's age before the dependent's twenty-fourth birthday.

B. Nothing in this section shall be construed to apply to eligibility criteria for programs pursuant to Title 19 or Title 21 of the federal Social Security Act."

Section 4. A new section of Chapter 59A, Article 46 NMSA 1978 is enacted to read:

"[NEW MATERIAL] MAXIMUM AGE OF DEPENDENT.--

A. Each group health maintenance organization contract offered, delivered, issued for delivery or renewed in New Mexico on or after July 1, 2003 that provides coverage for an enrollee's dependent shall not terminate coverage of an unmarried dependent who is a full-time student by reason of the dependent's age before the dependent's twenty-fourth birthday.

B. Nothing in this section shall be construed to apply to eligibility criteria for programs pursuant to Title 19 or Title 21 of the federal Social Security Act."

Section 5. A new section of Chapter 59A, Article 47 NMSA 1978 is enacted to read:

"[NEW MATERIAL] MAXIMUM AGE OF DEPENDENT.--

A. Any group subscriber contract offered, issued or renewed in New Mexico on or after July 1, 2003 that provides coverage of a subscriber's dependents shall not terminate coverage of an unmarried dependent by reason of the dependent's age before the dependent's twenty-fourth birthday.

B. Nothing in this section shall be construed to apply to eligibility criteria for programs pursuant to Title 19 or Title 21 of the federal Social Security Act."