N.M. Stat. § 13-7-16
Coverage for autism spectrum disorder diagnosis and
treatment; permissible limitations.
A. Group health coverage, including any form of self-insurance, offered, issued or
renewed under the Health Care Purchasing Act shall provide coverage for:
(1)
well-baby and well-child screening for diagnosing the presence of autism
spectrum disorder; and
(2)
treatment of autism spectrum disorder through speech therapy,
occupational therapy, physical therapy and applied behavioral analysis.
B. Coverage required pursuant to Subsection A of this section:
(1)
shall be limited to treatment that is prescribed by the insured's treating
physician in accordance with a treatment plan;
(2)
shall not be denied on the basis that the services are habilitative or
rehabilitative in nature;
(3)
may be subject to other general exclusions of the group health coverage,
including coordination of benefits, participating provider requirements, restrictions on
services provided by family or household members and utilization review of health care
services, including the review of medical necessity, case management and other
managed care provisions; and
(4)
may be limited to exclude coverage for services received under the federal
Individuals with Disabilities Education Improvement Act of 2004 and related state laws
that place responsibility on state and local school boards for providing specialized
education and related services to children three to twenty-two years of age who have
autism spectrum disorder.
C. Coverage for treatment of autism spectrum disorder through speech therapy,
occupational therapy, physical therapy and applied behavioral analysis shall not be
denied to an enrollee on the basis of the enrollee's age.
D. The coverage required pursuant to Subsection A of this section shall not be
subject to deductibles or coinsurance provisions that are less favorable to a covered
individual than the deductibles or coinsurance provisions that apply to physical illnesses
that are generally covered under the group health coverage, except as otherwise
provided in Subsection B of this section.
E. A group health plan shall not deny or refuse health coverage for medically
necessary services or refuse to contract with, renew, reissue or otherwise terminate or
restrict health coverage for an individual because the individual is diagnosed as having
autism spectrum disorder.
F. The treatment plan required pursuant to Subsection B of this section shall include
all elements necessary for the group health coverage to pay claims appropriately.
These elements include:
(1)
the diagnosis;
(2)
the proposed treatment by types;
(3)
the frequency and duration of treatment;
(4)
the anticipated outcomes stated as goals;
(5)
the frequency with which the treatment plan will be updated; and
(6)
the signature of the treating physician.
G. This section shall not be construed as limiting benefits and coverage otherwise
available to an insured under group health coverage.
H. The provisions of this section shall not apply to policies intended to supplement
major medical group-type coverages such as medicare supplement, long-term care,
disability income, specified disease, accident-only, hospital indemnity or other limited-
benefit health insurance policies.
I. As used in this section:
(1)
"autism spectrum disorder" means:
(a) a condition that meets the diagnostic criteria for autism spectrum disorder
published in the current edition of the Diagnostic and Statistical Manual of Mental
Disorders published by the American psychiatric association; or
(b) a condition diagnosed as autistic disorder, Asperger's disorder, pervasive
development disorder not otherwise specified, Rett's disorder or childhood disintegrative
disorder pursuant to diagnostic criteria published in a previous edition of the Diagnostic
and Statistical Manual of Mental Disorders published by the American psychiatric
association;
(2)
"habilitative or rehabilitative services" means treatment programs that are
necessary to develop, maintain and restore to the maximum extent practicable the
functioning of an individual; and
(3)
"high school" means a school providing instruction for any of the grades
nine through twelve.