N.M. Stat. § 13-7-17
Pharmacy benefits; prescription synchronization.
A. Group health coverage, including any form of self-insurance, offered, issued or
renewed under the Health Care Purchasing Act that offers a prescription drug benefit
shall allow an enrollee to fill or refill a prescription for less than a thirty-day supply of the
prescription drug, and apply a prorated daily copayment or coinsurance for the fill or
refill, if:
(1)
the prescribing practitioner or the pharmacist determines the fill or refill to
be in the best interest of the patient;
(2)
the patient requests or agrees to receive less than a thirty-day supply of
the prescription drug; and
(3)
the reduced fill or refill is made for the purpose of synchronizing the
patient's prescription drug fills.
B. Group health coverage, including any form of self-insurance, offered, issued or
renewed under the Health Care Purchasing Act that offers a prescription drug benefit
shall not:
(1)
deny coverage for the filling of a chronic medication when the fill is made
in accordance with a plan to synchronize multiple prescriptions for the enrollee pursuant
to Subsection A of this section established among the group health plan, the prescribing
practitioner and a pharmacist. The group health plan shall allow a pharmacy to override
any denial indicating that a prescription is being refilled too soon for the purposes of
medication synchronization; and
(2)
prorate a dispensing fee to a pharmacy that fills a prescription with less
than a thirty-day supply of prescription drug pursuant to Subsection A of this section.
The group health plan shall pay in full a dispensing fee for a partially filled or refilled
prescription for each prescription dispensed, regardless of any prorated copayment or
coinsurance that the enrollee may pay for prescription synchronization services.