N.M. Stat. § 59A-23E-11
Prohibiting discrimination based on health status
against individual participants and beneficiaries.
A group health plan and a health insurance issuer offering group or individual health
insurance coverage shall not establish rules for eligibility or continued eligibility of any
individual to enroll or continue to participate in a health plan, or eligibility or continued
eligibility for benefits, based on any of the following factors in relation to the individual or
a dependent of the individual:
A. health status;
B. medical condition, including both physical and mental illnesses;
C. claims experience;
D. receipt of health care;
E. medical history;
F. genetic information;
G. evidence of insurability, including conditions arising out of acts of domestic
violence;
H. disability;
I. gender;
J. national origin;
K. sexual orientation; or
L. any other health status-related factor that the superintendent specifies in rules of
the office of superintendent of insurance.