N.M. Stat. § 59A-23E-12
Prohibiting discrimination based on health status
against individual participants and beneficiaries in premium
contributions.
A. A group health plan and a health insurance issuer offering group or individual
health insurance coverage shall not require an individual as a condition of enrollment or
continued enrollment under the plan to pay a premium or contribution that is greater
than the premium or contribution for a similarly situated individual enrolled in the plan on
the basis of the health status related factor in relation to the individual or a person
enrolled under the plan as a dependent of the individual.
B. The provisions of Subsection A of this section shall not be construed to:
(1)
restrict the amount that an employer or an individual may be charged for
coverage under a group health plan or individual health coverage; or
(2)
prevent a group health plan or a health insurance issuer offering group
health insurance coverage from establishing premium discounts or rebates or modifying
otherwise applicable copayments or deductibles in return for adherence to programs of
health promotion and disease prevention.
C. A group health benefits plan or a health insurance issuer that offers group health
insurance coverage in connection with a group health benefits plan shall not adjust
premiums or contribution amounts for the group covered under the plan on the basis of
genetic information.