N.M. Stat. § 59A-23E-9
Group health plan; special enrollment periods for
dependent beneficiaries.
A. A group health plan shall provide for a dependent special enrollment period
described in Subsection B of this section during which a person may be enrolled under
the plan as a dependent of the individual, and in the case of the birth or adoption of a
child, the spouse of the individual may be enrolled as a dependent of the individual if the
spouse is otherwise eligible for coverage, if:
(1)
the plan makes coverage available to a dependent of an individual;
(2)
the individual is a participant under the plan or has met any waiting period
applicable to becoming a participant and is eligible to be enrolled under the plan but for
a failure to enroll during a previous enrollment period; and
(3)
the person has become the dependent of the individual through marriage,
birth, adoption or placement for adoption.
B. A dependent special enrollment period pursuant to this subsection shall be for a
period of not less than thirty days and shall begin on the later of:
(1)
the date dependent coverage is made available; or
(2)
the date of the marriage, birth, adoption or placement for adoption
described in Subsection A of this section.
C. If an individual seeks to enroll a person as a dependent during the first thirty days
of a dependent special enrollment period, the coverage of the dependent becomes
effective:
(1)
in the case of marriage, not later than the first day of the first month
beginning after the date the completed request for enrollment is received;
(2)
in the case of birth, as of the date of the birth; or
(3)
in the case of adoption or placement for adoption, the date of the adoption
or placement.