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HOUSE BILL 271
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Rod Montoya and Jenifer Jones
AN ACT
RELATING TO HEALTH CARE; DISTINGUISHING HEALTH CARE SHARING
MINISTRIES FROM INSURERS AS DEFINED BY THE NEW MEXICO INSURANCE
CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the New Mexico Insurance Code
is enacted to read:
"[NEW MATERIAL] HEALTH CARE SHARING MINISTRY.--
A. For purposes of this section, "health care
sharing ministry" means a faith-based, nonprofit organization
that is tax-exempt under the federal Internal Revenue Code of
1986 and that:
(1) limits its participants to those who are
of a similar faith;
(2) meets the requirements of 26 USCA
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5000A(d)(2)(B)(i) and (ii)(I) through (V); and
(3) provides for the financial and medical
needs of a participant through the coordination of
contributions from other participants.
B. A health care sharing ministry shall:
(1) suggest dollar amounts that participants
may contribute with no assumption of risk or promise to pay
among the participants and no assumption of risk or promise to
pay by the health care sharing ministry to the participants;
(2) provide a written monthly statement to all
participants that lists the total dollar amount of qualified
needs submitted to the health care sharing ministry and the
amount actually published or assigned to participants for their
contribution; and
(3) provide a written disclaimer on or
accompanying all applications and guideline materials
distributed by or on behalf of the ministry that reads, in
substance:
"Notice: The organization facilitating the sharing of
medical expenses is not an insurance company, and the health
care sharing ministry's guidelines and plan of operation are
not an insurance policy. Whether anyone chooses to assist you
with your medical bills will be completely voluntary because
participants are not compelled by law to contribute toward your
medical bills. Therefore, participation in the ministry or a
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subscription to any of its documents should not be considered
to be insurance. Regardless of whether you receive any payment
for medical expenses or whether this organization continues to
operate, you are always personally responsible for the payment
of your own medical bills.".
C. A health care sharing ministry shall not be
considered an insurer as defined by the Insurance Code."
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