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HOUSE BILL 95
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Pamelya Herndon
AN ACT
RELATING TO INSURANCE; ENACTING NEW SECTIONS OF THE HEALTH CARE
PURCHASING ACT AND THE NEW MEXICO INSURANCE CODE TO REQUIRE
FERTILITY PRESERVATION SERVICES IN CERTAIN CASES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Health Care Purchasing
Act is enacted to read:
"[NEW MATERIAL] COVERAGE FOR FERTILITY PRESERVATION
SERVICES.--
A. As used in this section, "fertility
preservation" means the use of specific medical interventions,
in accordance with clinical practice guidelines that are
generally accepted by health care providers in relevant
clinical specialties, including the procurement,
cryopreservation or storage of oocytes, embryos or gonadal
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tissue.
B. Group health coverage, including any form of
self-insurance, that is offered, issued or renewed under the
Health Care Purchasing Act shall provide coverage for fertility
preservation services for enrollees whose disease or medically
necessary disease treatment, as determined by the enrollee's
health care provider, may lead to infertility.
C. Coverage shall be provided regardless of the
enrollee's:
(1) expected length of life;
(2) present or predicted disability;
(3) degree of medical dependency;
(4) perceived quality of life or other health
conditions; or
(5) personal characteristics, including age,
sex, sexual orientation, marital status, gender or gender
identity."
SECTION 2. A new section of Chapter 59A, Article 22 NMSA
1978 is enacted to read:
"[NEW MATERIAL] COVERAGE FOR FERTILITY PRESERVATION
SERVICES.--
A. As used in this section, "fertility
preservation" means the use of specific medical interventions,
in accordance with clinical practice guidelines that are
generally accepted by health care providers in relevant
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clinical specialties, including the procurement,
cryopreservation or storage of oocytes, embryos or gonadal
tissue.
B. An individual or group health insurance policy,
health care plan or certificate of health insurance that is
delivered, issued for delivery or renewed in this state shall
provide coverage for fertility preservation services for
insureds whose disease or medically necessary disease
treatment, as determined by the insured's health care provider,
may lead to infertility.
C. Coverage shall be provided regardless of the
insured's:
(1) expected length of life;
(2) present or predicted disability;
(3) degree of medical dependency;
(4) perceived quality of life or other health
conditions; or
(5) personal characteristics, including age,
sex, sexual orientation, marital status, gender or gender
identity."
SECTION 3. A new section of Chapter 59A, Article 23 NMSA
1978 is enacted to read:
"[NEW MATERIAL] COVERAGE FOR FERTILITY PRESERVATION
SERVICES.--
A. As used in this section, "fertility
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preservation" means the use of specific medical interventions,
in accordance with clinical practice guidelines that are
generally accepted by health care providers in relevant
clinical specialties, including the procurement,
cryopreservation or storage of oocytes, embryos or gonadal
tissue.
B. A blanket or group health policy, health care
plan or certificate of health insurance that is delivered,
issued for delivery or renewed in this state shall provide
coverage for fertility preservation services for insureds whose
disease or medically necessary disease treatment, as determined
by the insured's health care provider, may lead to infertility.
C. Coverage shall be provided regardless of the
insured's:
(1) expected length of life;
(2) present or predicted disability;
(3) degree of medical dependency;
(4) perceived quality of life or other health
conditions; or
(5) personal characteristics, including age,
sex, sexual orientation, marital status, gender or gender
identity."
SECTION 4. A new section of the Health Maintenance
Organization Law is enacted to read:
"[NEW MATERIAL] COVERAGE FOR FERTILITY PRESERVATION
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SERVICES.--
A. As used in this section, "fertility
preservation" means the use of specific medical interventions,
in accordance with clinical practice guidelines that are
generally accepted by health care providers in relevant
clinical specialties, including the procurement,
cryopreservation and storage of oocytes, embryos or gonadal
tissue.
B. An individual or group health maintenance
organization contract that is offered, issued for delivery or
renewed in this state shall provide coverage for fertility
preservation services for eligible enrollees whose disease or
medically necessary disease treatment, as determined by the
eligible enrollee's health care provider, may lead to
infertility.
C. Coverage shall be provided regardless of the
eligible enrollee's:
(1) expected length of life;
(2) present or predicted disability;
(3) degree of medical dependency;
(4) perceived quality of life or other health
conditions; or
(5) personal characteristics, including age,
sex, sexual orientation, marital status, gender or gender
identity."
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SECTION 5. A new section of the Nonprofit Health Care
Plan Law is enacted to read:
"[NEW MATERIAL] COVERAGE FOR FERTILITY PRESERVATION
SERVICES.--
A. As used in this section, "fertility
preservation" means the use of specific medical interventions,
in accordance with clinical practice guidelines that are
generally accepted by health care providers in relevant
clinical specialties, including the procurement,
cryopreservation and storage of oocytes, embryos or gonadal
tissue.
B. An individual or group health plan or
certificate of insurance that is delivered, issued for delivery
or renewed in this state shall provide coverage for fertility
preservation services for the eligible subscriber whose disease
or medically necessary disease treatment, as determined by the
eligible subscriber's health care provider, may lead to
infertility.
C. Coverage shall be provided regardless of the
eligible subscriber's:
(1) expected length of life;
(2) present or predicted disability;
(3) degree of medical dependency;
(4) perceived quality of life or other health
conditions; or
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(5) personal characteristics, including age,
sex, sexual orientation, marital status, gender or gender
identity."
SECTION 6. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2026.
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