State Law

New Mexico Statutes Ann-Chapter 59A-Article 57A. Surprise Billing Protection

07/20/2020 New Mexico Section 59A-57A-3

Emergency care; reimbursement; limitation on charges

OON-Payment Issues

A. A health insurance carrier shall reimburse a nonparticipating provider for emergency care necessary to evaluate and stabilize a covered person if a prudent layperson would reasonably believe that emergency care is necessary, regardless of eventual diagnosis.

B. A health insurance carrier shall not require that prior authorization for emergency care be obtained by, or on behalf of, a covered person prior to the point of stabilization of that covered person if a prudent layperson would reasonably believe that the covered person requires emergency care.

C. A health insurance carrier may impose a cost-sharing or limitation of benefits requirement for emergency care performed by a nonparticipating provider only to the same extent that the copayment, co-insurance or limitation of benefits requirement applies for participating providers and is documented in the policy.

D. A health insurance carrier may require an emergency care provider to notify a health insurance carrier of a covered person’s admission to the hospital within a reasonable time period after the covered person has been stabilized.

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See https://laws.nmonesource.com/w/nmos/Chapter-59A-NMSA-1978#!fragment/zoupio-_Toc46481186/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgBYA2DgDgEZ+vLgEoANMmylCEAIqJCuAJ7QA5KrERCYXAnmKV6zdt0gAynlIAhFQCUAogBl7ANQCCAOQDC9saTAARtCk7CIiQA