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§ 59A-22B-7 NMSA 1978

Prior authorization or referral requirement for in-network mental health or substance use disorder services coverage prohibited

Known as the Prior Authorization Act

The act spans §§ 59–59 (8 sections).

Laws 2023, ch. 114, § 12.

A. A health insurer shall not require prior authorization and referral requirements for the following mental health or substance use disorder services:

(1) acute or immediately necessary care;

(2) acute episodes of chronic mental health or substance use disorder conditions; or

(3) initial in-network inpatient or outpatient substance use treatment services.

B. Prior authorization shall be determined in consultation with the insured's mental health or substance use disorder services provider for:

(1) continuation of services in chronic or stable conditions; or

(2) additional services.

C. Except in cases in which the insured terminates a plan, a health insurer shall not terminate coverage of services without consultation with the insured's mental health or substance use disorder services provider.

D. A health insurer shall not limit coverage for mental health or substance use disorder services up to the point of relief of presenting signs and symptoms or to short-term care or acute treatment.

E. The duration of coverage for an insured with a mental health or substance use disorder shall be based on the mental health or substance use disorder needs of the insured rather than on arbitrary time limits.

F. A health insurer may require a mental health or substance use disorder services provider to provide notification to the health insurer after the initiation of in-network mental health or substance use disorder treatment pursuant to Subsection A of this section.

G. If a provider fails to notify a health insurer pursuant to Subsection F of this section, a health insurer may perform appropriate utilization review.

H. A health insurer may require a mental health or substance use disorder services provider to develop and submit a treatment plan for an insured receiving in-network services in a manner that is compliant with federal law.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.