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New Mexico

Contraceptive Equity

New Mexico law requires health-insurance plans that cover prescription medication to provide equitable coverage for contraception.

What is required?  If a health-insurance plan provides coverage for prescription medication, it must provide coverage for Food and Drug Administration-approved prescription contraception.

To which insurance plans does the law apply?  Individual and group health-insurance plans, other than certain limited benefit policies, delivered or issued on or after July 1, 2001 that provide coverage for prescription medication.

Does the law contain a refusal clause, allowing certain employers and/or insurers to refuse to provide or pay for contraceptive coverage?  Yes.

To whom does the refusal clause apply?  Religious employers.

What does the refusal clause allow?  A religious employer may exclude coverage for prescription contraception.

Is this refusal clause overbroad, jeopardizing insurance coverage for contraception for women?  Yes.  By failing to define the term "religious employer," the law's refusal clause inappropriately includes a wide range of entities that perform non-religious functions in the public sphere.

Does the law require the refusing entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law provide a mechanism for women to obtain contraceptive coverage if their employer exercises a refusal clause?  No.

N.M. Stat. Ann. §§ 59A-22-42, -23-4, -47-33 (Enacted 2001).

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