New Mexico insurance laws
What New Mexico has enacted on insurance, what each law requires, and what the bills still moving would do. New Mexico is one of 51 states that enacted an insurance law in the 2025 and 2026 sessions.
- Bills in scope
- 59bills in scope
- Past committee
- 34past committee
- Most recent action
- 24 March 2026most recent action
Insurance laws enacted in New Mexico
16 insurance laws enacted in the New Mexico Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.
What it requires: School districts and charter schools must contribute at least eighty percent of the cost of group insurance for employees effective July 1, 2026. The legislative education study committee must conduct a comprehensive study of public school employee insurance program sustainability and deliver a final report by October 1, 2026.
Health coverage and plan regulation
What it requires: Employers of full-time firefighters must provide medical treatment for presumed occupational conditions as job-related injuries unless a court determines the presumption does not apply. Conditions include specified cancers diagnosed after five years of employment, infectious diseases appearing after employment entry, and posttraumatic stress disorder diagnosed by a physician or psychologist.
Workers' compensation, surety and specialty lines
What it requires: Insurers offering group health plans, individual health plans, and health maintenance organization contracts must cover prosthetic devices, custom orthotic devices, wheelchairs, and activity chairs for persons with documented permanent physical conditions limiting mobility. Coverage must be at least equivalent to Medicare, include all services and supplies for effective use, permit replacement without lifetime restrictions, and not impose discriminatory denials or separate financial requirements more restrictive than medical and surgical benefits.
Health coverage and plan regulation
What it requires: Health insurers and pharmacy benefits managers must not require prior authorization for medications prescribed to treat serious mental illness, autoimmune disorders, cancer, rare diseases, or substance use disorders, except when biosimilar, interchangeable biologic, or generic versions are available. After approving prior authorization for chronic maintenance drugs, they must not require subsequent prior authorization more than once every three years unless specified conditions apply.
Health coverage and plan regulation
What it requires: The public health division must promulgate rules requiring children attending public, private, home or parochial schools to be immunized according to recommendations from the advisory committee on immunization practices and the American academy of pediatrics. Health insurers and group health plans must not impose cost-sharing requirements for immunizations recommended by the advisory committee on immunization practices.
What it requires: The health care authority shall develop health care affordability criteria and establish income eligibility parameters for enhanced premium and cost-sharing assistance on the New Mexico health insurance exchange. The health care authority shall report to the legislative finance committee and legislative health and human services committee by October 31 annually on affordability criteria implementation and enrollment outcomes.
Health coverage and plan regulation
What it requires: The superintendent of insurance may issue a civil investigative subpoena prior to issuance of a notice of contemplated action when examining or investigating insurance matters upon reasonable and probable cause to determine whether a person violated the Insurance Code or to secure information useful in enforcement or administration. The authority to issue a specific civil investigative subpoena may be delegated to staff.
Licensing, solvency and market conduct
What it requires: Limited lines travel insurance producers must register travel retailers, establish compliance programs, and ensure retailers provide material terms, claim filing processes, and insurer contact information to purchasers. Travel retailers and unlicensed representatives cannot evaluate insurance terms, provide coverage advice, or hold themselves out as licensed producers. Travel insurers must pay premium tax on policies sold to state residents.
Licensing, solvency and market conduct
What it requires: Health maintenance organizations and contract providers must submit books and records for examinations by the superintendent or secretary of health. The superintendent may examine health maintenance organizations and their contract providers not less frequently than once every five years as reasonably necessary to protect state residents' interests.
Health coverage and plan regulation, Licensing, solvency and market conduct
What it requires: Insurers and other persons are prohibited from knowingly committing or performing with frequency as a general business practice fifteen specified unfair and deceptive claims practices, including misrepresenting policy provisions, failing to promptly investigate or settle claims, compelling litigation by offering substantially less than amounts ultimately recovered, and considering inquiries as claims when facts are not covered and no payment is made.
Licensing, solvency and market conduct
What it requires: Health insurers, health maintenance organizations, and health care plans must cover durable medical equipment for treatment of active diabetic foot ulcers, including topical oxygen therapy, when prescribed by a health care practitioner with prescribing authority. Insurers must maintain adequate networks of durable medical equipment suppliers, guarantee reimbursement within thirty days of written demand for out-of-pocket expenses, and pay eighteen percent annual interest if reimbursement is not timely.
Health coverage and plan regulation
What it requires: Health insurance carriers must assess and verify provider qualifications within thirty calendar days of receiving a complete credentialing application and load approved provider information into their provider payment system within that same period. Carriers must reimburse providers for covered services with dates of service more than thirty days after application if the carrier failed to approve, deny, or load the provider's information timely.
Health coverage and plan regulation
What it requires: Insurance companies that make total loss settlements and take possession of vehicles must stamp the title or manufacturer's certificate of origin with "NONREPAIRABLE" in letters at least one-half inch high at approximately forty-five degrees, and submit branded title and documents to the department within twenty days after receipt of title free and clear of liens. Insurance companies may request the department issue a salvage or nonrepairable vehicle certificate if unable to obtain properly endorsed title after two certified mail attempts ten days apart.
What it requires: Effective July 1, 2025, the state or its executive, judicial, or legislative departments, including agencies, boards, or commissions, must pay eighty percent of the cost of employee group insurance. The secretary of health care authority shall establish a program using health care affordability fund appropriations to reduce or eliminate premiums for certain state employees with modified adjusted gross income up to two hundred fifty percent of the federal poverty level.
Health coverage and plan regulation
What it requires: Health insurers shall not subject medications approved by the FDA prescribed for autoimmune disorders, cancer, rare diseases or conditions, or substance use disorders to prior authorization or step therapy, except when biosimilar, interchangeable biologic, or generic versions are available. Medical necessity determinations must be automatically approved within seven days for standard determinations and twenty-four hours for emergency determinations.
Health coverage and plan regulation
What it requires: Employers must advance discovery costs requested by claimants up to six thousand dollars ($6,000). Attorneys representing claimants or employers in workers' compensation claims may not receive fees exceeding thirty thousand dollars ($30,000) in calendar year 2025, adjusted annually by consumer price index thereafter, except up to five thousand dollars ($5,000) additional if bad faith is found.
Workers' compensation, surety and specialty lines
Insurance in New Mexico, by topic
Health coverage and plan regulation
32 bills, 9 enacted. Enacted in 47 states.
Licensing, solvency and market conduct
12 bills, 4 enacted. Enacted in 47 states.
Workers' compensation, surety and specialty lines
7 bills, 2 enacted. Enacted in 45 states.
Property, catastrophe and climate risk
5 bills. Enacted in 31 states.
Auto insurance
2 bills. Enacted in 29 states.
AI and data in underwriting and claims
2 bills. Enacted in 12 states.
Insurance bills in New Mexico
The bills not yet law, furthest along first, with what each would do.
16Enacted
18Past committee
25Introduced or inactive
59 bills in scope
Past committee
18
What it would do: Requires the legislative finance committee to retain contractors by September 1, 2026 to perform actuarial reviews of proposed health legislation affecting insurance coverage requirements, with up to two requests per legislative party per chamber annually, and appropriates $100,000 for fiscal year 2027.
What it would do: Requires property insurance policies covering wildfire damage to also cover related flood damage, including landslides and debris flows, for five years after the wildfire is controlled, for policies issued on or after July 1, 2026.
What it would do: Requires health insurance plans in New Mexico to cover abortion care, gender-affirming care, contraception, and family planning services without cost-sharing, prior authorization, or utilization review, and establishes special enrollment periods for pregnant individuals.
What it would do: Modifies insurance licensing timeframes and fees in New Mexico, including extending the grace period for late license renewal from thirty days to one year, requiring insurers to file contact information for statutory deposits and fees, and requiring timely submission of amended certificate of authority documentation.
What it would do: Requires health insurers to establish procedures granting prior authorization exemptions to health care professionals whose prior authorization requests have a ninety percent approval rate, with provisions for rescission, independent review, and protections against fraud or abuse.
What it would do: Requires group health plans, medical assistance, individual and group health insurance policies, health maintenance organizations, and nonprofit health care plans to cover medical cannabis for qualified patients with debilitating medical conditions, with insurers providing either reimbursement or direct payment to approved cannabis retailers.
What it would do: Prohibits health insurers from requiring prior authorization for covered chemotherapy, dialysis, elder care, and home health care services, and for FDA-approved medications prescribed for autoimmune disorders, cancer, diabetes, high blood pressure, or substance use disorders, except when biosimilar, interchangeable biologic, or generic versions are available.
What it would do: Prohibits insurers in New Mexico from using credit information, insurance scores, education, or occupation in underwriting, rating, or renewing personal insurance policies for private passenger automobiles, motorcycles, and recreational vehicles for personal use.
What it would do: Requires motor vehicle liability insurance policies in New Mexico to include uninsured and underinsured motorist coverage with minimum limits matching the policyholder's bodily injury and property damage liability coverage, effective January 1, 2026.
What it would do: Amends insurance law to require residential property insurance policies provide full replacement cost coverage without depreciation deduction, and clarifies that losses caused by combined covered and excluded risks are covered if the covered risk was the efficient proximate cause.
What it would do: Amends New Mexico's Insurance Holding Company Law to add definitions including internationally active insurance groups, large life insurance companies, and liquidity stress test framework; requires ultimate controlling persons to file annual group capital calculation reports and large life insurance companies to file liquidity stress test results, with specified exemptions.
What it would do: Requires group health plans, health maintenance organizations, and medical assistance to cover coronary artery calcium screening without cost sharing, with screening available every four years if previous score was zero, and removes prior eligibility restrictions based on age and cardiovascular risk.
What it would do: Declares that minor children placed in substitute care or foster care by the children, youth and families department or licensed child placement agencies are not disqualified from coverage under premises liability insurance policies based on their placement status.
What it would do: Requires motor vehicle liability policies issued in New Mexico to include uninsured and underinsured motorist coverage with minimum limits matching Section 66-5-215, prohibits offsets based on tortfeasor liability coverage, and prohibits vehicle owners and drivers from operating vehicles without such coverage, effective January 1, 2026.
What it would do: Prohibits group health coverage, individual and group health insurance policies, health maintenance organization contracts, and nonprofit health care plans delivered or renewed in New Mexico from imposing cost sharing (copayments, coinsurance, deductibles, or other financial obligations) on cholesterol-lowering drugs, effective January 1, 2026.
What it would do: Amends the Surprise Billing Protection Act to change how health insurance carriers reimburse nonparticipating providers for surprise bills, using claims data from two years prior instead of 2017 data and requiring reimbursement at the sixtieth percentile of commercial rates or 150% of Medicare rates, whichever is greater.
What it would do: Requires issuers of Medicare supplement policies to offer annual open enrollment periods to eligible policyholders starting on their birthday month for at least sixty days, during which issuers cannot deny coverage or discriminate on price based on health status. Requires issuers to notify policyholders thirty to sixty days before their enrollment period begins.
What it would do: Creates a nine-member New Mexico Property Insurance Program Association Board to administer the FAIR plan, establishing requirements for property and commercial property insurance coverage limits up to $1,000,000 and $5,000,000 respectively, and authorizing the board to assess fees from member insurers.
Introduced or inactive
7 of 25 shown
What it would do: Requires health coverage carriers, including group health plans, health insurers, health maintenance organizations, and nonprofit health care plans, to allow participation by any health care provider acting within their legal scope of practice, while permitting carriers to set participation terms and varying reimbursement rates.
What it would do: Creates a presumption that posttraumatic stress disorder, back pain from duty belt wear, and heart issues are job-related for police officers diagnosed after twenty or twenty-five years of employment, rebuttable by evidence of significant non-employment risk factors.
What it would do: Requires the Health Care Authority to establish a centralized credentialing application process by January 1, 2027, where individual providers submit one application and Medicaid managed care contractors must decide within 30 days (or 45 with extension) and load approved providers into payment systems within the same timeframe.
What it would do: Requires homeowners insurers to submit wildfire risk models to the superintendent, incorporate property-specific and community-level mitigation factors into underwriting, provide mitigation discounts, and give policyholders written notice of wildfire risk scores with appeal rights.
What it would do: Requires health insurers to establish procedures granting prior authorization exemptions to health care professionals whose outpatient service requests are approved at least ninety percent of the time, with provisions for denial, rescission, and independent review.
What it would do: Requires owners or operators of produced water facilities to acquire and maintain insurance covering spill response, cleanup, remediation, and related costs before receiving state permits or authorizations for treatment, reuse, discharge, or transport of produced water. Establishes joint and several liability for persons controlling produced water activities.
What it would do: Allows health care providers to qualify under the Medical Malpractice Act using either claims-made or occurrence-based malpractice insurance, and requires tail coverage when claims-made policies terminate.
Showing the 25 furthest along of 43. Subscribers see all of them, filtered and searchable. Bill titles link to the New Mexico Legislature's own page.
What counts as insurance legislation
In scope: Health coverage and plan regulation; auto; property and catastrophe; life and annuities; aI and data in underwriting; workers' compensation and specialty lines; and licensing, solvency and market conduct.
Questions
Does New Mexico have an insurance law?
Yes. New Mexico enacted 16 insurance laws in the 2025 and 2026 sessions, among them HB 47, HB 128 and HB 38. Each is listed on this page with what it requires.
Which insurance bills are moving in New Mexico?
18 bills not yet law have passed a committee or a chamber, the furthest along HB 259 (passed committee), SB 154 (passed committee) and SB 189 (passed committee).
What does New Mexico legislate on most in insurance?
Health coverage and plan regulation (32 bills), Licensing, solvency and market conduct (12 bills) and Workers' compensation, surety and specialty lines (7 bills).
Are these summaries reviewed by a lawyer?
No. Which bills count as Insurance bills, and the line on what each law requires or each bill would do, are drafted by software from the bill's own text and not reviewed by an attorney. Every bill links to the legislature's own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Other practice areas in New Mexico
- AI in New Mexico17
- Alcohol in New Mexico10
- Cannabis in New Mexico12
- Children's Online Safety in New Mexico6
- Cybersecurity in New Mexico1
- Data center and energy in New Mexico2
- Data Privacy in New Mexico14
- Employment in New Mexico44
- Healthcare in New Mexico145
- Intellectual Property in New Mexico6
- Packaging and PFAS in New Mexico4
- Payments and fintech in New Mexico3
- Rental housing in New Mexico15
- Tobacco and nicotine in New Mexico4
- Transportation in New Mexico16
- All jurisdictions
Insurance legislation in other jurisdictions
52 more currently hold bills in this tracker
- New Jersey539
- New York481
- Texas314
- Massachusetts246
- Connecticut230
- Louisiana214
- Maryland208
- Missouri197
- Hawaii190
- Rhode Island188
- Mississippi187
- Florida185
- West Virginia175
- Illinois174
- Virginia158
- Montana155
- Oklahoma152
- Pennsylvania152
- California146
- Michigan137
- Iowa127
- Georgia112
- Kentucky109
- Tennessee99
- Indiana93
- Arizona91
- South Carolina86
- North Carolina80
- Minnesota78
- Oregon74
- Ohio70
- Utah70
- Arkansas68
- Washington67
- Kansas66
- Maine66
- New Hampshire63
- Nebraska60
- Colorado56
- Nevada54
- Congress48
- Wisconsin48
- Idaho47
- Alaska38
- Alabama32
- Delaware30
- North Dakota29
- Vermont29
- South Dakota21
- District of Columbia8
- Puerto Rico6
- Wyoming4
Know when New Mexico's insurance law changes
An alert when a bill moves, and one report a month on what changed in every state and Congress.