A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not establish rules for eligibility or continued eligibility of any individual to enroll or continue to participate in a health plan, or eligibility or continued eligibility for benefits, based on any of the following factors in relation to the individual or a dependent of the individual:

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Terms Used In New Mexico Statutes 59A-23E-11

  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

A. health status;

B. medical condition, including both physical and mental illnesses; C. claims experience;

D. receipt of health care; E. medical history;

F. genetic information;

G. evidence of insurability, including conditions arising out of acts of domestic violence;

H. disability; I. gender;

J. national origin;

K. sexual orientation; or

L. any other health status-related factor that the superintendent specifies in rules of the office of superintendent of insurance.