New Mexico 2023 Regular Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

SB 71 — ORGAN DONATION DISCRIMINATION

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 17, 2023. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on April 06, 2023.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

217 added · 355 removed

Plain-language change summary

The updated version of Bill SB 71 introduces new provisions that prohibit any discrimination against individuals with physical or mental disabilities who are recipients of anatomical gifts, such as organ transplants. Additionally, it prevents insurance companies from denying coverage for organ, eye, or tissue transplants based solely on a person's disability. This change is significant because it aims to ensure that everyone, regardless of their disabilities, has equal access to life-saving medical treatments and insurance support.

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SENATE BILL 71 56TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Craig W.
AN ACT RELATING TO ANATOMICAL GIFTS;
Brandt and Jenifer Jones This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
PROHIBITING DISCRIMINATION AGAINST ANATOMICAL GIFT RECIPIENTS BASED SOLELY ON PHYSICAL OR MENTAL DISABILITY;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
PROHIBITING INSURANCE COVERAGE DISCRIMINATION AGAINST PERSONS WITH DISABILITIES RECEIVING ORGAN, EYE OR TISSUE TRANSPLANTS AND ASSOCIATED CARE;
h AN ACT g o RELATING TO ANATOMICAL GIFTS;
DECLARING AN EMERGENCY.
PROHIBITING DISCRIMINATION t hr g e i k AGAINST ANATOMICAL GIFT RECIPIENTS BASED SOLELY ON PHYSICAL OR h r i s MENTAL DISABILITY;
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
PROHIBITING INSURANCE COVERAGE h , t, DISCRIMINATION AGAINST PERSONS WITH DISABILITIES RECEIVING e u g e b l e e h ORGAN, EYE OR TISSUE TRANSPLANTS AND ASSOCIATED CARE;
SECTION 1.
DECLARING n d d i = = o h AN EMERGENCY.
l ] b ,d i a º e r i = r t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
d m :
b e d s º o t n = .223670.1AIC January 26, 2023 (2:59pm) s k m e e a n e d r e l u [ A d SECTION 1.
SHORT TITLE.--[Sections 1 through 25 of this act] Chapter 24, Article 6B NMSA 1978 may be cited as the "Jonathan Spradling Revised Uniform Anatomical Gift Act"." SECTION 2.
SHORT TITLE.--Chapter 24, Article 6B NMSA 1978 may be cited as the "Jonathan Spradling Revised Uniform Anatomical Gift Act"." SECTION 2.
"[NEW MATERIAL] DISCRIMINATION AGAINST RECIPIENTS BASED ON DISABILITY PROHIBITED--ENFORCEMENT.-- A.
"DISCRIMINATION AGAINST RECIPIENTS BASED ON DISABILITY PROHIBITED--ENFORCEMENT.-- A.
and (2) "disability" means a severe chronic physical or mental impairment that results in substantial functional limitations in one or more of the following areas of h g major life activity:
and (2) "disability" means a severe chronic physical or mental impairment that results in substantial SB 71 Page 1 functional limitations in one or more of the following areas of major life activity:
o t hr (a) self-care;
(a) self-care;
g e i k (b) receptive and expressive language;
(b) receptive and expressive language;
h r i s h (c) learning;
(c) learning;
, t, e u g (d) mobility;
(d) mobility;
e b l e e h (e) self-determination;
(e) self-determination;
and n d d i = = o h (f) capacity for independent living.
and (f) capacity for independent living.
l ] b ,d i a º e r i = r B.
B.
The provisions of this section apply to all t e w d m a n o stages of the transplant process.
The provisions of this section apply to all stages of the transplant process.
d m :
C.
b e d s º o t n = .223670.1AIC January 26, 2023 (2:59pm) s k m e -2- e a n e d r e l u [ A d C.
(5) place an otherwise qualified recipient on an anatomical gift waiting list at a lower priority position than the position at which the recipient would have been placed if the recipient did not have a disability;
(5) place an otherwise qualified recipient on an anatomical gift waiting list at a lower priority SB 71 Page 2 position than the position at which the recipient would have been placed if the recipient did not have a disability;
or h (6) refuse insurance coverage for any g o t hr procedures associated with being evaluated for or receiving an g e i k anatomical gift, including post-surgical medical care.
or (6) refuse insurance coverage for any procedures associated with being evaluated for or receiving an anatomical gift, including post-surgical medical care.
h r i s D.
D.
A covered entity may take a person's disability h , t, into account when making treatment recommendations or decisions e u g e b l e e h only to the extent that the disability has been found by a n d d i = = o h physician to be medically significant to the provision of the l ] b ,d i a º e anatomical gift after an individualized evaluation of the r i = r t e w d m a n o person.
A covered entity may take a person's disability into account when making treatment recommendations or decisions only to the extent that the disability has been found by a physician to be medically significant to the provision of the anatomical gift after an individualized evaluation of the person.
If a person with a disability has the necessary d m :
If a person with a disability has the necessary support system to assist the person in complying with post-surgical medical requirements, a covered entity shall not consider the person's inability to independently comply with post-surgical medical requirements to be medically significant.
b e d s º o t n = .223670.1AIC January 26, 2023 (2:59pm) s k m e - 3 - e a n e d r e l u [ A d support system to assist the person in complying with post- surgical medical requirements, a covered entity shall not consider the person's inability to independently comply with post-surgical medical requirements to be medically significant.
A new section of Chapter 59A, Article 22 NMSA is enacted to read:
A new section of Chapter 59A, Article 22 NMSA 1978 is enacted to read:
"[NEW MATERIAL] ANATOMICAL GIFT NONDISCRIMINATION.-- A.
"ANATOMICAL GIFT NONDISCRIMINATION.-- SB 71 Page 3 A.
and h (2) "organ transplant" includes parts or the g o t hr whole of organs, eyes or tissue.
and (2) "organ transplant" includes parts or the whole of organs, eyes or tissue.
g e i k B.
B.
All individual and group health insurance h r i s policies delivered or issued for delivery in this state that h , t, provide coverage for organ transplants and associated care e u g e b l e e h shall not:
All individual and group health insurance policies delivered or issued for delivery in this state that provide coverage for organ transplants and associated care shall not:
n d d i = = o h (1) deny that coverage solely on the basis of l ] b ,d i a º e a covered person's physical or mental disability;
(1) deny that coverage solely on the basis of a covered person's physical or mental disability;
r i = r t e w d m a n o (2) deny to a covered person with a physical d m :
(2) deny to a covered person with a physical or mental disability eligibility or continued eligibility to enroll or to renew coverage under the terms of the health benefit policy or plan solely for the purpose of avoiding the requirements of this section;
b e d s º o t n = .223670.1AIC January 26, 2023 (2:59pm) s k m e - 4 - e a n e d r e l u [ A d or mental disability eligibility or continued eligibility to enroll or to renew coverage under the terms of the health benefit policy or plan solely for the purpose of avoiding the requirements of this section;
(3) penalize or otherwise reduce or limit the reimbursement or provide monetary or nonmonetary incentives to a health care provider to induce that health care provider not to provide an organ transplant or associated care to a covered person with a physical or mental disability;
(3) penalize or otherwise reduce or limit the reimbursement or provide monetary or nonmonetary incentives to SJCº an attending»SJC SJCºa»SJC health care provider to induce that health care provider not to provide an organ transplant or associated care to a covered person with a physical or mental disability;
or (4) reduce or limit coverage benefits to a covered person with a physical or mental disability for the associated care related to organ transplantation as SB 71 Page 4 determined in consultation with the physician and patient." SECTION 4.
or (4) reduce or limit coverage benefits to a covered person with a physical or mental disability for the associated care related to organ transplantation as determined in consultation with the SJCº attending»SJC physician and patient." SECTION 4.
A new section of Chapter 59A, Article 23 NMSA 1978 is enacted to read:
A new section of Chapter 59A, Article 23 NMSA h 1978 is enacted to read:
"ANATOMICAL GIFT NONDISCRIMINATION.-- A.
Show all 64 changed rows (24 more)
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Latest
g o t hr "[NEW MATERIAL] ANATOMICAL GIFT NONDISCRIMINATION.-- g e i k A.
h r i s (1) "covered person" means a policyholder or h , t, e u g other person covered by a health benefit plan;
(1) "covered person" means a policyholder or other person covered by a health benefit plan;
and e b l e e h (2) "organ transplant" includes parts or the n d d i = = o h whole of organs, eyes or tissue.
and (2) "organ transplant" includes parts or the whole of organs, eyes or tissue.
l ] b ,d i a º e B.
B.
All individual and group health insurance r i = r t e w d m a n o policies delivered or issued for delivery in this state that d m :
All individual and group health insurance policies delivered or issued for delivery in this state that provide coverage for organ transplants or associated care shall not:
b e d s º o t n = .223670.1AIC January 26, 2023 (2:59pm) s k m e - 5 - e a n e d r e l u [ A d provide coverage for organ transplants or associated care shall not:
(3) penalize or otherwise reduce or limit the reimbursement or provide monetary or nonmonetary incentives to SJCº an attending»SJC SJCºa»SJC health care provider to induce that health care provider not to provide an organ transplant or associated care to a covered person with a physical or mental disability;
(3) penalize or otherwise reduce or limit the reimbursement or provide monetary or nonmonetary incentives to a health care provider to induce that health care provider not to provide an organ transplant or associated care to a covered person with a physical or mental SB 71 Page 5 disability;
or (4) reduce or limit coverage benefits to a h covered person with a physical or mental disability for the g o t hr associated care related to organ transplantation as determined g e i k in consultation with the SJCº attending»SJC physician and h r i s patient." h , t, SECTION 5.
or (4) reduce or limit coverage benefits to a covered person with a physical or mental disability for the associated care related to organ transplantation as determined in consultation with the physician and patient." SECTION 5.
A new section of the Health Maintenance e u g e b l e e h Organization Law is enacted to read:
A new section of the Health Maintenance Organization Law is enacted to read:
n d d i = = o h "[NEW MATERIAL ] ANATOMICAL GIFT NONDISCRIMINATION.-- l ] b ,d i a º e A.
"ANATOMICAL GIFT NONDISCRIMINATION.-- A.
As used in this section, "organ transplant" r i = r t e w d m a n o includes parts or the whole of organs, eyes or tissue.
As used in this section, "organ transplant" includes parts or the whole of organs, eyes or tissue.
d m :
B.
b e d s º o t n = .223670.1AIC January 26, 2023 (2:59pm) s k m e - 6 - e a n e d r e l u [ A d B.
(3) penalize or otherwise reduce or limit the reimbursement or provide monetary or nonmonetary incentives to SJCº an attending»SJC SJCºa»SJC health care provider to induce that health care provider not to provide an organ transplant or associated care to an enrollee with a disability;
(3) penalize or otherwise reduce or limit the reimbursement or provide monetary or nonmonetary incentives to a health care provider to induce that health care provider not to provide an organ transplant or SB 71 Page 6 associated care to an enrollee with a disability;
or h (4) reduce or limit benefits to an enrollee g o t hr with a physical or mental disability for associated care g e i k related to organ transplantation as determined in consultation h r i s with the SJCº attending»SJC physician and patient." h , t, SECTION 6.
or (4) reduce or limit benefits to an enrollee with a physical or mental disability for associated care related to organ transplantation as determined in consultation with the physician and patient." SECTION 6.
A new section of the Nonprofit Health Care e u g e b l e e h Plan Law is enacted to read:
A new section of the Nonprofit Health Care Plan Law is enacted to read:
n d d i = = o h "[NEW MATERIAL] ANATOMICAL GIFT NONDISCRIMINATION.-- l ] b ,d i a º e A.
"ANATOMICAL GIFT NONDISCRIMINATION.-- A.
r i = r t e w d m a n o (1) "covered person" means a policyholder or d m :
(1) "covered person" means a policyholder or other person covered by a health benefit plan;
b e d s º o t n = .223670.1AIC January 26, 2023 (2:59pm) s k m e - 7 - e a n e d r e l u [ A d other person covered by a health benefit plan;
(3) penalize or otherwise reduce or limit the h reimbursement or provide monetary or nonmonetary incentives to g o t hr SJCº an attending»SJC SJCºa»SJC health care provider to induce g e i k that health care provider not to provide an organ transplant or h r i s associated care to a covered person with a physical or mental h , t, disability;
SB 71 Page 7 (3) penalize or otherwise reduce or limit the reimbursement or provide monetary or nonmonetary incentives to a health care provider to induce that health care provider not to provide an organ transplant or associated care to a covered person with a physical or mental disability;
or e u g e b l e e h (4) reduce or limit coverage benefits to a n d d i = = o h covered person with a physical or mental disability for l ] b ,d i a º e associated care related to organ transplantation as determined r i = r t e w d m a n o in consultation with the SJCº attending»SJC physician and d m :
or (4) reduce or limit coverage benefits to a covered person with a physical or mental disability for associated care related to organ transplantation as determined in consultation with the physician and patient." SECTION 7.
b e d s º o t n = .223670.1AIC January 26, 2023 (2:59pm) s k m e - 8 - e a n e d r e l u [ A d patient." SECTION 7.
- 9 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
SB 71 Page 8 25
b r e t º o t n = .223670.1AIC January 26, 2023 (2:59pm) s k em e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. DO PASS committee report adopted

  5. Sent to House Health & Human Services Committee & House Judiciary Committee

  6. passed Senate

  7. DO PASS committee report adopted

  8. DO PASS, as amended, committee report adopted

  9. Sent to Senate Judiciary Committee & Senate Tax, Business and Transportation Committee

  10. Sent to Senate Pre-file

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 71?
SB 71 is sponsored by Jones, Jenifer, Craig W. Brandt (Republican), and Antonio Maestas (Democrat).
What is the current status of SB 71?
This bill has been enacted into law. Introduced January 17, 2023. Enacted.
Where can I track SB 71?
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