New Mexico legislation · 2026 Regular Session
New Mexico HB38: WHEELCHAIR INSURANCE COVERAGE
Status: Signed into law, March 6, 2026
What the bill says
An act relating to insurance; amending sections of the health care purchasing act and the new mexico insurance code to require coverage for complex rehabilitation technology devices; providing that denial of a complex rehabilitation technology device with respect to a health benefits plan is an unfair and deceptive practice in certain circumstances.
From the enrolled text, March 6, 2026:
AN ACT RELATING TO INSURANCE; AMENDING SECTIONS OF THE HEALTH CARE PURCHASING ACT AND THE NEW MEXICO INSURANCE CODE TO REQUIRE COVERAGE FOR COMPLEX REHABILITATION TECHNOLOGY DEVICES; PROVIDING THAT DENIAL OF A COMPLEX REHABILITATION TECHNOLOGY DEVICE WITH RESPECT TO A HEALTH BENEFITS PLAN IS AN UNFAIR AND DECEPTIVE PRACTICE IN CERTAIN CIRCUMSTANCES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 13-7-46 NMSA 1978 (being Laws 2023, Chapter 196, Section 1) is amended to read: "13-7-46. PROSTHETIC DEVICES--CUSTOM ORTHOTIC DEVICES-- COMPLEX REHABILITATION TECHNOLOGY DEVICES--MINIMUM COVERAGE.-- A. Group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for prosthetic devices, custom orthotic devices and complex rehabilitation technology devices that is at least equivalent to that coverage currently provided by the federal medicare program and no less favorable than the terms and conditions that the group health plan offers for medical and surgical benefits. Covered benefits shall be provided for more than one prosthetic device or custom orthotic device when medically necessary, but shall include no more than three prosthetic HHHC/HHHC/HB Page devices or custom orthotic devices per affected limb per covered person; provided that if after three years, a prosthetic device or custom orthotic device is no longer the appropriate device to meet the …
Sponsors
- Kathleen Cates (D, HD-044) · primary sponsor
- Elizabeth "Liz" Thomson (D, HD-024)
- Elizabeth "Liz" Stefanics (D, SD-039)
Latest actions
- : Signed by Governor - Chapter 41 - Mar. 6
- : Passed in the Senate - Y:40 N:0
- : STBTC: Reported by committee with Do Pass recommendation
- : Sent to STBTC - Referrals: STBTC
- : Passed in the House of Representatives - Y:68 N:0
- : HHHC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
- : Sent to HHHC - Referrals: HHHC
- : w/drn h/calendar- re-ref-
- : HJC: Reported by committee with Do Pass recommendation
- : HHHC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
Votes
- Senate Floor Vote (February 19, 2026): 40 yea, 0 nay, passed
- House Floor Vote (February 14, 2026): 68 yea, 0 nay, passed
Subjects: INSURANCE, HEALTH & HEALTH FACILITIES
Common questions
- What is HB38?
- HB38 is a bill in the New Mexico Legislature (2026 Regular Session): WHEELCHAIR INSURANCE COVERAGE.
- What does HB38 do?
- In its own words: An act relating to insurance; amending sections of the health care purchasing act and the new mexico insurance code to require coverage for complex rehabilitation technology devices; providing that denial of a complex rehabilitation technology device with respect to a health benefits plan is an unfair and deceptive practice in certain circumstances.
- What is the status of HB38?
- Signed into law as of March 6, 2026. Latest action: Signed by Governor - Chapter 41 - Mar. 6 (March 6, 2026).
- Who sponsored HB38?
- Kathleen Cates (D, HD-044), with 2 co-sponsors.
- Where is the official record for HB38?
- On the New Mexico Legislature website: https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=38&year=26
Source: official New Mexico record. Tracked by Delilah, AI for legislation across all 50 states and Congress.