Summary:

 Senate Bill 390 (SB 390):  This legislation amends multiple sections of New Mexico’s insurance statutes to strengthen mental health and substance use disorder (MH/SUD) parity and specifically requires insurers (including carriers and health care plans) to reimburse behavioral and mental health care providers for all medically necessary services they perform, provided the service is within the scope of the provider’s license. 

Legislation Overview:

 Senate Bill 390 (SB 390):  The bill reiterates that insurers must comply with mental health parity requirements, meaning coverage for MH/SUD services must be offered equivalent to coverage for physical health conditions.
Limitations on Coverage
1.	Quantitative Treatment Limitations (QTLs) (e.g., visit caps) and financial restrictions cannot be more restrictive for mental health or substance use disorder services than those applied to most other medical services.
2.	Non-Quantitative Treatment Limitations (NQTLs) (e.g., prior authorization, network adequacy, step therapy) must be applied no more restrictively for MH/SUD care than for other medical or surgical services.
3.	Reimbursement for Behavioral & Mental Health Providers
a.	Insurers must pay or reimburse a behavioral or mental health provider for all medically necessary services the provider performs within their licensed scope of practice, regardless of the provider’s designation as a “behavioral” or “mental health” provider.
b.	This ensures that mental health professionals are fully compensated for the full range of care they are licensed to deliver (e.g., medication management for certain providers, counseling, therapy, etc.).
Sections Amended
a.	Section 1 (13-7-32 NMSA 1978): Clarifies the payment requirement under the state’s existing parity mandate.
b.	Section 2 (New Material in Chapter 59A, Article 22): Creates a standalone provision mandating reimbursement for medically necessary behavioral health services.
c.	Section 3 (59A-23-24 NMSA 1978), Section 4 (59A-46-63 NMSA 1978), and Section 5 (59A-47-58 NMSA 1978): Update existing insurance code sections to incorporate the expanded reimbursement requirement, ensuring parity in benefits and payment for MH/SUD care.
By prohibiting more restrictive coverage rules for behavioral health and by requiring reimbursement for any medically necessary service within a provider’s scope, this bill seeks to expand access to mental health care and strengthen parity between mental/behavioral health benefits and physical health benefits in New Mexico.
 

Current Law:

 The 2020 amendment, effective March 6, 2020, increased the total amount limit on 
multiple source contracts for procurement of architectural and engineering services and 
construction that state agencies and local public bodies may enter into and for purchase 
orders under those contracts, and required certain reporting requirements for certain 
state agencies regarding multiple source contracts; in Subsection A, after the first 
occurrence of "does not exceed", deleted "six million dollars ($6,000,000)" and added 
"seven million five hundred thousand dollars ($7,500,000)", and after the second 
occurrence of "does not exceed", deleted "five hundred thousand dollars ($500,000)" 
and added "six hundred fifty thousand dollars ($650,000)"; in Subsection B, after "does 
not exceed", deleted "ten million dollars ($10,000,000)" and added "twelve million five 
hundred thousand dollars ($12,500,000)", and after "may not exceed", deleted "one 
million dollars ($1,000,000)" and added "four million dollars ($4,000,000)"; redesignated 
former Paragraph C(4) and C(5) as new Subsections D and E, respectively, and 
redesignated former Subparagraphs C(4)(a) and C(4)(b) as Paragraphs D(1) and D(2), 
respectively; in Subsection D, in the introductory clause, after "issued pursuant to this 
section", deleted "will" and added "shall", in Paragraph D(1), deleted "six million dollars 
($6,000,000)" and added "seven million five hundred thousand dollars ($7,500,000)", 
and in Paragraph D(2), deleted "ten million dollars ($10,000,000)" and added "twelve 
million five hundred thousand dollars ($12,500,000)"; in Subsection E, after 
"Procurement", added "pursuant to this section"; and added Subsection F.