Key Takeaways

  • New Mexico operates its own state-based health exchange called beWellnm
  • The Office of Superintendent of Insurance (OSI) regulates health insurance
  • Pre-existing condition exclusions are prohibited under ACA-compliant plans
  • New Mexico has mental health parity requirements
  • New Mexico has expanded Medicaid under the ACA
Last updated: January 2026

New Mexico Health Insurance Policy Requirements

New Mexico has health insurance regulations that work alongside federal requirements under Chapter 59A of the New Mexico Statutes Annotated.

Regulatory Structure

New Mexico health coverage is regulated by the Office of Superintendent of Insurance (OSI):

AgencyRole
Office of Superintendent of Insurance (OSI)Regulates all health insurance, reviews rates and forms
beWellnmOperates the state-based health exchange

Health Insurance Marketplace

New Mexico operates its own state-based exchange called beWellnm:

  • State-based marketplace (one of 18 states with own exchange)
  • Provides access to qualified health plans (QHPs)
  • Premium tax credits available for eligible residents
  • Open enrollment and special enrollment periods apply
  • In-person assisters available statewide

Metal Tier Plans

TierActuarial ValueCost Sharing
Bronze60%Higher out-of-pocket costs
Silver70%Moderate cost sharing
Gold80%Lower out-of-pocket costs
Platinum90%Lowest out-of-pocket costs

Medicaid Expansion

New Mexico has expanded Medicaid under the ACA:

  • Covers adults up to 138% of federal poverty level
  • Provides coverage to previously uninsured residents
  • Administered by New Mexico Human Services Department

Pre-Existing Condition Protections

New Mexico prohibits pre-existing condition exclusions in ACA-compliant plans:

Market SegmentPre-Existing Condition Exclusions
IndividualProhibited
Small GroupProhibited
Large GroupLimited by federal law

Guaranteed Issue and Renewal

New Mexico requires:

Guaranteed Issue

  • Insurers must accept all applicants for ACA-compliant plans
  • Cannot deny coverage based on health status
  • Applies to individual and small group markets

Guaranteed Renewal

  • Insurers cannot cancel coverage except for:
    • Non-payment of premium
    • Fraud or misrepresentation
    • Plan discontinuation (with proper notice)

Mental Health Parity

New Mexico requires mental health parity:

Coverage Requirements

New Mexico law requires health plans to cover:

  • Mental health conditions
  • Substance use disorders
  • Behavioral health services

Federal MHPAEA Compliance

New Mexico requires compliance with the federal Mental Health Parity and Addiction Equity Act (MHPAEA):

  • Financial requirements must be comparable to medical/surgical
  • Treatment limitations must be comparable
  • Prior authorization requirements must be comparable
  • Out-of-pocket costs must be comparable

Exam Tip: New Mexico operates its own state-based exchange (beWellnm) rather than using HealthCare.gov.

Essential Health Benefits

All individual and small group plans must cover:

  1. Ambulatory patient services
  2. Emergency services
  3. Hospitalization
  4. Maternity and newborn care
  5. Mental health and substance use disorders
  6. Prescription drugs
  7. Rehabilitative services
  8. Laboratory services
  9. Preventive and wellness services
  10. Pediatric services (including dental and vision)

External Review

New Mexico provides external review rights:

  • Consumers can appeal denied claims
  • Independent external review available
  • Binding decision on insurer

Consumer Resources

beWellnm provides consumer assistance:

  • Website: bewellnm.com
  • Phone: (833) 862-3935
  • In-person assistance available
Test Your Knowledge

What is the name of New Mexico's state-based health insurance exchange?

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Test Your Knowledge

Has New Mexico expanded Medicaid under the ACA?

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Test Your Knowledge

Which agency regulates health insurance in New Mexico?

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Test Your Knowledge

Can New Mexico health insurers deny coverage based on pre-existing conditions?

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Test Your Knowledge

What rights do New Mexico consumers have when a health insurance claim is denied?

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