APPLYING COST-SHARING WAIVERS TO BEHAVIORAL HEALTH SERVICES: EFFECTIVE January 1, 2027

BULLETIN 2026-008

This bulletin will take effect on January 1, 2027.
Until that date, carriers must continue to follow Bulletin 2021-009.
Bulletin 2021-009 will remain in effect through 12:00 a.m. December 31, 2026, and then
will be considered repealed.

Senate Bill 120 titled “No Behavioral Health Cost Sharing,” was signed into law by Governor Michelle Lujan Grisham on April 8, 2025, effective January 1, 2026. Senate Bill 120 removes the sunset date of January 1, 2027, for behavioral health cost sharing elimination that was passed in SB317 in the 2021 legislative session and signed by the Governor on April 8, 2021.

SB120 builds on SB317 which prohibits cost sharing, including imposition of a deductible, for behavioral health (BH) services covered by any health care plan “delivered, issued for delivery or renewed in New Mexico.” To ensure that all New Mexicans receive equal treatment with respect to health plan coverage for BH services, the law prohibits a health insurance policy, health care plan or certificate of health insurance, or health maintenance organization contract whether individual, group or blanket that is delivered, issued for delivery, or renewed in New Mexico from imposing cost sharing, including copayments, coinsurance, or deductibles, on BH services as defined in NMSA 1978, Sections 59A-22-57(B)(1), 59A-23-16(B)(1), 59A-46-57(B)(1), and 59A-47-51(B)(1). The application of the prohibition on cost-sharing for BH services must be standardized across all subject health plans effective immediately.

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APPLYING COST-SHARING WAIVERS TO BEHAVIORAL HEALTH SERVICES: EFFECTIVE January 1, 2027 (PDF)

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