House Dems want pre-existing condition protections, other parts of ACA in state law

What will remain of the Affordable Care Act in a year or two? Maybe very little, some New Mexico lawmakers worry. While Democrats in the state House of Representatives have talked a lot about expanding access to Medicaid, many are also trying to hold the line on the landmark and controversial health care law also […]

House Dems want pre-existing condition protections, other parts of ACA in state law

What will remain of the Affordable Care Act in a year or two?

Maybe very little, some New Mexico lawmakers worry.

While Democrats in the state House of Representatives have talked a lot about expanding access to Medicaid, many are also trying to hold the line on the landmark and controversial health care law also known as Obamacare, bracing for big changes as 18 attorneys general challenge its constitutionality in federal court.

House Democrats are sponsoring legislation that would write several provisions of the Affordable Care Act into New Mexico law with hopes that no matter what happens at the federal level, the state can keep in place some of the standards for covering mental health care, for example, and protections for patients with pre-existing conditions.

“We’re in that group,” said state Rep. Liz Thomson, D-Albuquerque, a breast cancer survivor whose son has autism. She is sponsoring House Bill 436.

President Donald Trump said repeatedly during last year’s mid-term election and again in his State of the Union Address that his administration would protect patients with pre-existing conditions.

But legislators here are not so sure.

In turn, House Bill 436, would put into state law the requirement that anyone who applies for a plan must be offered one regardless of preexisting conditions. And it would bar plans from charging more to patients based on preexisting conditions.

The bill, crafted with staff from the state Office of the Superintendent of Insurance, would also outline essential health benefits that plans must cover, including emergency services and mental health care.

“The people of New Mexico need peace of mind, knowing these protections will be in place no matter what happens at the national level,” Thomson said.

Other lawmakers are aiming to put some more specific provisions of the Affordable Care Act into state law: those on contraception.

House Bill 89, sponsored by Rep. Debbie Armstrong, D-Albuquerque, would require health insurance plans to cover most contraceptive medications and devices without charging patients out of pocket.

The bills follow a trend that has rippled through several states as lawmakers find ways to build portions of the Affordable Care Act into state statutes. Lawmakers in Maine, Wisconsin and Texas have filed similar bills, for example.

“There is a wave of activity at the state level, mostly geared towards protecting contraceptive coverage if the Affordable Care Act is repealed or eroded,” said Alina Salganicoff, vice president and director of Women’s Health Policy at the Kaiser Family Foundation.

Some states are also looking to go further than the Affordable Care Act, she noted.

Similarly, New Mexico legislators are also considering a bill that would allow consumers who earn too much money to qualify for Medicaid to buy a plan under the program — what’s known as a “Medicaid buy-in.”

But the state would be on its own for now to finance such a system.

And if the latest high-profile legal challenge to the Affordable Care Act prevails, the state may also have to grapple with how to help patients pay for coverage. According to the Kaiser Family Foundation, New Mexicans got about $200 million in subsidies last year to pay for insurance.

Moreover, states do not have authority over all plans, such as self-funded plans.

Still, proponents of the Affordable Care Act argue that writing some of the federal law into state statute is a step towards preserving it.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
Gov signs bills with some vetoes 

Gov signs bills with some vetoes 

Gov. Michelle Lujan Grisham signed 69 bills that the legislature passed during the 2024 legislative session. These included the General Appropriations Act which contains…
Guv signs state budget

Guv signs state budget

Gov. Michelle Lujan Grisham signed the budget bill for Fiscal Year 2025 and the Capital Outlay spending bill. The FY25 state budget bill passed…
Advocates travel to D.C. to push for additional protections for the Gila River

Advocates travel to D.C. to push for additional protections for the Gila River

New Mexico advocates seeking to have the Gila River designated as a Wild and Scenic River will travel to Washington D.C. this week to…

NM Supreme Court annuls $10,000 penalty in PNM/Avangrid merger case

The New Mexico Supreme Court ruled on Monday that a penalty the New Mexico Public Regulation Commission levied against the state’s largest utility was…
State fines oil company more than $2 million after spill

State fines oil company more than $2 million after spill

The Energy, Minerals and Natural Resources Department fined an oil and gas company operating in the Permian Basin more than $2 million over produced…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Supreme Court censures attorney over conduct in anti-COVID policy suits

Supreme Court censures attorney over conduct in anti-COVID policy suits

The New Mexico State Supreme Court censured a New Mexico attorney because of her “misconduct” in two unsuccessful cases pushing back on COVID-19 regulations…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
See who’s going to be on your primary ballot in June

See who’s going to be on your primary ballot in June

Tuesday marked the official beginning of the 2024 New Mexico primary season for the legislature, with candidates officially filing for candidacy. This is the…

Bill to require disclosure of use of AI in campaign materials goes to governor

The Senate approved a bill aiming to require the disclosure of the use of artificial intelligence or other changes made by computers to campaign…
House amends, passes bill banning firearms near polling places

House amends, passes bill banning firearms near polling places

The House narrowly approved a bill that would ban firearms near polling places. The House voted 35-34 to pass the bill following an extensive…
Advocates travel to D.C. to push for additional protections for the Gila River

Advocates travel to D.C. to push for additional protections for the Gila River

New Mexico advocates seeking to have the Gila River designated as a Wild and Scenic River will travel to Washington D.C. this week to…
U.S. Supreme Court lets ban on Couy Griffin from holding office stand

U.S. Supreme Court lets ban on Couy Griffin from holding office stand

The U.S. Supreme Court declined to hear an appeal of a Republican official who was barred from holding office after being convicted for a…
Politics Newsletter: legislative leaders not running for reelection

Politics Newsletter: legislative leaders not running for reelection

Hello fellow political junkies! Candidate filing day has come and gone, and members of House and Senate leadership opted to either not seek reelection…

GET INVOLVED

© 2023 New Mexico Political Report