SB 189 New Mexico Senate · 2026 Regular Session

REPRODUCTIVE HEALTH CARE COVERAGE

SB 189 requires all group health insurance plans in New Mexico (including employer self-insurance) to cover specific reproductive and gender-affirming care without deductibles, copays, or prior authorization. It mandates coverage for abortion care, gender-affirming care, contraception (including no cost-sharing for required services), and establishes a special enrollment period for pregnancy-related coverage. The bill applies to most plans but excludes high-deductible plans until the deductible is met and short-term/limited-benefit plans. This directly affects insurers and enrollees by removing financial barriers to these services under New Mexico's Health Care Purchasing Act.

Issues: ✓ Healthcare

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 29, 2026 Last action Mar 24, 2026

Maddy AI version diff · 1 comparison

What changed between versions

introduced version → CT substitute · 10 edits

MAJOR

This bill significantly expands reproductive health care coverage across multiple insurance types in New Mexico, including group health plans, individual policies, Medicaid, and health maintenance organizations. The changes mandate coverage for abortion care, gender-affirming care, and contraception without cost-sharing, while creating a new fund to support reproductive health access and imposing surcharges on accounts that segregate abortion funds.

Scope change

The bill's scope expanded from primarily group health plans under the Health Care Purchasing Act to include individual policies, Medicaid, health maintenance organizations, nonprofit health care plans, and the Health Insurance Exchange. Applicability dates were set for January 1, 2027.

REQUIREMENT

Mandated coverage for abortion care without cost-sharing across all major insurance types, including Medicaid, individual policies, and group health plans.

Required coverage for gender-affirming health care (psychological, behavioral, surgical, pharmaceutical, and medical services) without cost-sharing.

Established special enrollment periods allowing uninsured pregnant individuals to obtain coverage within the first month of pregnancy certification.

Imposed a surcharge on health insurance issuer segregated accounts created for abortion services under federal law, with proceeds deposited into the new fund.

Required coverage for contraception including twelve-month supplies, without prior authorization, cost-sharing, or quantity limits.

Added lactation support coverage for medical assistance, including supplies before delivery and comprehensive services from licensed providers.

FISCAL

Created the Reproductive Health Care Access Fund as a nonreverting state treasury fund to support affordable reproductive health care programs.

ELIGIBILITY

Expanded Medicaid coverage to include family planning-related services such as abortion care, miscarriage management, and STI prevention/diagnosis.

DEFINITION

Provided comprehensive definitions for 'cost sharing,' 'gender-affirming health care,' and contraceptive method categories throughout multiple sections.

ENFORCEMENT

Required expedited appeal processes for adverse determinations related to contraceptive and reproductive health coverage.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 11, 2026

Upper · Passed

DO NOT PASS, replaced with committee substitute

upper

Jan 29, 2026

Introduced

Sent to Senate Committees' Committee & Senate Tax, Business and Transportation Committee & Senate Finance Committee

upper

4 primary · 0 co-sponsors