Federal & State Regulations | HIPAA - New Mexico | J. J. Keller® Compliance Network

State Info

Summary of differences between federal and state regulations

Federal HIPAA portability provisions limit exclusions for preexisting conditions; prohibit discrimination against employees and dependents based on their health status; and allow a special opportunity to enroll in a new plan to individuals in certain circumstances.

States are allowed to go beyond the federal requirements. New Mexico adopts federal HIPAA requirements for the most part, but has a Health Insurance Portability Act, in which the exclusion may last for only six months after enrollment instead of the federal’s 12 months. The provisions of the Act do not apply to plans and coverage offered in connection with a group health plan if, on the first day of the plan year, the plan has fewer than two employees who are current employees.