1. A. Except as provided in Subsection D of this section, beginning January 1, 2027, a hospital or health system shall not charge, bill or collect a facility fee directly from a patient for:

   1. (1) preventive health care services provided in an outpatient setting, including services accessed from the patient's vehicle;
   2. (2) vaccination services provided in an outpatient setting, including services accessed from the patient's vehicle; or
   3. (3) telehealth services.

2. B. Nothing in this section prohibits a hospital or health system from charging a facility fee for:

   1. (1) health care services provided in an inpatient setting;
   2. (2) health care services provided at a hospital emergency department; or
   3. (3) health care services provided at a freestanding emergency department.
3. C. Nothing in this section prohibits a hospital or health system from charging, billing or collecting a facility fee from a patient's insurer pursuant to an agreement between the hospital or health system and the insurer or as required by law.
4. D. The provisions of Subsection A of this section shall not apply to a hospital or a hospital's clinic located in a rural area.
5. E. Notwithstanding the provisions of Subsections B, C and D of this section, a hospital or health system shall not charge, bill or collect a facility fee directly from a patient who does not have health insurance coverage and is provided the benefits of a health care service for which a facility fee would otherwise be charged.

History: Laws 2026, ch. 43, § 3.

ANNOTATIONS

Effective dates. — Laws 2026, ch. 43 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2026, 90 days after adjournment of the legislature.