New Mexico’s top insurance regulator has issued an emergency order to require health insurance companies to cover out-of-network behavioral health services at in-network rates. The order comes in response to the governor’s declaration of a public health emergency over the surge of gun violence in the state’s largest city.
Governor’s order sparks controversy
On September 8, 2023, Governor Michelle Lujan Grisham announced a series of measures to address the escalating gun violence in Albuquerque and surrounding Bernalillo County. The measures included a temporary ban on the open and concealed carry of firearms in the area, increased funding for law enforcement and community programs, and directives for public health officials to tackle substance abuse and mental health issues.
The governor’s order was met with fierce opposition from gun rights advocates, Republican lawmakers, and some civil rights leaders. They argued that the order violated the constitutional right to bear arms, was ineffective in reducing crime, and could harm the efforts to reform the criminal justice system. Several lawsuits were filed to challenge the order, and a federal judge issued a temporary restraining order to block the ban on carrying firearms.
Insurance regulator steps in to improve behavioral health care
Despite the legal setback, the governor’s order remains in effect for other provisions, including the mandate for public health officials to address substance abuse and mental health problems. On September 19, 2023, Superintendent of Insurance Alice Kane issued an emergency order to implement this mandate by requiring major medical health insurers to cover out-of-network behavioral health services at in-network rates.
The order applies to all fully-insured individual, small and large group health plans, including those sold through the New Mexico health insurance marketplace. Kane said that her office was committed to reducing barriers to vital care and improving timely access to critical behavioral health services.
According to Kane, the order was necessary because many people who need behavioral health care face long wait times, limited availability of providers, or high out-of-pocket costs. She said that the order would help ensure that people can get the care they need when they need it, regardless of their network status.
Behavioral health care linked to gun violence prevention
The order by Kane was welcomed by some advocates and experts who have been calling for more investment and innovation in behavioral health care as a way to prevent gun violence. They said that many people who engage in or are affected by gun violence suffer from mental health conditions, substance use disorders, or trauma. They said that providing timely and affordable access to behavioral health services could help reduce the risk of violence, suicide, or self-harm.
According to a report by the New Mexico Department of Health, there were 1,024 firearm-related deaths in New Mexico from 2017 to 2019, with 60% of them being suicides. The report also found that New Mexico had the highest rate of drug overdose deaths in the nation in 2019, with 27.4 deaths per 100,000 population. The report recommended increasing access to behavioral health services as one of the strategies to reduce firearm-related deaths.