New Mexico lawmakers are pushing deeper into what advocates describe as one of the country’s most ambitious initiatives to expand disability rights.
Gov. Michelle Lujan Grisham recently signed House Bill 38 into law. The new law widens the scope of New Mexico’s landmark 2023 prosthetics and orthotics coverage mandate to include complex rehabilitation technology devices — equipment that many residents with disabilities depend on for mobility, physical health, and daily living.
The measure builds on House Bill 131, unanimously approved in 2023, which made New Mexico the first state in the United States to require private insurers to cover prosthetic and orthotic devices. Since then, lawmakers in at least 11 other states have introduced or proposed similar measures, making New Mexico a model for disability policy reform.
Roughly 16 to 18 percent of New Mexico residents—roughly one in six residents— live with some form of disability. It is one of the highest rates in the country, according to the U.S. Census Bureau and the Centers for Disease Control and Prevention. Disability advocates say the numbers underscore why access to medical technology and adaptive equipment has become a growing political issue in the state.
“These allow people with disabilities to access physical activities and sports, helping to maintain physical health,” State Rep. Kathleen Cates, a Republican from Rio Rancho, wrote in the Albuquerque Journal. She said the devices also support “medically necessary mobility and positioning needs.”
Supporters say the measure is particularly important for children with disabilities, whose mobility devices need regular adjustment and replacement with age. The legislation also creates a pathway to add additional rehabilitation technologies over time.
A coalition of lawmakers, athletes, and disability-rights organizers supported the passage of the bill, including amputee athlete and advocate Kyle Stepp, State Rep. Liz Thomson of Albuquerque, and State Sen. Liz Stefanics of Cerrillos.
“The show of community support was incredible,” Cates wrote. The legislation would not have succeeded without sustained public pressure at committee hearings throughout the session, she added.
This year’s legislative session approved the new law as part of a more comprehensive package of disability-focused measures.
Lawmakers also passed Senate Bill 64, establishing the Office of Special Education, a statewide office that will connect learners with disabilities to services and improve compliance with disability law. The office is intended to help New Mexico meet obligations under the landmark Yazzie/Martinez education ruling, which found the state had failed to give adequate education to vulnerable students, including children with disabilities.
The Legislature’s abbreviated 30-day session did not approve Cates’ proposed Accessibility Act, or House Bill 295. But the lawmaker vowed to return the measure during next year’s 60-day session.
The proposal would establish a hub overseeing accessibility improvements in government buildings and public facilities across New Mexico. Advocates say the measure could streamline the process for reporting accessibility barriers and seeking solutions from state agencies.
Cates also said she plans to pursue reforms to improve dental care access for residents with disabilities, an issue health advocates increasingly connect to broader medical outcomes.
The recent legislation, according to advocates, reflects a shift in disability policy in New Mexico — not only a healthcare matter, but a matter of civil rights and public participation. “The ability to participate in one’s community on all levels shouldn’t be hindered by disability,” Cates wrote. “New Mexico needs to bring everyone to the table and use our strengths and voices to thrive.”