Committee approves amendment, advances bill to require private insurers to cover topical oxygen therapy for diabetic foot ulcers

The House Health & Human Services Committee on Feb. 14 approved an amendment and recommended a due pass on HB 233, a bill that would require private (commercial) insurers to provide coverage for topical oxygen therapy used to treat diabetic foot ulcers.

Sponsor’s case: Representative Hernandez, the bill sponsor, told the committee that New Mexico has high rates of diabetes and diabetes‑related amputations, and that topical oxygen therapy has been shown in studies cited by witnesses to increase healing rates and reduce amputations. Christine Falabell of the American Diabetes Association testified in support, saying the therapy “has been proven to double the healing rates in 12 weeks, reducing hospitalizations by 82 percent and lower amputations by 73 percent.” Dr. William Pelkoshrah, a wound‑care specialist, and disability advocate Nat Dean also spoke to the clinical importance and life‑saving potential of earlier interventions.

Amendment and scope: The sponsor explained that the Office of the Superintendent of Insurance (OSI) requested changes because topical oxygen therapy could be construed as durable medical equipment; committee members noted a drafting error and the sponsor pledged to add language later to limit immediate application to private commercial plans (excluding Medicaid and Medicare) and to pursue a committee substitute in the commerce committee to address coverage for public programs. Representative N. Chavez asked for explicit confirmation that Medicaid (and Medicare) lines of business were excluded in this amendment; the sponsor said commercial lines only were intended in the amendment at this stage.

Committee action: The committee adopted the amendment and then recorded a due pass recommendation on HB 233 (as amended). The sponsor and witnesses said they will pursue a committee substitute to refine language and expand the coverage path later in the process.

Why it matters: Testimony emphasized the public‑health stakes — diabetic foot ulcers are a leading cause of hospitalization and non‑traumatic lower‑extremity amputation in the state — and supporters argued that limiting the treatment’s insurance barriers could prevent hospitalizations and amputations and save downstream health‑care costs.

What’s next: The sponsor said she will work with commerce (where she is the ranking member) to add language on public programs and to simplify the bill with a committee substitute ahead of further committees.