Amends Constitution to prohibit denial of coverage by certain health insurers based on preexisting conditions.

ACR113

ASSEMBLY CONCURRENT RESOLUTION No. 113

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Amends Constitution to prohibit denial of coverage by
certain health insurers based on preexisting conditions.

CURRENT VERSION OF TEXT

���� As introduced.

��

A
Concurrent Resolution

proposing to
amend Article I of the New Jersey Constitution by adding a new paragraph
thereto.

����
Be It
Resolved
by the General Assembly of the State
of New Jersey (the Senate concurring):

���� 1.��� The following proposed
amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED
AMENDMENT

���� Amend Article I of the State
Constitution by the addition of the following paragraph:

���� 24.� No health insurance
carrier shall impose any exclusion of benefits on the basis of a preexisting
condition.� An exclusion of benefits occurs when there is any limitation or
exclusion of benefits, including a denial of coverage, based on the fact that a
health condition was present before the effective date of coverage, or if
coverage is denied, before the date of the denial.

���� As used in this paragraph,
�health insurance carrier� means an entity that contracts or offers to contract
to provide, deliver, arrange for, pay for, or reimburse any of the costs of
health care services under a health benefits plan issued in this State,
including: an insurance company authorized to issue health benefits plans; a
health maintenance organization; a health, hospital, or medical service
corporation; a multiple employer welfare arrangement; or the State Health
Benefits Program and the School Employees' Health Benefits Program.� �Carrier�
shall not include an entity providing or administering a self-funded health
benefits plan.

���� 2.��� When this proposed
amendment to the Constitution is finally agreed to pursuant to Article IX,
paragraph 1 of the Constitution, it shall be submitted to the people at the
next general election occurring more than three months after the final
agreement and shall be published at least once in at least one newspaper of
each county designated by the President of the Senate, the Speaker of the
General Assembly and the Secretary of State, not less than three months prior
to the general election.

���� 3.��� This proposed amendment
to the Constitution shall be submitted to the people at that election in the
following manner and form:

���� There shall be printed on each
official ballot to be used at the general election, the following:

���� a.���� In every municipality
in which voting machines are not used, a legend which shall immediately precede
the question as follows:

���� If you favor the proposition
printed below make a cross (X), plus (+), or check (
a
) in the square opposite the word "Yes." If you are
opposed thereto make a cross (X), plus (+) or check (
a
) in the square opposite the
word "No."

���� b.��� In
every municipality the following question:

CONSTITUTIONAL
AMENDMENT TO PROHIBIT PREEXISTING CONDITION EXCLUSION IN HEALTH INSURANCE

YES

��� Do you approve
amending

the State Constitution to stop
health insurers from denying benefits or coverage because of a preexisting
condition?� The amendment would only apply to health insurers that the State
may regulate.

INTERPRETIVE
STATEMENT

NO

��� This amendment to the State
Constitution prohibits health insurers from denying benefits because of a
health condition that existed before the person was insured.� The amendment
only applies to health insurers that the State may regulate.

STATEMENT

���� This amendment to the
Constitution prohibits health insurers from denying benefits because of a
preexisting condition.� A preexisting condition is a health condition that
existed before the person was insured.� The amendment only applies to health
insurers that the State may regulate.

���� As used in the amendment,
�health insurance carrier� means an entity that contracts or offers to contract
to provide, deliver, arrange for, pay for, or reimburse any of the costs of
health care services under a health benefits plan issued in this State,
including: an insurance company authorized to issue health benefits plans; a
health maintenance organization; a health, hospital, or medical service
corporation; a multiple employer welfare arrangement; or the State Health
Benefits Program and the School Employees' Health Benefits Program.� �Carrier�
does not include an entity providing or administering a self-funded health
benefits plan.�

���� The amendment applies only to
health benefits that the State has authority to regulate � insured health
benefits plans offered by private carriers and the two State health benefits
programs.� Self-funded health benefits plans, which are governed exclusively by
federal law pursuant to the �Employee Retirement Income Security Act of 1974,�
are not covered by the amendment.