New Mexico Administrative Code

A. Subject to the limitations of Subsections B and C of this section, a contract may be awarded without competitive sealed proposals regardless of the estimated cost when the board makes a written determination, after conducting a good-faith review of available sources, that ther…

A. A multi-term contract for services (including the furnishing of insurance) except for professional services, in an amount under twenty-five thousand dollars $25,000.00, or more if authorized under Section 13-1-150 NMSA 1978, may be entered into for any period of time deemed to…

A. Amendments to contracts originally entered into pursuant to this rule, may be made pursuant to rules adopted by the secretary of DFA. B. For amendments to contracts originally entered into as sole source procurement pursuant to 2.81.4.13 NMAC. (1) A written determination which…

Notwithstanding other provisions of this rule, an emergency purchase or sole source purchase of professional services may be made. A copy of records of any emergency procurement or sole source purchase of professional services, including the written determination of the basis for…

Any offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the executive director of the NMRHCA. The protest shall be submitted in writing within fifteen calendar days after knowledge of the facts or occurrence giving rise to the protest.

A. Protests must be in writing and addressed to the executive director of the NMRHCA. B. The protest shall: (1) include the name and address of the protestant; (2) include the solicitation number; (3) contain a statement of the grounds for protest; (4) include supporting exhibits…

A. In the event of a timely protest, as defined in 2.81.4.17 NMAC and 2.81.4.18 NMAC, the executive director shall not proceed further with the procurement unless the executive director makes a written determination that the award of the contract is necessary to protect substanti…

This rule applies to all vendors or potential vendors of professional services or insurance services, the NMRHCA, its board, staff and consultants.

A. Upon the filing of a timely protest, the executive director shall give notice of the protest to the contractor if award has been made or, if no award has been made, to all bidders and offerors who appear to have a substantial and reasonable prospect of receiving an award if th…

The executive director may take any action reasonably necessary to resolve a protest. Such actions include, but are not limited to, the following: A. issue a final written determination summarily dismissing the protest; B. obtain information from the staff of the state purchasing…

Upon written request of any party, or upon its own motion, the executive director or board may require parties to comply with discovery requests.

A. Hearings are disfavored and will be held only when the executive director or board determine that substantial material factual issues are present that cannot be resolved satisfactorily through an examination or written document in the record. Any party may request a hearing, b…

A. The executive director shall promptly (the goal is thirty (30) days after receipt of all information or the date of any hearing, whichever is later) issue a written determination relating to the protest. The determination shall: (1) state the reasons for the action taken; and …

A. If, prior to award, the executive director makes a determination that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be cancelled. B. If, after an award, the executive director makes a determination that a s…

A. A motion for reconsideration of a written determination issued pursuant to 2.81.4.24 NMAC may be filed by any party involved in the procurement. The motion for reconsideration shall contain a detailed statement of the factual and legal grounds upon which reversal or modificati…

A. At any point during a protest proceeding the executive director of the board may appoint a designee, to preside over the proceeding. The designee will have all of the powers described in this Rule except the power to issue a written determination under 2.81.4.24 NMAC. The desi…

A. In those proceedings in which no motion for reconsideration is filed, the written determination issued pursuant to 2.81.4.24 NMAC shall be the final determination for purposes of the time limits for seeking judicial review under Section 13-1-183 NMSA 1978. B. Motion for recons…

A. Each party to a protest proceeding shall certify that it has provided every other party with copies of all documents or correspondence addressed or delivered to the executive director or the board. B. No party shall submit to the executive director or the board, ex parte, any …

This rule is promulgated pursuant to the Retiree Health Care Act, the New Mexico Retiree Health Care Act (the "Act"), Sections 10-7C-1 et seq. NMSA 1978.

A. The NMRHCA has the primary responsibility for contract compliance monitoring. The board or its consultant if any, shall audit contracts on a random basis to determine: (1) if the tasks called for in the scope of services have been performed; (2) if the contract was completed i…

A. No voucher for payment of professional services will be approved by the board or its third party administrators, other than a payroll voucher or travel voucher, unless the contract and any amendments to the contract has been approved were required by these rules. All vouchers …

Permanent.

June 15, 1998 unless a later date is cited at the end of a section.

The objective of this rule is to establish requirements for procurement of professional services, consulting and insurance services, and tangible personal property for the authority. The objective is to set out policies whereby maximum competition is stimulated for provision of t…

A. "Retiree health care authority" or "NMRHCA" means the retiree health care authority established by Chapter 6 Laws of New Mexico, 1990 (Sections 10-7C-1 et seq. NMSA 1978). B. "Board" means, the board of directors of the NMRHCA. C. "Group health insurance" means coverage which …

A. Every contract shall be approved by the board only after its general legal counsel has reviewed for and affirmed as in compliance with appropriate provisions of the procurement code and these rules. B. All amendments to contracts shall be subject to review and approval as to f…

NM Retiree Health Care Authority ("NMRHCA").

A. Pursuant to Section 13 B. of the act, for those eligible retirees, spouses, domestic partners, and dependents who desire to participate in the optional plans or list of coverage, collection of additional contributions to pay the cost to the authority of such plans shall be acc…

Any eligible employer that chooses to become a participating employer after December 31, 1997 shall begin making the employer and employee contributions to the fund in the amount determined appropriate by the board on the July 1 immediately following the employer's official choic…

This rule applies to: A. eligible retirees, spouses, domestic partners, and their dependents; B. participating employers; and C. pension administrators.

This rule is promulgated pursuant to the Retiree Health Care Act ("Act"), Sections 10-7C-1 et seq. NMSA 1978.

Permanent.

June 15, 1998, unless a later date is cited at the end of a section.

The objective of this rule is to establish procedures governing the determination of amounts of monthly contributions by eligible retirees, spouses, domestic partners, and dependents for the basic medical plan and optional coverages and to establish procedures for collection of c…

A. "Act" means the Retiree Health Care Act (Sections 10-7C-1 et seq. NMSA 1978) B. "Salary" (1) For those independent public employers and participating employers affiliated with the Public Employees Retirement Act (PERA), "salary" has the meaning ascribed to it as set forth in t…

A. There are also persons employed by independent school bus contractors. They are not owner/drivers. They are employees of bus contractors providing bus services to public school districts and other educational entities. They are eligible to participate in the insurance overages…

Pursuant to the provisions of Section 8 B. of the act, the board of the NMRHCA shall provide for the collection of contributions from eligible retirees, spouses, domestic partners, and dependents which money when combined with other money appropriated to the fund, shall be suffic…

New Mexico Retiree Health Care Authority ("NMRHCA").

Eligible retirees, and their spouses, domestic partners, and dependents, may enroll in optional, voluntary, or supplemental plans such as dental, vision, and life without enrolling in an NMRHCA medical plan of benefits. The eligible retirees and their spouses, domestic partners, …

This rule applies to all eligible retirees, eligible spouses, eligible domestic partners, and eligible dependents authorized to participate in the NMRHCA coverages.

This rule is promulgated pursuant to the Retiree Health Care Act, Sections 10-7C-1 to 16 NMSA 1978.

Permanent.

January 1, 2017 unless a later date is cited at the end of a section.

The objective of this rule is to establish the enrollment policy for eligible retirees, eligible spouses, eligible domestic partners, and dependents authorized to participate in the NMRHCA's coverage. The objective is to establish rules for new eligible retiree, spouse, domestic …

A. "Act" means the Retiree Health Care Act (Sections 10-7 C-1 to 16 NMSA 1978). B. "Domestic partner" means a person at least 18 years of age, not married or a member of another domestic partnership, who is in an exclusive committed relationship with and for the benefit of the re…

An eligible retiree, spouse, domestic partner or dependent shall be enrolled pursuant to his/her actual status at the time of enrollment or at any time thereafter when a change in status occurs. A retiree may add eligible dependents at the time of acquiring them. A retiree may en…

A. Carrier contracts: As to questions of enrollment and eligibility, in the event there is a conflict between the carrier contract with the NMRHCA and this rule the rule will prevail. B. Miscommunication: As to questions of enrollment and eligibility, if miscommunication occurred…

NM Retiree Health Care Authority ("NMRHCA")