Chapter 59A — Chapter 59A
1,829 sections in this chapter.
NMSA 1978, § 59A-1-1 Short title
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Chapter 59A NMSA 1978 [except for 59A-30A-1 to 59A-30A-18 NMSA 1978, and 59A-42A-1 to 59A-42A-9 NMSA 1978] shall be known and may be cited as the New Mexico Insurance Code and, in this chapter, may also be referred to as the "Insurance Code". History: 1978 Comp., § 59A-1-1, enact…
NMSA 1978, § 59A-1-10 "Person"; "individual"
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A. "Person" includes an individual, association, organization, reciprocal or Lloyds plan insurer, partnership, firm, syndicate, trust, corporation and every legal entity. B. An "individual" is a natural person, a human being. History: Laws 1984, ch. 127, § 10.
NMSA 1978, § 59A-1-11 "State"
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When used in context indicating a jurisdiction other than New Mexico, "state" means any state, district, commonwealth, territory or possession of the United States of America. History: Laws 1984, ch. 127, § 11.
NMSA 1978, § 59A-1-12 Superintendent
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"Superintendent" means the superintendent of insurance or the superintendent's duly authorized representative acting in official capacity. History: Laws 1984, ch. 127, § 12; 1998, ch. 108, § 33.
NMSA 1978, § 59A-1-13 "Transacting insurance"
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In addition to other aspects of insurance operations to which the Insurance Code by its terms applies, "transacting insurance" with respect to an insurance contract or a business of insurance includes any of the following, by mail or otherwise or whether or not for profit: A. sol…
NMSA 1978, § 59A-1-14 Compliance required
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No person shall transact a business of insurance in New Mexico, or relative to a subject of insurance resident, located or to be performed in New Mexico or elsewhere, without complying with the applicable provisions of the Insurance Code. History: Laws 1984, ch. 127, § 14.
NMSA 1978, § 59A-1-15 Application of the code as to particular types of insurers,
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organization or subjects. No provision of the Insurance Code shall apply to: A. fraternal benefit societies, as identified in Chapter 59A, Article 44 NMSA 1978, except as stated in that article; B. nonprofit health care plans, as identified in Chapter 59A, Article 47 NMSA 1978, e…
NMSA 1978, § 59A-1-16 Exempted from code
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In addition to organizations and businesses otherwise exempt, the Insurance Code shall not apply to: A. a labor organization that, incidental only to operations as a labor organization, issues benefit certificates to members or maintains funds to assist members and their families…
NMSA 1978, § 59A-1-16.1 Charitable gift annuities; exempt from regulation as
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insurance company. A. As used in this section: (1) "charitable gift annuity" means a transfer of cash or other property by a donor to a charitable organization in return for an annuity payable over one or two lives, under which the actuarial value of the annuity is less than the …
NMSA 1978, § 59A-1-17 Particular provisions prevail
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Provisions of the Insurance Code relative to a particular kind of insurance or type of insurer or particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general. History: Laws 1984, ch. 127, § 17.
NMSA 1978, § 59A-1-18 General penalty
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A. Unless the same is defined as a felony under any other law of this state or punishment therefor classifies it otherwise, every violation of the Insurance Code is a petty misdemeanor punishable by a fine not to exceed five hundred dollars ($500). B. Where other monetary penalty…
NMSA 1978, § 59A-1-2 Definitions
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Unless context otherwise requires, words and terms defined in this article and elsewhere in the Insurance Code shall for the purposes of the Insurance Code have the meaning there ascribed. History: Laws 1984, ch. 127, § 2.
NMSA 1978, § 59A-1-3 "Insurance Code"
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"Insurance Code" means the New Mexico Insurance Code. History: Laws 1984, ch. 127, § 3.
NMSA 1978, § 59A-1-4 Repealed
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History: Laws 1984, ch. 127, § 4; 1998, ch. 108, § 31; repealed by Laws 2013, ch. 74, § 40.
NMSA 1978, § 59A-1-5 "Insurance"
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"Insurance" is a contract whereby one undertakes to pay or indemnify another as to loss from certain specified contingencies or perils, or to pay or grant a specified amount or determinable benefit in connection with ascertainable risk contingencies, or to act as surety. History:…
NMSA 1978, § 59A-1-6 Repealed
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ANNOTATIONS Repeals. — Laws 1998, ch. 108, § 81 repealed 59A-1-6 NMSA 1978, as enacted by Laws 1984, ch. 127, § 6, relating to the definition of "insurance board" effective January 1, 1999. For provisions of former section, see the 1997 NMSA 1978 on NMOneSource.com.
NMSA 1978, § 59A-1-7 Insurance department
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"Insurance department", "insurance division" or "division" means the office of superintendent of insurance. History: Laws 1984, ch. 127, § 7; 1998, ch. 108, § 32; 2013, ch. 74, § 8.
NMSA 1978, § 59A-1-8 "Insurer"; "authorized insurer"
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A. "Insurer" includes every person engaged as principal and as indemnitor, surety or contractor in the business of entering into contracts of insurance. B. An "authorized insurer" is a [an] insurer holding a valid and subsisting certificate of authority, issued by the superintend…
NMSA 1978, § 59A-1-8.1 Multiple employer welfare arrangement
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"Multiple employer welfare arrangement" means a plan for providing welfare benefits for employees of more than one employer as defined by 29 U.S.C. Section 1002. History: Laws 1991, ch. 125, § 2.
NMSA 1978, § 59A-1-8.2 Deliver or delivery; definition
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"Deliver" or "delivery" means send to by: A. email and retain an email delivery confirmation; B. electronic transmission through a dedicated two-way communication portal and retain delivery confirmation; C. fax and retain a fax delivery confirmation; D. regular mail; or E. person…
NMSA 1978, § 59A-1-9 "New Mexico"
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"New Mexico" means the state of New Mexico. History: Laws 1984, ch. 127, § 9.
NMSA 1978, § 59A-2-1 Office of superintendent of insurance
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A. The office of superintendent of insurance, created as of July 1, 2013 by Article 11, Section 20 of the constitution of New Mexico, is an adjunct agency pursuant to Section 9-1-6 NMSA 1978. B. All powers relating to state supervision of insurance, insurance rates and rate pract…
NMSA 1978, § 59A-2-10 Orders, notices in general
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A. Orders and notices of the superintendent shall be effective only when in writing signed by him or by his authority. B. Every order of the superintendent shall state its effective date and shall concisely state: (1) what is ordered; (2) the grounds on which the order is based; …
NMSA 1978, § 59A-2-11 Enforcement
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A. The superintendent may invoke the aid of any court of competent jurisdiction through injunction, mandamus or other appropriate process to enjoin any existing or threatened violation of any provision of the Insurance Code or to enforce any order made or action taken by him in p…
NMSA 1978, § 59A-2-12 Records; inspection; destruction
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A. The superintendent shall preserve in the office of superintendent of insurance and in permanent form copies of all notices and orders given or made and of all other papers and records relating to the business and transactions of the office and shall hand the same over to the s…
NMSA 1978, § 59A-2-13 Seal as evidence
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The superintendent shall have an official seal. Every instrument executed by the superintendent in pursuance with law and sealed with such seal shall be received as evidence. Copies of books, records and papers kept or filed in the office of superintendent of insurance pursuant t…
NMSA 1978, § 59A-2-14 Publications; preparation and sale
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A. The superintendent may authorize preparation and sale of bound pamphlet copies of the insurance laws of this state, of rules and regulations adopted pursuant to such laws, and of any other publication which the superintendent, in administration of the insurance laws, deems to …
NMSA 1978, § 59A-2-15 Interstate, federal and international cooperation
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A. On request of the insurance supervisory official of any other state, province or country; of the national association of insurance commissioners or similar association of insurance regulatory officials; or of a federal agency, the superintendent shall communicate to the offici…
NMSA 1978, § 59A-2-15.1 Office of superintendent of insurance; cooperation with
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New Mexico health insurance exchange. The office of superintendent of insurance shall cooperate with the New Mexico health insurance exchange to share information and assist in the implementation of the functions of the exchange. History: Laws 2013, ch. 54, § 10.
NMSA 1978, § 59A-2-16 Nonpreemption
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Nothing contained in the Interstate Insurance Product Regulation Compact [11-19-1 NMSA 1978], nor any decision or action by the interstate insurance product regulation commission, shall preempt, alter or modify any claims or remedies against insurance companies, agents or other p…
NMSA 1978, § 59A-2-17 Reporting
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Until January 1, 2027: A. the office of superintendent of insurance shall report by November 1 of each year to the governor, the legislative finance committee and the interim legislative health and human services committee data regarding the elimination of cost sharing pursuant t…
NMSA 1978, § 59A-2-2 Superintendent; appointment; term; compensation;
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removal. A. The position of superintendent of insurance shall be the chief officer of the office of superintendent of insurance. B. The superintendent shall be appointed by the insurance nominating committee. C. The superintendent shall serve for a term of four years, except that…
NMSA 1978, § 59A-2-2.1 Insurance nominating committee; duties; administrative
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attachment. A. The "insurance nominating committee" is created and consists of nine members, including: (1) four members who are selected by the New Mexico legislative council as follows: (a) two members who shall represent the interests of the insurance industry; (b) two members…
NMSA 1978, § 59A-2-3 Superintendent; qualifications and bond
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The superintendent shall: A. be bonded as provided in the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978]; B. not have a direct financial interest in an insurer, insurance agency or insurance transaction except as a policyholder or a claimant under a policy or as an owner of less …
NMSA 1978, § 59A-2-4 Staff
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The superintendent: A. may hire employees and prescribe their duties and qualifications and fix their compensation pursuant to the Personnel Act [Chapter 10, Article 9 NMSA 1978]; and B. shall designate an employee of the office of superintendent of insurance as chief deputy supe…
NMSA 1978, § 59A-2-7 Delegation of powers
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A. The superintendent may delegate to his deputy, assistant or examiner the exercise or discharge in the superintendent's name of any power, duty or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon or to be performed by the superint…
NMSA 1978, § 59A-2-8 General powers and duties of superintendent
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A. The superintendent shall: (1) organize and manage the office of superintendent of insurance and direct and supervise all its activities; (2) execute the duties imposed upon the superintendent by the Insurance Code [Chapter 59A NMSA 1978]; (3) enforce those provisions of the In…
NMSA 1978, § 59A-2-8.1 Producer licensing; national producer registry; fees
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collected. The division may contract with a nongovernmental entity, including the national association of insurance commissioners or its affiliates or subsidiaries, to perform ministerial functions related to licensure of producers. Fees collected shall be remitted to the divisio…
NMSA 1978, § 59A-2-9 Rules and regulations; promulgation; violation
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A. The superintendent, after a hearing thereon, may make reasonable rules and regulations necessary for or as an aid to administration or effectuation of any provision of the Insurance Code administered by the superintendent, and from time to time withdraw, modify or amend any su…
NMSA 1978, § 59A-2-9.1 Regulations; leased employees
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The superintendent shall adopt and promulgate regulations: A. for defining temporary and leased employees; B. for rating temporary and leased employees; C. to ensure that employers utilize accurate employee classifications; D. to prevent employers from reducing their experience m…
NMSA 1978, § 59A-2-9.10 Reporting
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The office of superintendent of insurance shall report annually to the legislative health and human services committee and the legislative finance committee regarding the implementation, regulation, compliance and enforcement of the provisions of this 2023 act. History: Laws 2023…
NMSA 1978, § 59A-2-9.2 Recompiled
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ANNOTATIONS Recompilations. — Laws 2003, ch. 202, § 15 recompiled former 59A-2-9.2 NMSA 1978, concerning health plan requirements, as 59A-16-21.1 NMSA 1978, effective June 20, 2003.
NMSA 1978, § 59A-2-9.3 Superintendent authorized and directed to promulgate
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privacy rules. The superintendent is authorized to and shall promulgate rules to reasonably protect the privacy of insurance consumers' nonpublic personal information, including personal health and financial information. Rules promulgated pursuant to this section shall meet any a…
NMSA 1978, § 59A-2-9.4 Superintendent of insurance; additional powers
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The superintendent of insurance shall promulgate rules to define minimum coverage for smoking cessation treatment. History: Laws 2003, ch. 337, § 6.
NMSA 1978, § 59A-2-9.5 Repealed
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History: Laws 2003, ch. 235, § 3; 1978 Comp. § 8-8-9.2, recompiled by Laws 2007, ch. 282, § 14; repealed by Laws 2015, ch. 111, § 7.
NMSA 1978, § 59A-2-9.6 Health insurance cooperative; rulemaking
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The superintendent shall adopt rules to govern the registration of health insurance cooperatives, including the registration of cooperative employees, pursuant to Chapter 59A, Article 23 NMSA 1978. History: Laws 2011, ch. 34, § 3.
NMSA 1978, § 59A-2-9.7 Annual report required
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No later than December 1 of each year, the superintendent shall report to the legislature, to the insurance nominating committee and to the governor on the activities of the office of superintendent of insurance during the previous fiscal year. History: Laws 2013, ch. 74, § 14.
NMSA 1978, § 59A-2-9.8 Prior authorization request form; development
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A. On or before January 1, 2014, the division shall jointly develop with the board of pharmacy a uniform prior authorization form that, notwithstanding any other provision of law, a prescribing practitioner in the state shall use to request prior authorization for coverage of pre…
NMSA 1978, § 59A-2-9.9 State innovation waiver application
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The superintendent, in consultation with and pursuant to approval by the governor, is authorized to submit a state innovation waiver application pursuant to Section 1332 of the federal Patient Protection and Affordable Care Act to establish a program relating to access and afford…
NMSA 1978, § 59A-4-1 Scope of article
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Except as otherwise expressly provided as to particular matters in the Insurance Code, the provisions of Chapter 59A, Article 4 NMSA 1978 as to investigations and hearings by the superintendent shall apply as to all persons and operations subject to licensing or supervision under…