Chapter 59A — Chapter 59A

treatment. A. A blanket or group health insurance policy or contract that is delivered, issued for delivery or renewed in this state shall provide coverage to an insured for: (1) well-baby and well-child screening for diagnosing the presence of autism spectrum disorder; and (2) t…

A. No policy or certificate of group health insurance may be renewed, delivered or issued for delivery in this state to a group formed for the purpose of purchasing one or more policies of group health insurance unless the superintendent has approved the issuance. The superintend…

History: Laws 1997, ch. 243, § 20; repealed by Laws 2021, ch. 108, § 37.

Chapter 59A, Article 23A NMSA 1978 may be cited as the "Long-Term Care Insurance Law". History: Laws 1989, ch. 136, § 1; 1993, ch. 126, § 6.

In addition to any other penalties provided by the laws of this state, any insurer and any agent found to have violated any requirement of this state relating to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a fine of up to thre…

A. Every issuer of long-term care insurance or benefits in this state shall provide a copy of any long-term care insurance advertisement intended for use in this state, whether through written, radio or television media, to the superintendent for review and approval. The advertis…

certification of policies; rulemaking. A. The superintendent shall certify an individual or group insurance policy, insurance plan or certificate of insurance to be qualified state long-term care insurance partnership program insurance when the policy, plan or certificate of insu…

partnership program; disclosures A. A licensed producer that sells or offers for sale an insurance plan, insurance policy, certificate of insurance or rider that is intended to qualify as qualified state long- term care partnership program insurance shall disclose the availabilit…

The purpose of the Long-Term Care Insurance Law is to promote the public interest in and the availability of long-term care insurance policies, protect applicants for long- term care insurance from unfair or deceptive sales or enrollment practices, establish standards for long-te…

The provisions of the Long-Term Care Insurance Law shall apply to policies, certificates or riders delivered or issued for delivery in this state on or after July 1, 1989. The Long-Term Care Insurance Law is not intended to supersede any obligations of any entity to comply with t…

As used in the Long-Term Care Insurance Law: A. "applicant" means: (1) in the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and (2) in the case of a group long-term care insurance policy, the proposed certificate holder; B. …

insurance. No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in Paragraph (4) of Subsection C of Section 59A-23A-4 NMSA 1978, unless the superintendent has determined prior to th…

A. The superintendent may promulgate regulations in accordance with the provisions of Section 59A-2-9 NMSA 1978 that include standards for full and fair disclosure setting forth the manner, content and required disclosures for the sale of long-term care insurance policies, certif…

A. No long-term care insurance policy, certificate or rider, including a group long- term care policy or certificate shall use a definition of preexisting condition that is more restrictive than the following: "preexisting condition" means a condition for which medical advice or …

A. For a policy or certificate that has been in force for less than six months an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is material to the acceptance …

The superintendent shall promulgate regulations in accordance with the provisions of Section 59A-2-9 NMSA 1978 that include minimum standards for marketing practices, agent compensation, agent testing, penalties and reporting practices for long- term care insurance. History: 1978…

History: Laws 1991, ch. 111, § 1; 2010, ch. 95, § 2; repealed by Laws 2019, ch. 259, § 22.

History: Laws 1991, ch. 111, § 10; 1994, ch. 64, § 6; repealed by Laws 2019, ch. 259, § 22.

History: 1978 Comp., § 59A-23B-10.2, enacted by Laws 1994, ch. 64, § 7; repealed by Laws 2019, ch. 259, § 22.

History: Laws 1991, ch. 111, § 11; repealed by Laws 2019, ch. 259, § 22.

History: Laws 2003, ch. 252, § 2; repealed by Laws 2019, ch. 259, § 22.

History: Laws 1991, ch. 111, § 2; repealed by Laws 2019, ch. 259, § 22.

History: Laws 1991, ch. 111, § 3; 1994, ch. 60, § 1; 1997, ch. 249, § 3; 1997, ch. 250, § 3; 2003, ch. 337, § 3; 2008, ch. 87, § 2; repealed by Laws 2019, ch. 259, § 22.

History: Laws 1991, ch. 111, § 4; 1994, ch. 60, § 2; repealed by Laws 2019, ch. 259, § 22.

History: Laws 1991, ch. 111, § 5; 2017, ch. 130, § 16; repealed by Laws 2019, ch. 259, § 22.

History: Laws 1991, ch. 111, § 6; 1994, ch. 60, § 3; 1997, ch. 22, § 2; 1997, ch. 243, § 21; 1998, ch. 41, § 3; 2010, ch. 95, § 3; repealed by Laws 2019, ch. 259, § 22.

History: Laws 1991, ch. 111, § 7; repealed by Laws 2019, ch. 259, § 22.

History: Laws 1991, ch. 111, § 8; repealed by Laws 2019, ch. 259, § 22.

History: Laws 1991, ch. 111, § 9; repealed by Laws 2019, ch. 259, § 22.

Chapter 59A, Article 23C NMSA 1978 may be cited as the "Small Group Rate and Renewability Act". History: Laws 1991, ch. 153, § 1; 1994, ch. 75, § 29.

A. A health insurer shall make reimbursement for direct services at a level not less than eighty-five percent of premiums across all health product lines over the preceding three calendar years, but not earlier than calendar year 2010, as determined by reports filed with the offi…

The purpose of the Small Group Rate and Renewability Act is to promote the continuing availability of health insurance coverage to small employers, to prevent abusive rating practices, to require disclosure of rating practices to purchasers, to establish rules for continuity of c…

As used in the Small Group Rate and Renewability Act: A. "actuarial certification" means a written statement by a member of the American academy of actuaries or another individual acceptable to the superintendent that a small employer carrier is in compliance with the provisions …

and Renewability Act. A. Except as provided in Subsections B and C of this section, the provisions of the Small Group Rate and Renewability Act apply to any health benefit plan that provides coverage to one or more employees of a small employer. B. The provisions of the Small Gro…

History: Laws 1991, ch. 153, § 5; 1994, ch. 75, § 31; 1997, ch. 243, § 23; repealed by Laws 2019, ch. 259, § 22.

A. A health benefit plan that is offered by a carrier to a small employer shall be offered without regard to the health status of any individual in the group, except as provided in the Small Group Rate and Renewability Act. The only rating factors that may be used to determine th…

A. Except as provided in Subsection B of this section, a health benefit plan subject to the Small Group Rate and Renewability Act shall be renewable to all eligible employees and dependents at the option of the small employer, except for the following reasons: (1) nonpayment of r…

provisions. Each small employer carrier shall make reasonable disclosure in solicitation and sales materials provided to small employers of the following: A. the provisions concerning the carriers' right to change premium rates and the factors that affect changes in premium rates…

History: Laws 1994, ch. 75, § 32; 1997, ch. 243, § 25; repealed by Laws 2019, ch. 259, § 22.

A. Each small employer carrier shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation that demonstrate that its rating methods and practices are base…

Employer claims information, including utilization and loss experience under health insurance under a group health plan, a health benefit plan or a plan provided under Chapter 59A, Article 23C NMSA 1978 shall be made available only upon the request of and to employers of employee…

The superintendent may suspend all or any part of Section 5 [59A-23C-5 NMSA 1978] of the Small Group Rate and Renewability Act as to the premium rates applicable to one or more small employers for one or more rating periods upon a filing by the small employer carrier and a findin…

Chapter 59A, Article 23D NMSA 1978 may be cited as the "Medical Care Savings Account Act". History: Laws 1995, ch. 93, § 1; 1997, ch. 243, § 26; 1997, ch. 254, § 1.

As used in the Medical Care Savings Account Act: A. "account administrator" means any of the following that administers medical care savings accounts: (1) a national or state-chartered bank, savings and loan association, savings bank or credit union; (2) a trust company authorize…

department powers and duties. A. An account administrator shall register annually with the department and pay an annual registration fee of twenty-five dollars ($25.00). The registration fee shall be deposited in the general fund. Registration as an account administrator does not…

A. Except as otherwise provided by statute, contract or collective bargaining agreement, an employer may establish a medical care savings account program for his employees. B. In establishing the program, the employer shall: (1) provide a qualified higher deductible health plan f…

responsibilities. A. An employer, in conjunction with an account administrator, shall provide a current written statement to employees that details how money in their medical care savings accounts is or will be invested and the rate of return employees may reasonably anticipate o…

A. An employee may withdraw money without penalty from his medical care savings account for a purpose other than payment of eligible medical expenses when the employee attains the age specified in Section 1811 of the Social Security Act. An employee may also withdraw money withou…

A. The superintendent shall report to the legislature on or before December 1, 1999 on the availability of health care coverage pursuant to the Medical Care Savings Account Act and the market share of programs in comparison with traditional employer- provided health insurance pro…