New Mexico Register / Volume XXIX, Issue 2 / January
30, 2018
NOTICE OF PROPOSED RULEMAKING
NOTICE IS HEREBY GIVEN that
the Superintendent of Insurance (“Superintendent”), and the New Mexico Office
of Superintendent of Insurance (“OSI”), pursuant to the New Mexico Insurance
Code, Section 59A-1-1 et seq. NMSA
1978 (“Insurance Code”), proposes to promulgate a new rule providing common
definitions for health insurance regulations and other matters, to be codified
in the New Mexico Administrative Code, 13.10.29 NMAC - Health Insurance -
Definitions.
The purpose
of the proposed new rule is to provide a common set of definitions for terms
specific to health insurance that can eventually replace inconsistent
definitions that have been offered over time in various sections of the New
Mexico Administrative Code. It has come to the attention of the Superintendent that inconsistent
use of terms may cause confusion for the public, the insurance industry, and
staff of the New Mexico Office of Superintendent of Insurance (“OSI”).
Statutory authority for promulgation of this rule is found at Sections 59A-2-8, 59A-2-9, 59A-7-3, 59A-18-2, 59A-18-13.2, 59A-18-13.3, 59A-18-16.2, 59A-22-1 et seq., 59A-23-2, 59A-23-3, and 59A-46-1, et seq. NMSA 1978.
The proposed rule may be found on the OSI website at http://www.osi.state.nm.us/, under the “Rulemaking” tab and is incorporated by reference into this NOPR. A copy of the full text of the proposed rule is available by electronic download from the OSI website or the New Mexico Sunshine portal, or by requesting a copy in person at the NM Office of Superintendent of Insurance, 1120 Paseo de Peralta, Santa Fe, NM 87501.
The Superintendent will hold a public comment hearing beginning at 10:00 a.m. on Tuesday, April 17, 2018, at the Office of Superintendent of Insurance, Fourth Floor Hearing Room, PERA Building, 1120 Paseo de Peralta, Santa Fe, New Mexico. Deputy Superintendent Robert Doucette will be the designated hearing examiner in this case.
OSI staff, all insurers, licensees, insurance business entities, other persons transacting insurance business in New Mexico, and the members of the public are encouraged to provide comments or file any written proposals or comments according to the criteria and schedule set forth as follows: (a) oral comments will be accepted at the public hearing from any interested parties; (b) written statements, proposals or comments may be submitted for the record, in lieu of providing oral testimony at the hearing are due no later than 4:00 p.m. on Friday April 6, 2018.
Written responses may
be submitted for the record following the hearing and are due no later than 4:00 pm on Friday, April 19, 2018.
The
Superintendent will consider all oral comments, and will review all timely
submitted written comments and responses. The record shall be closed at 4:00
p.m. on Friday, April 27, 2018.
Any person with a disability requiring special assistance in order to participate in a hearing should contact Melissa Martinez, at 505-476-0333 at least 48 hours prior to the commencement of the hearing.
Written comments, proposals, or
responsive comments may be submitted via email to mariano.romero@state.nm.us or
may be filed by sending original copies to:
OSI Records & Docketing
NM Office of Superintendent of Insurance
Attention: Mariano Romero, Room 331
1120 Paseo de Peralta, P.O. Box 1689, Santa Fe, NM 87504-1689 Docket No. 18-00003-RULE-LH
Only signed statements, proposals or comments will be accepted. Scanned or facsimile signatures or electronic signatures conforming to federal and state court requirements will be accepted with the understanding that if there is any dispute regarding a signature, OSI reserves the right to require that original signatures be provided to verify the electronic or facsimile signature. All filings must be received between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday except on state holidays. Any filings after 4:30 will be filed to the docket the next business day.
DONE AND ORDERED this 30th day of January, 2018.
S/JOHN G. FRANCHINI