New
Mexico Register / Volume XXIX, Issue 19 / October 16, 2018
NOTICE OF PROPOSED RULEMAKING
NOTICE IS HEREBY GIVEN that the Superintendent of Insurance
("Superintendent”) upon the Superintendent's own motion, and proceeding
pursuant to the New Mexico Insurance Code, Section 59A-l -1 et seq. NMSA 1978
("Insurance Code"), proposes to repeal and replace the rule pertaining
to the Medicare Supplement Insurance codified at Title 13, Chapter 10, Part 25
of the New Mexico Administrative Code (“NMAC”).
The purpose of the proposed
replacement rule is to implement changes required by a new federal
law that was passed
on April 16, 2015.
The Medicare
Access and CHIP Reauthorization Act of 2015 (MACRA) makes changes to Medigap policies that cover the
Part B deductibles for “newly eligible”
Medicare Beneficiaries on or after January
1, 2020. If adopted as
proposed, the new regulation will repeal the current version of the regulation,
titled “2010 Medicare
Supplement Insurance Standards” (which was effective August 31, 2009) and
replace it with a new rule titled “Medicare Supplement Insurance Minimum
Standards.”
Statutory authority for
promulgation of the proposed new rule is found at Sections 59A-2-8, 59A-2-9,
and 59A-24A-1 et seq. NMSA
1978. Furthermore, OSI has been
informed that states wishing to retain regulatory authority over Medicare
Supplement products in their state must implement
changes impacting Medicare Supplement policies
pursuant to the new federal law. The proposed new rule implements the
necessary changes by adoption of sections from the Model Regulation to Implement the NAIC Medicare Supplement Insurance
Minimum Standards Model Act – NAIC Model #651.
The proposed rule may be
found on the OSI website at http://www.osi.state.nm.us under the “Statutes
& Rulemaking” tab and is incorporated by reference into this Notice of Proposed
Rulemaking. A copy 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 of the OSI
(“Superintendent”) will hold a public comment hearing on the proposed rule
beginning at 1:00 p.m. Monday, November 19, 2018 at the NM Office of
Superintendent of Insurance, 4th Floor Hearing Room, Old PERA Building, 1120
Paseo de Peralta, Santa Fe, New Mexico. The Superintendent or his designee shall act
as the hearing officer for this rulemaking.
OSI staff,
health insurance carriers offering or wishing to offer Medicare Supplement
products in this state, and members of the public are encouraged to
provide oral comments or file any written proposals or comments according to
the criteria and schedule set forth as follows:
Oral comments will be
accepted at the public hearing from any interested person. Written comments may
be submitted for the record prior to the hearing and are due no later than 4:00 p.m. on Friday, October 31, 2018.
Written responses may be submitted no later than Thursday, November 15, 2018.
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 and 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.: 18-00058-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 4:00 p.m., Monday through Friday,
except on state holidays. Any filings received after 4:00 p.m. will be filed to
the docket the next business day.
Any person with a disability
requiring special assistance in order to participate in the hearing should
contact Melissa Martinez, Law Clerk, Office of General Counsel, at 505-476-0333
at least 48 hours prior to the commencement of the hearing.
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 Wednesday,
November 28, 2018.
DONE AND ORDERED this 16th
day of October 2018.
/S/
JOHN G. FRANCHINI