New
Mexico Register / Volume XXX, Issue 22 / November 26, 2019
NOTICE OF PROPOSED RULEMAKING
NOTICE IS HEREBY GIVEN that the Superintendent of Insurance
(Superintendent), upon the Superintendent’s own motion, proceeding pursuant to
the Insurance Code, Section 59A-l -1 et seq. NMSA 1978 (“Insurance Code”) and 13.1.4 NMAC, proposes to permanently adopt emergency rule 13.19.4 NMAC, MULTIPLE
EMPLOYER WELFARE ARRANGEMENTS (“MEWA”).
PURPOSE AND
SUMMARY OF THE PROPOSED RULE The purpose of this rule is to establish eligibility
requirements, registration, reporting, oversight and transparency requirements
for MEWAs. This rule also clarifies the
applicability of state and federal statutes protecting consumers’ access to
care.
STATUTORY AUTHORITY: Sections
59A-1-8, 59A-1-18, 59A-2-9, 59A-4-14, 59A-10-3, 59A-15-17, 59A-15-20, 59A-16-1,
59A-16-27, 59A-18-13.2, 59A-18-13.3, 59A-18-13.5, 59A-23-3, 59A-23C-3 NMSA
1978.
Copies
of the Notice of Proposed Rulemaking and proposed rules are available by
electronic download from the OSI website (https://www.osi.state.nm.us/index.php/legal/) 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.
OSI
will hold a public hearing on the rule on January 9, 2020 at 10:00 a.m., Apodaca
Hall, 2nd Floor of the Old PERA Building, 1120 Paseo De Peralta,
Santa Fe, NM 87501 The Superintendent designates R. Alfred Walker to act as the hearing
officer for this rulemaking. Oral comments will be accepted at the public
hearing from members of the public and any interested parties.
Written comments and proposals will be
accepted through 4:00 pm on the day of the public hearing, or the last day of
the public hearing if the public hearing extends for more than one day. Responses to written comments or oral
comments will be accepted through 4:00 pm on January 20, 2020. Comments may be submitted via email to
OSI-docketfiling@state.nm.us or may be filed by sending original copies to:
OSI
Records and Docketing, NM Office of Superintendent of Insurance
1120
Paseo de Peralta, P.O. Box 1689, Santa Fe, NM 87504-1689
Docket No.:
19-00049-RULE-LH
IN
THE MATTER OF PERMANENTLY ADOPTING EMERGENCY RULE 13.19.4 NMAC, MULTIPLE
EMPLOYER WELFARE ARRANGEMENTS
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 after 4:00 will be
filed to the docket the next business day.
SPECIAL NEEDS: Any person with a disability who is in need
of a reader, amplifier, qualified sign language interpreter, or other auxiliary
aid or service to attend or participate in the hearing should contact Melissa
Martinez at 505-476-0333 ten (10) business days prior to the hearing.
The Superintendent will
consider all oral comments, and will review all timely submitted written
comments and responses.
DONE
AND ORDERED this 26th day of November 2019.
/S/JOHN
G. FRANCHINI