New Mexico Register / Volume XXXII, Issue 12 /June 22, 2021

NOTICE OF PROPOSED RULEMAKING

NOTICE IS HEREBY GIVEN that the Superintendent of Insurance (“Superintendent”), pursuant to Section 59A-2-9 NMSA 1978, SB 71, enacting a new Section of Chapter 57, NMSA 1978 cited as the “Patients’ Debt Collection Protection Act”, and 13.1.4 NMAC, proposes to repeal and replace Emergency Rule 13.10.29 NMAC: Patients’ Debt Collection Protections.

PURPOSE OF THE PROPOSED REPLACEMENT RULE: The purpose of this rule is to implement the provisions of the Patients’ Debt Collection Protection Act for which the Office of Superintendent of Insurance (“OSI”) is responsible, including provisions that ensure that health care facilities and covered third-party health care providers screen and identify patients who are indigent, eligible for Medicaid or other health insurance, and ensure that medical debt incurred by indigent patients will not be pursued through collection actions.

STATUTORY AUTHORITY: Section 59A-2-9 NMSA 1978 and SB 71, enacting a new Section of Chapter 57, NMSA 1978 cited as the “Patients’ Debt Collection Protection Act”.

No later than August 24, 2021, copies of the proposed rule will be available by electronic download from the OSI website (https://www.osi.state.nm.us/index.php/idms/) or the New Mexico Sunshine Portal or by contacting Melissa Gutierrez at melissa.gutierrez@state.nm.us

OSI will hold a public video/telephonic hearing on the proposed rule on September 27, 2021 at 9:00 a.m.

Join via Video: https://us02web.zoom.us/j/2916274744

Join via telephone: 1-346-248-7799 Meeting ID: 291 627 4744

The Superintendent will designate a hearing officer for this rulemaking who will accept oral comments at the video/telephonic hearing from members of the public and any interested parties.

Written comments and proposals will be accepted through 4:00 pm on September 27, 2021. Responses to written comments or oral comments will be accepted through 4:00 pm on October 7, 2021. Comments may be submitted electronically through OSI’s eDocket system at https://edocket.osi.state.nm.us/

Docket No.: 2021-0037

IN THE MATTER OF ADOPTION OF RULES FOR PATIENTS’ DEBT COLLECTION PROTECTIONS, 13.10.29 NMAC

Only signed statements, proposals, or comments will be accepted. Scanned 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 signature.

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 Gutierrez 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.

ISSUED this 22nd day of June, 2021

/S/RUSSELL TOAL