New
Mexico Register / Volume XXXII, Issue 16 /August 24, 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 13.10.39
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 and eligible
for Medicaid or other health insurance, and to 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”.
Copies
of the proposed rule will be available on the OSI electronic docket by clicking
here: 2021-0037 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/83654595694
Join via telephone: 1 312 626 6799 Meeting ID: 836 5459 5694
The
Superintendent designates R. Alfred Walker as 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 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.: 2021-0037
IN
THE MATTER OF ADOPTION OF RULES FOR PATIENTS’ DEBT COLLECTION PROTECTIONS, 13.10.39
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.
Spanish
Interpreter Needs: Cualquier persona que necesite un
intérprete de espanol para participar en la audiencia debe enviar un correo electronico a Melissa Gutiérrez a melissa.gutierrez@state.nm.us
diez (10) días hábiles antes de la audiencia.
The Superintendent will
consider all oral comments and will review all timely submitted written
comments and responses.
ISSUED
this 24th day of August, 2021
/S/RUSSELL
TOAL