New Mexico Register / Volume XXXVI, Issue 12 / June 24, 2025

NOTICE OF PROPOSED RULEMAKING

NOTICE IS HEREBY GIVEN that the Office of Superintendent of Insurance (OSI or Superintendent) will hold a public hearing in person, via video conference, and via telephone conference regarding a repeal of 13.10.34.24 NMAC, Continuing Education, repeal of 13.10.36 NMAC, Health Care Affordability Fund, and new rule 13.10.37 NMAC, Dental Plan Provider Requirements. This hearing in this rulemaking will commence on Tuesday, July 29, 2025, at 10:00 a.m., MDT.

PURPOSE OF THE PROPOSED RULE: The purpose of this rulemaking is to: 1) repeal the requirements in 13.10.34.24 NMAC, Continuing Education, this rule will be reconsidered and submitted in a future rulemaking; 2) repeal 13.10.36 NMAC, Health Care Affordability Fund, because the authority for the fund was transferred to the Health Care Authority in Senate Bill 14 during the 2024 legislative session, effective on July 1, 2024; and 3) promulgate new rule 13.10.37 NMAC, Dental Plan Provider Credentialing Requirements to comply with the provisions in House Bill 402 enacted in the 2025 legislative session. House Bill 402 is effective on June 20, 2025. House Bill 402 will be codified at 59A-23G-13 NMSA 1978.

STATUTORY AUTHORITY: Sections 14-4-1 et seq., NMSA 1978, State Rules Act, and Sections 59A-2-8, 59A-2-9, and 59A-23G-13 NMSA 1978.

TO ATTEND THE HEARING IN PERSON: Office of Superintendent of Insurance - 1120 Paseo de Peralta, (PERA Building), 4^th Floor Hearing Room, Santa Fe, NM 87501

PLEASE NOTE: The entrance to the PERA Building is on the ground floor. All guests must sign in with the ground floor receptionist, then each guest will be escorted to the 4^th Floor Hearing Room. Please give yourself extra time to check in before 10:00 a.m.

TO ATTEND THE HEARING BY ELECTRONIC VIDEO CONFERENCE VIA MS TEAMS MEETING:

Please copy the link below into your browser to get to the video conference meeting:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjczYjllYWQtZWM5Ny00OTMxLWE1MjYtNmRlM2U3NTU3NjBm%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2292f8d9f0-87c0-44c3-9357-ba0eb6121f10%22%7d

Meeting ID: 259 794 478 970 9

Passcode: p2xy7Xu2

TO ATTEND VIA TELEPHONE: +1 505-312-4308 Phone Conference ID: 661 331 405#

PUBLIC COMMENT: The Superintendent designates Taskeen Naz as the hearing officer for this hearing. Oral comments will be accepted at the public hearing from members of the public and other interested parties in-person or via electronic video conference. Copies of the Notice of Proposed Rulemaking and proposed rule are available by electronic download from the OSI eDocket (https://edocket.osi.state.nm.us/case-view/6133). You may also request copies if the Notice of Proposed Rulemaking and proposed rule by emailing Brenda Newell at: brenda.newell@osi.nm.gov or by phone at: 505-487-0695, email communication is preferred. Any copies of the Notice of Proposed Rulemaking, proposed rules, and any updates concerning the hearing date, time, or location will be available by visiting the OSI website at: https://www.osi.state.nm.us/pages/bureaus/legal/resources/laws-rules or on the Sunshine Portal at: https://statenm.my.salesforce-sites.com/public/SSP_RuleHearingSearchPublic (from the “Agency” drop down menu, select “Office of Superintendent of Insurance”)

Written comments will be accepted through 4:00 p.m. on Thursday, July 24, 2025. Responses to written comments or to oral comments delivered at the hearing will be accepted through 4:00 p.m. on Wednesday, July 30, 2025. All comments shall be filed electronically through the OSI eDocket. Please copy the following link into your browser to get to the eDocket: https://edocket.osi.state.nm.us/case-view/6133

Written comments may be sent via U. S. mail to:

OSI Records and Docketing

NM Office of Superintendent of Insurance

P.O. Box 1689, Santa Fe, NM 87504-1689

Written comments must be received by OSI and stamped as accepted between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday except on state holidays. The Superintendent will consider all oral comments and will review and consider all timely submitted written comments and written responses. For help submitting a filing, please contact osi-docketfiling@state.nm.us. The docket number and title below, must be indicated on all written comments submitted to the OSI:

Docket No. 2025-0092 – Please copy the following link into your browser to get to the eDocket: https://edocket.osi.state.nm.us/case-view/6133

IN THE MATTER OF REPEAL OF 13.10.34.24 NMAC, REPEAL OF 13.10.36 NMAC, AND NEW RULE 13.10.37 NMAC

SPECIAL NEEDS: Any person with a disability requiring special assistance to participate in the hearing should contact Andrea Padilla, at 505-531-7171 no later than ten (10) business days prior to the hearing.