0001| SENATE BILL 7
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL
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0003| SESSION, 1996
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0004| INTRODUCED BY
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0005| EMMIT M. JENNINGS
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO MEDICAL INSURANCE COVERAGE; ALLEVIATING ADDITIONAL
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0013| BURDENS PLACED ON THE MEDICAID PROGRAM AND THE STATE'S
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0014| RESPONSIBILITY UNDER THAT PROGRAM; AMENDING AND ENACTING
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0015| SECTIONS OF THE NMSA 1978; REPEALING A SECTION OF LAWS 1994.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 59A-56-2 NMSA 1978 (being Laws 1994,
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0019| Chapter 75, Section 2) is amended to read:
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0020| "59A-56-2. PURPOSE OF ACT.--The purpose of the Health
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0021| Insurance Alliance Act is to provide increased access to
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0022| voluntary health insurance coverage in New Mexico. An
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0023| additional purpose of the Health Insurance Alliance Act is to
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0024| provide for the development of plans for health insurance
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0025| coverage for children, small employers and individuals. To the
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0001| extent that the Health Insurance Alliance Act continues to
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0002| provide increased access to voluntary health insurance coverage,
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0003| another purpose of the Health Insurance Alliance Act is to
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0004| alleviate increased burdens placed on the medicaid program and
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0005| to alleviate the responsibility of the human services department
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0006| to make additional medicaid expenditures for those persons who
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0007| may be forced to become medicaid eligible instead of being able
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0008| to enroll in the health insurance alliance."
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0009| Section 2. Section 59A-54-12 NMSA 1978 (being Laws 1987,
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0010| Chapter 154, Section 12, as amended) is amended to read:
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0011| "59A-54-12. ELIGIBILITY--POLICY PROVISIONS.--
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0012| A. Except as provided in Subsection I of this
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0013| section, a person is eligible for a pool policy only if on the
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0014| effective date of coverage or renewal of coverage the person is
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0015| a New Mexico resident and:
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0016| (1) is not eligible as an insured or covered
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0017| dependent for any health plan that provides coverage for
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0018| comprehensive major medical or comprehensive physician and
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0019| hospital services;
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0020| (2) is only eligible for a health plan that is
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0021| offered at a rate higher than that available from the pool;
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0022| (3) has been rejected for coverage for
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0023| comprehensive major medical or comprehensive physician and
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0024| hospital services; or
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0025| (4) is only eligible for a health plan with a
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0001| rider, waiver or restrictive provision for that particular
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0002| individual based on a specific condition.
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0003| B. Coverage under a pool policy is in excess of and
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0004| shall not duplicate coverage under any other form of health
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0005| insurance.
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0006| C. A pool policy shall provide that coverage of a
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0007| dependent unmarried person terminates when the person becomes
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0008| nineteen years of age or, if the person is enrolled full time in
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0009| an accredited educational institution, when he becomes twenty-five years of age. The policy shall also provide in substance
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0010| that attainment of the limiting age does not operate to
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0011| terminate coverage when the person is and continues to be:
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0012| (1) incapable of self-sustaining employment by
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0013| reason of mental retardation or physical handicap; and
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0014| (2) primarily dependent for support and
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0015| maintenance upon the person in whose name the contract is
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0016| issued.
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0017| Proof of incapacity and dependency shall be furnished to
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0018| the insurer within one hundred twenty days of attainment of the
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0019| limiting age and subsequently as required by the insurer but not
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0020| more frequently than annually after the two-year period
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0021| following attainment of the limiting age.
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0022| D. A pool policy that provides coverage for a family
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0023| member of the person in whose name the contract is issued shall,
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0024| as to the coverage of the family member or the individual in
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0025| whose name the contract was issued, provide that the health
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0001| insurance benefits applicable for children are payable with
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0002| respect to a newly born child of the family member or the person
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0003| in whose name the contract is issued from the moment of coverage
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0004| of injury or illness, including the necessary care and treatment
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0005| of medically diagnosed congenital defects and birth
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0006| abnormalities. If payment of a specific premium is required to
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0007| provide coverage for the child, the contract may require that
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0008| notification of the birth of a child and payment of the required
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0009| premium shall be furnished to the carrier within thirty-one days
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0010| after the date of birth in order to have the coverage continued
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0011| beyond the thirty-one day period.
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0012| E. A pool policy may contain provisions under which
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0013| coverage is excluded during a six-month period following the
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0014| effective date of coverage as to a given individual for pre-existing conditions, as long as either of the following exists:
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0015| (1) the condition has manifested itself within
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0016| a period of six months before the effective date of coverage in
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0017| such a manner as would cause an ordinarily prudent person to
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0018| seek diagnoses or treatment; or
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0019| (2) medical advice or treatment was recommended
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0020| or received within a period of six months before the effective
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0021| date of coverage.
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0022| F. The pre-existing condition exclusions described
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0023| in Subsection E of this section shall be waived to the extent to
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0024| which similar exclusions have been satisfied under any prior
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0025| health insurance coverage that was involuntarily terminated, if
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0001| the application for pool coverage is made not later than thirty-one days following the involuntary termination. In that case,
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0002| coverage in the pool shall be effective from the date on which
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0003| the prior coverage was terminated. This subsection does not
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0004| prohibit pre-existing conditions coverage in a pool policy that
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0005| is more favorable to the insured than that specified in this
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0006| subsection.
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0007| G. An individual is not eligible for coverage by the
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0008| pool if:
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0009| (1) he is, at the time of application, eligible
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0010| for medicare or medicaid, which would provide coverage for
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0011| amounts in excess of limited policies such as dread disease,
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0012| cancer policies or hospital indemnity policies;
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0013| (2) he has terminated coverage by the pool
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0014| within the past twelve months; or
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0015| (3) he is an inmate of a public institution or
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0016| is eligible for public programs for which medical care is
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0017| provided.
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0018| H. Any person whose health insurance coverage from a
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0019| qualified state health policy with similar coverage is
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0020| terminated because of nonresidency in another state may apply
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0021| for coverage under the pool. If the coverage is applied for
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0022| within thirty-one days after that termination and if premiums
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0023| are paid for the entire coverage period, the effective date of
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0024| the coverage shall be the date of termination of the previous
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0025| coverage.
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0001| I. A person's eligibility for a policy issued under
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0002| the Health Insurance Alliance Act shall not preclude a person
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0003| from remaining on a pool policy, and a self-employed person who
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0004| qualifies for an approved health plan under the Health Insurance
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0005| Alliance Act by using a dependent as the second employee may
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0006| choose a pool policy in lieu of the health plan under that act."
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0007| Section 3. Section 59A-56-3 NMSA 1978 (being Laws 1994,
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0008| Chapter 75, Section 3) is amended to read:
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0009| "59A-56-3. DEFINITIONS.--As used in the Health Insurance
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0010| Alliance Act:
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0011| A. "alliance" means the New Mexico health insurance
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0012| alliance;
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0013| B. "approved health plan" means any arrangement for
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0014| the provision of health insurance offered through and approved
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0015| by the alliance;
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0016| C. "board" means the board of directors of the
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0017| alliance;
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0018| D. "child" means a dependent unmarried individual
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0019| who is less than nineteen years of age or an unmarried
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0020| individual who is enrolled full time in an accredited
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0021| educational institution until the individual becomes twenty-five
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0022| years of age;
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0023| E. "department" means the department of insurance;
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0024| F. "director" means an individual who serves on the
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0025| board;
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0001| G. "earned premiums" means premiums paid or due
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0002| during a calendar year for coverage under an approved health
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0003| plan less any unearned premiums at the end of that calendar year
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0004| plus any unearned premiums from the end of the immediately
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0005| preceding calendar year;
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0006| H. "eligible expenses" means the allowable charges
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0007| for a health care service covered under an approved health plan;
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0008| I. "gross earned premiums" means premiums paid or
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0009| due during a calender year for all health insurance written in
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0010| the state less any unearned premiums at the end of that calendar
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0011| year plus any unearned premiums from the end of the immediately
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0012| preceding calendar year;
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0013| J. "health care service" means a service or product
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0014| furnished an individual for the purpose of preventing,
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0015| alleviating, curing or healing human illness or injury and
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0016| includes services and products incidental to furnishing the
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0017| described services or products;
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0018| K. "health insurance" means "health" insurance as
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0019| defined in Section 59A-7-3 NMSA 1978; any hospital and medical
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0020| expense-incurred policy, including medicare supplement
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0021| insurance; nonprofit health care plan service contract; health
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0022| maintenance organization subscriber contract; short-term,
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0023| accident, fixed indemnity, specified disease policy, long-term
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0024| care or disability income insurance contracts and limited health
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0025| benefit or credit health insurance; coverage for health care
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0001| services under uninsured arrangements of group or group-type
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0002| contracts, including employer self-insured, cost-plus or other
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0003| benefits methodologies not involving insurance or not subject to
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0004| New Mexico premium taxes; coverage for health care services
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0005| under group-type contracts that are not available to the general
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0006| public and can be obtained only because of connection with a
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0007| particular organization or group; or coverage by medicare or
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0008| other governmental programs providing health care services; but
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0009| "health insurance" does not include insurance issued pursuant to
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0010| provisions of the Workers' Compensation Act or similar law,
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0011| automobile medical payment insurance or provisions by which
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0012| benefits are payable with or without regard to fault that are
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0013| required by law to be contained in any liability insurance
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0014| policy;
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0015| L. "health maintenance organization" means a health
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0016| maintenance organization as defined by Subsection M of Section
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0017| 59A-46-2 NMSA 1978;
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0018| M. "incurred claims" means claims paid during a
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0019| calendar year plus claims incurred in the calendar year and paid
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0020| prior to April 1 of the succeeding year, less claims incurred
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0021| previous to the current calendar year and paid prior to April 1
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0022| of the current year;
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0023| N. "insured" means a small employer or its employee
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0024| and an individual covered by an approved health plan, a former
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0025| employee of a small employer who is covered by an approved
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0001| health plan through conversion or an individual covered by an
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0002| approved health plan that allows individual enrollment;
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0003| O. "medicare" means coverage under both Parts A and
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0004| B of Title 18 of the federal Social Security Act;
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0005| P. "member" means a member of the alliance;
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0006| Q. "nonprofit health care plan" means a "health care
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0007| plan" as defined in Subsection K of Section 59A-47-3 NMSA 1978;
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0008| R. "premiums" means the premiums received for
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0009| coverage under an approved health plan during a calendar year;
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0010| S. "small employer" means a person that is a
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0011| resident of this state, has employees at least fifty percent of
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0012| whom are residents of this state, is actively engaged in
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0013| business and that on at least fifty percent of its working days
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0014| during the preceding calendar year employed no fewer than two
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0015| and no more than fifty eligible employees; provided that: (1) in determining the number of eligible employees,
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0016| the spouse or dependent of an employee may, at the employer's
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0017| discretion, be counted as a separate employee; and
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0018| (2) companies that are eligible to file a
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0019| combined tax return or a consolidated tax return for purposes of
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0020| state income taxation shall be considered one employer;
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0021| T. "superintendent" means the superintendent of
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0022| insurance;
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0023| U. "total premiums" means the total premiums for
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0024| business written in the state received during a calendar year;
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0025| and
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0001| V. "unearned premiums" means the portion of a
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0002| premium previously paid for which the coverage period is in the
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0003| future."
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0004| Section 4. Section 59A-56-4 NMSA 1978 (being Laws 1994,
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0005| Chapter 75, Section 4) is amended to read:
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0006| "59A-56-4. ALLIANCE CREATED--BOARD CREATED.--
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0007| A. The "New Mexico health insurance alliance" is
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0008| created as a nonprofit public corporation for the purpose of
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0009| providing increased access to health insurance in the state.
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0010| All insurance companies authorized to transact health insurance
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0011| business in this state, nonprofit health care plans, health
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0012| maintenance organizations and self-insurers not subject to
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0013| federal preemption shall organize and be members of the alliance
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0014| as a condition of their authority to offer health insurance in
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0015| this state, except for an insurance company that is licensed
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0016| under the Prepaid Dental Plan Law or a company that is solely
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0017| engaged in the sale of dental insurance and is licensed under a
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0018| provision of the Insurance Code. The alliance is not a
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0019| governmental agency for any purpose.
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0020| B. The alliance shall be governed by a board of
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0021| directors constituted pursuant to the provisions of this
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0022| section. The board is a governmental entity for purposes of the
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0023| Tort Claims Act, but the board shall not be considered a
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0024| governmental entity for any other purpose.
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0025| C. The superintendent shall, within sixty days after
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0001| March 4, 1994, give notice to all members of the time and place
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0002| for the initial organizational meeting of the alliance. Each
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0003| member shall be entitled to one vote in person or by proxy at
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0004| the organizational meeting.
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0005| D. The alliance shall operate subject to the
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0006| supervision and approval of the board. The board shall consist
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0007| of:
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0008| (1) five directors, elected by the members, who
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0009| shall be officers or employees of members and shall consist of
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0010| one representative of a nonprofit health care plan, two
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0011| representatives of health maintenance organizations and two
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0012| representatives of other types of members;
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0013| (2) five directors, appointed by the governor,
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0014| who shall be officers, general partners or proprietors of small
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0015| employers who, after the term of the initial appointments, are
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0016| covered by approved health plans;
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0017| (3) four directors appointed by the governor,
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0018| who shall be employees of small employers, and who, after the
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0019| term of the initial appointments, are employees of small
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0020| employers covered by approved health plans; and
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0021| (4) the superintendent or his designee, who
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0022| shall be a nonvoting member except when his vote is necessary to
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0023| break a tie.
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0024| E. The superintendent shall serve as chair of the
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0025| board unless he declines, in which event he shall appoint the
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0001| chair.
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0002| F. The directors elected by the members shall be
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0003| elected for initial terms of three years or less, staggered so
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0004| that the term of at least one director expires on June 30 of
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0005| each year. The directors appointed by the governor shall be
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0006| appointed for initial terms of three years or less, staggered so
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0007| that the term of at least one director expires on June 30 of
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0008| each year. Following the initial terms, directors shall be
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0009| elected or appointed for terms of three years. A director
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0010| whose term has expired shall continue to serve until his
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0011| successor is elected or appointed.
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0012| G. Whenever a vacancy on the board occurs, the
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0013| electing or appointing authority of the director's position that
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0014| is vacant shall fill the vacancy by electing or appointing an
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0015| individual to serve the balance of the unexpired term; provided,
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0016| when a vacancy occurs in one of the director's positions elected
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0017| by the members, the superintendent is authorized to appoint a
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0018| temporary replacement director until the next scheduled election
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0019| of directors elected by the members is held. The individual
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0020| elected or appointed to fill a vacancy shall meet the
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0021| requirements for initial election or appointment to that
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0022| position.
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0023| H. Directors may be reimbursed by the alliance as
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0024| provided in the Per Diem and Mileage Act in the same manner and
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0025| amounts as nonsalaried public officers, but shall receive no
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0001| other compensation, perquisite or allowance from the alliance."
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0002| Section 5. Section 59A-56-5 NMSA 1978 (being Laws 1994,
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0003| Chapter 75, Section 5) is amended to read:
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0004| "59A-56-5. PLAN OF OPERATION.--
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0005| A. The board shall submit a plan of operation to the
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0006| superintendent and any amendments to the plan necessary or
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0007| suitable to assure the fair, reasonable and equitable
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0008| administration of the alliance.
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0009| B. The superintendent shall, after notice and
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0010| hearing, approve the plan of operation if it is determined to
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0011| assure the fair, reasonable and equitable administration of the
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0012| alliance. The plan of operation shall become effective upon
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0013| written approval of the superintendent consistent with the date
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0014| on which health insurance coverage through the alliance pursuant
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0015| to the provisions of the Health Insurance Alliance Act is made
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0016| available. A plan of operation adopted by the superintendent
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0017| shall continue in force until modified by him or superseded by a
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0018| subsequent plan of operation submitted by the board and approved
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0019| by the superintendent.
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0020| C. The plan of operation shall:
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0021| (1) establish procedures for the handling and
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0022| accounting of assets of the alliance;
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0023| (2) establish regular times and places for
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0024| meetings of the board;
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0025| (3) establish procedures for records to be kept
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0001| of all financial transactions and for annual fiscal reporting to
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0002| the superintendent;
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0003| (4) establish the amount of and the method for
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0004| collecting assessments pursuant to Section 59A-56-11 NMSA 1978;
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0005| (5) establish a program to publicize the
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0006| existence of the alliance, the approved health plans, the
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0007| eligibility requirements and procedures for enrollment in an
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0008| approved health plan and to maintain public awareness of the
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0009| alliance;
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0010| (6) establish penalties for nonpayment of
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0011| assessments by members;
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0012| (7) establish procedures for alternative
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0013| dispute resolution of disputes between members and insureds; and
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0014| (8) contain additional provisions necessary and
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0015| proper for the execution of the powers and duties of the
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0016| alliance."
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0017| Section 6. Section 59A-56-6 NMSA 1978 (being Laws 1994,
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0018| Chapter 75, Section 6) is amended to read:
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0019| "59A-56-6. BOARD--POWERS AND DUTIES.--
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0020| A. The board shall have the general powers and
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0021| authority granted to insurance companies licensed to transact
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0022| health insurance business under the laws of this state.
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0023| B. The board:
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0024| (1) may enter into contracts to carry out the
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0025| provisions of the Health Insurance Alliance Act, including, with
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0001| the approval of the superintendent, contracting with similar
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0002| alliances of other states for the joint performance of common
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0003| administrative functions or with persons or other organizations
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0004| for the performance of administrative functions;
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0005| (2) may sue and be sued;
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0006| (3) may conduct periodic audits of the members
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0007| to assure the general accuracy of the financial data submitted
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0008| to the alliance;
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0009| (4) shall establish maximum rate schedules,
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0010| allowable rate adjustments, administrative allowances,
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0011| reinsurance premiums and agent referral, servicing fees or
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0012| commissions subject to applicable provisions in the Insurance
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0013| Code. In determining the initial year's rate for health
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0014| insurance, the only rating factors that may be used are age,
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0015| gender, geographic area of the place of employment and smoking
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0016| practices. In any year's rate, the difference in rates in any
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0017| one age group that may be charged on the basis of a person's
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0018| gender shall not exceed another person's rates in the age group
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0019| by more than twenty percent of the lower rate, and no person's
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0020| rate shall exceed the rate of any other person with similar
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0021| family composition by more than two hundred fifty percent of the
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0022| lower rate, except that the rates for children under the age of
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0023| nineteen may be lower than the bottom rates in the two hundred
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0024| fifty percent band. The rating factor restrictions shall not
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0025| prohibit a member from offering rates that differ depending upon
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0001| family composition;
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0002| (5) may direct a member to issue policies or
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0003| certificates of coverage of health insurance in accordance with
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0004| the requirements of the Health Insurance Alliance Act;
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0005| (6) shall establish procedures for alternative
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0006| dispute resolution of disputes between members and insureds;
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0007| (7) shall cause the alliance to have an annual
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0008| audit of its operations by an independent certified public
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0009| accountant;
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0010| (8) shall conduct all board meetings as if it
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0011| were subject to the provisions of the Open Meetings Act;
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0012| (9) shall draft one or more sample health
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0013| insurance policies that are the prototype documents for the
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0014| members;
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0015| (10) shall determine the design criteria to be
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0016| met for an approved health plan;
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0017| (11) shall review each proposed approved health
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0018| plan to determine if it meets the alliance designed criteria
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0019| and, if it does meet the criteria, approve the plan, but the
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0020| board shall not permit more than one approved health plan per
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0021| member for each set of plan design criteria;
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0022| (12) shall review annually each approved health
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0023| plan to determine if it still qualifies as an approved health
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0024| plan based on the alliance designed criteria and, if the plan is
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0025| no longer approved, arrange for the transfer of the insureds
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0001| covered under the formerly approved plan to an approved health
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0002| plan;
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0003| (13) may terminate an approved health plan not
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0004| operating as required by the board;
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0005| (14) shall terminate an approved health plan if
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0006| timely claim payments are not made pursuant to the plan; and
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0007| (15) shall engage in significant marketing
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0008| activities, including a program of media advertising, to inform
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0009| small employers and eligible individuals of the existence of the
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0010| alliance, its purpose and the health insurance available or
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0011| potentially available through the alliance.
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0012| C. The alliance is subject to and responsible for
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0013| examination by the superintendent. No later than March 1 of
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0014| each year, the board shall submit to the superintendent an
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0015| audited financial report for the preceding calendar year in a
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0016| form approved by the superintendent."
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0017| Section 7. Section 59A-56-8 NMSA 1978 (being Laws 1994,
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0018| Chapter 75, Section 8) is amended to read:
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0019| "59A-56-8. APPROVED HEALTH PLAN.--
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0020| A. An approved health plan shall conform to the
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0021| alliance's approved health plan design criteria. The board may
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0022| allow more than one plan design for approved health plans. A
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0023| member may provide one approved health plan for each plan design
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0024| approved by the board.
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0025| B. The board shall designate plan designs for
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0001| standard approved health plans. The board may designate plan
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0002| designs for an approved health plan that provides catastrophic
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0003| coverage or other benefit plan designs.
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0004| C. Each approved health plan shall offer a premium
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0005| that is no greater than ten percent over and no less than ten
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0006| percent under the average of the standard rate index for plans
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0007| with the same characteristics.
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0008| D. Any member that provides or offers to renew a
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0009| group health insurance contract providing health insurance
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0010| benefits to employees of the state, a county, a municipality or
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0011| a school district for which public funds are contributed shall
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0012| offer at least one approved health plan to small employers;
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0013| provided, however, if a member does not offer anywhere in the
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0014| United States a plan that meets substantially the design
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0015| criteria of an approved health plan, the member shall not be
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0016| required to offer an approved health plan.
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0017| E. If a plan design approved by the board is not
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0018| offered by any member already offering an approved health plan,
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0019| but a member offers a substantially similar plan design outside
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0020| the alliance, the board may require the member to offer that
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0021| plan design as an approved health plan through the alliance.
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0022| F. An approved health plan shall be offered for at
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0023| least five consecutive years following the date last required in
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0024| accordance with Subsection D of this section or after notifying
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0025| the board of its future withdrawal if not required in accordance
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0001| with Subsection D of this section unless:
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0002| (1) the member substitutes another approved
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0003| health plan for the plan withdrawn; or
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0004| (2) the board allows the plan to be withdrawn
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0005| because it imposes a serious hardship upon the member.
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0006| G. No member shall be required to offer an approved
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0007| health plan if the member notifies the superintendent in writing
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0008| that it will no longer offer health insurance, life insurance or
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0009| annuities in the state, except for renewal of existing
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0010| contracts, provided that:
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0011| (1) the member does not offer or provide health
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0012| insurance, life insurance or annuities for a period of five
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0013| years from the date of notification to the superintendent to any
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0014| person in the state who is not covered by the member through a
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0015| health insurance policy in effect on the date of the
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0016| notification; and
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0017| (2) with respect to health or life insurance
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0018| policies or annuities in effect on the date of notification to
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0019| the superintendent, the member continues to comply with all
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0020| applicable laws and regulations governing the provision of
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0021| insurance in this state, including the payment of applicable
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0022| taxes, fees and assessments."
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0023| Section 8. Section 59A-56-9 NMSA 1978 (being Laws 1994,
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0024| Chapter 75, Section 9) is amended to read:
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0025| "59A-56-9. REINSURANCE.--
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0001| A. A member offering an approved health plan shall
|
0002| be reinsured for certain losses by the alliance. Within six
|
0003| months following the end of each calendar year in which the
|
0004| member offering the approved health plan paid more in incurred
|
0005| claims, plus the member's reinsurance premium pursuant to
|
0006| Subsection B of this section, than eighty-five percent of earned
|
0007| premiums received by the member on all approved health plans
|
0008| issued by the member, the member shall receive from the alliance
|
0009| the excess amount for the calendar year by which the incurred
|
0010| claims and reinsurance premium exceeded eighty-five percent of
|
0011| the earned premiums received by the alliance or its
|
0012| administrator.
|
0013| B. The alliance shall withhold from all premiums
|
0014| that it receives a reinsurance premium as established by the
|
0015| board. The reinsurance premium shall not exceed five percent of
|
0016| premiums paid in the first year of coverage and shall not exceed
|
0017| ten percent of premiums for renewal years. In determining the
|
0018| reinsurance premium for a particular calendar year, the board
|
0019| shall set the reinsurance premium at a rate that will recover
|
0020| the total reinsurance loss for the preceding year over a
|
0021| reasonable number of years in accordance with sound actuarial
|
0022| principles."
|
0023| Section 9. Section 59A-56-10 NMSA 1978 (being Laws 1994,
|
0024| Chapter 75, Section 10) is amended to read:
|
0025| "59A-56-10. ADMINISTRATION.--The alliance shall deduct
|
0001| from premiums collected for approved health plans an
|
0002| administrative charge as set by the board. The administrative
|
0003| charge shall be determined before the beginning of each calendar
|
0004| year. The maximum administrative charge the alliance may charge
|
0005| is ten percent of premiums in the first year and five percent of
|
0006| premiums in renewal years."
|
0007| Section 10. Section 59A-56-11 NMSA 1978 (being Laws 1994,
|
0008| Chapter 75, Section 11) is amended to read:
|
0009| "59A-56-11. ASSESSMENTS.--
|
0010| A. After the completion of each calendar year, the
|
0011| alliance shall assess all its members for the net reinsurance
|
0012| loss in the previous calendar year and for the net
|
0013| administrative loss that occurred in the previous calendar year,
|
0014| taking into account investment income for the period and other
|
0015| appropriate gains and losses using the following definitions:
|
0016| (1) net reinsurance losses shall be the amount
|
0017| determined for the previous calendar year in accordance with
|
0018| Subsection A of Section 59A-56-9 NMSA 1978 for all members
|
0019| offering an approved health plan reduced by reinsurance premiums
|
0020| charged by the alliance in the previous calendar year; and
|
0021| (2) net administrative losses shall be the
|
0022| administrative expenses incurred by the alliance in the previous
|
0023| calendar year and projected for the current calendar year less
|
0024| the sum of administrative allowances received by the alliance
|
0025| and any legislative appropriation for the period, but, in the
|
0001| event of an administrative gain, net administrative losses for
|
0002| the purpose of assessments shall be considered zero, and the
|
0003| gain shall be carried forward to the administrative fund for the
|
0004| next calendar year as an additional allowance.
|
0005| B. The assessment for each member shall be
|
0006| determined by multiplying the total losses of the alliance's
|
0007| operation, as defined in Subsection A of this section, by a
|
0008| fraction, the numerator of which is an amount equal to that
|
0009| member's total premiums, or the equivalent, exclusive of
|
0010| premiums received by the member for an approved health plan for
|
0011| health insurance written in the state during the preceding
|
0012| calendar year and the denominator of which equals the total
|
0013| premiums of all health insurance written in the state during the
|
0014| preceding calendar year exclusive of premiums for approved
|
0015| health plans; provided that total premiums shall not include
|
0016| payments by the secretary of human services pursuant to a
|
0017| contract issued under Section 1876 of the federal Social
|
0018| Security Act, total premiums exempted by the federal Employee
|
0019| Retirement Income Security Act of 1974 or federal government
|
0020| programs.
|
0021| C. If assessments exceed actual reinsurance losses
|
0022| and administrative losses of the alliance, the excess shall be
|
0023| held at interest by the board to offset future losses.
|
0024| D. To enable the board to properly determine the net
|
0025| reinsurance amount and its responsibility for reinsurance to
|
0001| each member:
|
0002| (1) by April 15 of each year, each member
|
0003| offering an approved health plan shall submit a listing of all
|
0004| incurred claims for the previous year; and
|
0005| (2) by April 15 of each year, each member shall
|
0006| submit a report that includes the total earned premiums received
|
0007| during the prior year less the total earned premiums exempted by
|
0008| federal government programs.
|
0009| E. The alliance shall notify each member of the
|
0010| amount of its assessment due by May 15 of each year. The
|
0011| assessment shall be paid by the member by June 15 of each year.
|
0012| F. The proportion of participation of each member in
|
0013| the alliance shall be determined annually by the board, based on
|
0014| annual statements filed by each member and other reports deemed
|
0015| necessary by the board. Any deficit incurred by the alliance
|
0016| shall be recouped by assessments apportioned among the members
|
0017| pursuant to the formula provided in Subsection B of this
|
0018| section; provided that the assessment paid for any member shall
|
0019| be allowed as a credit on the future premium tax return for that
|
0020| member, with the credit limited to fifty percent of the premium
|
0021| tax due the first year the assessment is imposed; forty percent
|
0022| the second year; and thirty percent the third and all subsequent
|
0023| years.
|
0024| G. The board may defer, in whole or in part, the
|
0025| payment of an assessment of a member if, in the opinion of the
|
0001| board, after approval of the superintendent, payment of the
|
0002| assessment would endanger the ability of the member to fulfill
|
0003| its contractual obligations. In the event payment of an
|
0004| assessment against a member is deferred, the amount deferred may
|
0005| be assessed against the other members in a manner consistent
|
0006| with the basis for assessments set forth in Subsection A of this
|
0007| section. The member receiving the deferment shall pay the
|
0008| assessment in full plus interest at the prevailing rate as
|
0009| determined by regulation of the superintendent within four years
|
0010| from the date payment is deferred. After four years but within
|
0011| five years of the date of the deferment, the board may sue to
|
0012| recover the amount of the deferred payment plus interest and
|
0013| costs. Board actions to recover deferred payments brought after
|
0014| five years of the date of deferment are barred. Any amount
|
0015| received shall be deducted from future assessments or reimbursed
|
0016| pro rata to the members paying the deferred assessment.
|
0017| H. In addition to the assessments provided in this
|
0018| section for reinsurance and administrative losses, the board may
|
0019| impose on all members annually an assessment not to exceed two
|
0020| hundred dollars ($200) for the board to hire consultants and
|
0021| plan and develop alliance programs. This additional
|
0022| assessment shall be allowed as a credit on the next premium tax
|
0023| due for the member."
|
0024| Section 11. Section 59A-56-13 NMSA 1978 (being Laws 1994,
|
0025| Chapter 75, Section 13) is amended to read:
|
0001| "59A-56-13. ALLIANCE ADMINISTRATOR.--
|
0002| A. The board may select an alliance administrator
|
0003| through a competitive request for proposal process. The board
|
0004| shall evaluate proposals based on criteria established by the
|
0005| board that shall include:
|
0006| (1) proven ability to administer health
|
0007| insurance programs;
|
0008| (2) an estimate of total charges for
|
0009| administering the alliance for the proposed contract period; and
|
0010| (3) ability to administer the alliance in a
|
0011| cost-efficient manner.
|
0012| B. The alliance administrator contract shall be for
|
0013| a period up to four years, subject to annual renegotiation of
|
0014| the fees and services, and shall provide for cancellation of the
|
0015| contract for cause, termination of the alliance by the
|
0016| legislature or the combining of the alliance with a governmental
|
0017| body.
|
0018| C. At least one year prior to the expiration of an
|
0019| alliance administrator contract, the board may invite all
|
0020| interested parties, including the current administrator, to
|
0021| submit proposals to serve as alliance administrator for a
|
0022| succeeding contract period. Selection of the administrator for
|
0023| a succeeding contract period shall be made at least six months
|
0024| prior to the expiration of the current contract.
|
0025| D. The alliance administrator shall:
|
0001| (1) take applications for an approved health
|
0002| plan from small employers or a referring agent;
|
0003| (2) establish a premium billing procedure for
|
0004| collection of premiums from insureds. Billings shall be made on
|
0005| a periodic basis, not less than monthly, as determined by the
|
0006| board;
|
0007| (3) pay the member that offers an approved
|
0008| health plan the net premium due after deduction of reinsurance
|
0009| and administrative allowances;
|
0010| (4) provide the member with any changes in the
|
0011| status of insureds;
|
0012| (5) perform all necessary functions to assure
|
0013| that each member is providing timely payment of benefits to
|
0014| individuals covered under an approved health plan, including:
|
0015| (a) making information available to
|
0016| insureds relating to the proper manner of submitting a claim for
|
0017| benefits to the member offering the approved health plan and
|
0018| distributing forms on which submissions shall be made; and
|
0019| (b) making information available on
|
0020| approved health plan benefits and rates to insureds;
|
0021| (6) submit regular reports to the board
|
0022| regarding the operation of the alliance, the frequency, content
|
0023| and form of which shall be determined by the board;
|
0024| (7) following the close of each fiscal year,
|
0025| determine premiums of members, the expense of administration and
|
0001| the paid and incurred health care service charges for the year
|
0002| and report this information to the board and the superintendent
|
0003| on a form prescribed by the superintendent; and
|
0004| (8) establish the premiums for reinsurance and
|
0005| the administrative charges, subject to approval of the board."
|
0006| Section 12. Section 59A-56-14 NMSA 1978 (being Laws 1994,
|
0007| Chapter 75, Section 14) is amended to read:
|
0008| "59A-56-14. ELIGIBILITY--GUARANTEED ISSUE--PLAN
|
0009| PROVISIONS.--
|
0010| A. A small employer is eligible for an approved
|
0011| health plan if on the effective date of coverage or renewal:
|
0012| (1) at least fifty percent of its eligible
|
0013| employees not otherwise insured elect to be covered under the
|
0014| approved health plan;
|
0015| (2) the small employer has not terminated
|
0016| coverage with an approved health plan within three years of the
|
0017| date of application for coverage except to change to another
|
0018| approved health plan; and
|
0019| (3) the small employer does not offer other
|
0020| general group health insurance coverage to its employees. For
|
0021| the purposes of this paragraph, general group health insurance
|
0022| coverage excludes coverage providing only a specific limited
|
0023| form of health insurance such as accident or disability income
|
0024| insurance coverage or a specific health care service such as
|
0025| dental care.
|
0001| B. An approved health plan shall provide coverage
|
0002| for a child. The policy shall also provide in substance that
|
0003| attainment of the limiting age by an unmarried dependent
|
0004| individual does not operate to terminate coverage when the
|
0005| individual continues to be incapable of self-sustaining
|
0006| employment by reason of developmental disability or physical
|
0007| handicap and the individual is primarily dependent for support
|
0008| and maintenance upon the employee. Proof of incapacity and
|
0009| dependency shall be furnished to the alliance and the member
|
0010| that offered the approved health plan within one hundred twenty
|
0011| days of attainment of the limiting age. The board may require
|
0012| subsequent proof annually after a two-year period following
|
0013| attainment of the limiting age.
|
0014| C. An approved health plan shall provide that the
|
0015| health insurance benefits applicable for eligible dependents are
|
0016| payable with respect to a newly born child of the family member
|
0017| or the individual in whose name the contract is issued from the
|
0018| moment of birth, including the necessary care and treatment of
|
0019| medically diagnosed congenital defects and birth abnormalities.
|
0020| If payment of a specific premium is required to provide coverage
|
0021| for the child, the contract may require that notification of the
|
0022| birth of a child and payment of the required premium shall be
|
0023| furnished to the member within thirty-one days after the date of
|
0024| birth in order to have the coverage from birth. An approved
|
0025| health plan shall provide that the health insurance benefits
|
0001| applicable for eligible dependents are payable for an adopted
|
0002| child in accordance with the provisions of Section 59A-22-34.1
|
0003| NMSA 1978.
|
0004| D. Except as provided in Subsections E, G and H of
|
0005| this section, an approved health plan may contain provisions
|
0006| under which coverage is excluded during a six-month period
|
0007| following the effective date of coverage of an individual for
|
0008| preexisting conditions, as long as either of the following
|
0009| exists:
|
0010| (1) the condition has manifested itself within
|
0011| a period of six months before the effective date of coverage in
|
0012| such a manner as would cause an ordinarily prudent person to
|
0013| seek diagnosis or treatment; or
|
0014| (2) medical advice or treatment was recommended
|
0015| or received within a period of six months before the effective
|
0016| date of coverage.
|
0017| E. The preexisting condition exclusions described in
|
0018| Subsection D of this section shall be waived to the extent to
|
0019| which similar exclusions have been satisfied under any prior
|
0020| health insurance coverage if the application for health
|
0021| insurance through the alliance is made not later than thirty-one
|
0022| days following the termination of the prior coverage. In that
|
0023| case, coverage through the alliance shall be effective from the
|
0024| date on which the prior coverage was terminated. This
|
0025| subsection does not prohibit preexisting conditions coverage in
|
0001| an approved health plan that is more favorable to the covered
|
0002| individual than that specified in this subsection.
|
0003| F. An individual is not eligible for coverage by the
|
0004| alliance if he:
|
0005| (1) is eligible for medicare; provided,
|
0006| however, if an individual has health insurance coverage from an
|
0007| employer whose group includes twenty or more individuals, an
|
0008| individual eligible for medicare who continues to be employed
|
0009| may choose to be covered through an approved health plan;
|
0010| (2) has voluntarily terminated health insurance
|
0011| issued through the alliance within the past twelve months unless
|
0012| it was due to a change in employment; or
|
0013| (3) is an inmate of a public institution.
|
0014| G. The alliance shall provide for an open enrollment
|
0015| period of sixty days from the initial offering of an approved
|
0016| health plan. Individuals enrolled during the open enrollment
|
0017| period shall not be subject to the preexisting conditions
|
0018| limitation.
|
0019| H. If an insured covered by an approved health plan
|
0020| switches to another approved health plan that provides increased
|
0021| or additional benefits such as lower deductible or co-payment
|
0022| requirements, the member offering the approved health plan with
|
0023| increased or additional benefits may require the six-month
|
0024| period for preexisting conditions provided in Subsection D of
|
0025| this section to be satisfied prior to receipt of the additional
|
0001| benefits.
|
0002| I. An approved health plan shall provide for a
|
0003| thirty-day reinstatement period from the end of a grace period
|
0004| provided by the approved health plan, requiring payments of all
|
0005| back premiums plus a penalty of five percent of the annualized
|
0006| premium. Any claims incurred between the date through which
|
0007| premiums have been paid and the date of reinstatement are not
|
0008| covered unless covered by the conditions of the approved health
|
0009| plan."
|
0010| Section 13. Section 59A-56-17 NMSA 1978 (being Laws 1994,
|
0011| Chapter 75, Section 17) is amended to read:
|
0012| "59A-56-17. BENEFITS.--
|
0013| A. An approved health plan shall pay for medically
|
0014| necessary eligible expenses that exceed the deductible, co-payment and co-insurance amounts applicable under the provisions
|
0015| of Section 59A-56-18 NMSA 1978 and are not otherwise limited or
|
0016| excluded. The Health Insurance Alliance Act does not prohibit
|
0017| the board from approving additional types of health plan designs
|
0018| with similar cost-benefit structures or other types of health
|
0019| plan designs. An approved health plan for small employers
|
0020| shall, at a minimum, reflect the levels of health insurance
|
0021| coverage generally available in New Mexico for small employer
|
0022| group policies, but an approved health plan for small employers
|
0023| may also offer health plan designs that are not generally
|
0024| available in New Mexico for small employer group policies.
|
0025| B. The board may design and require an approved
|
0001| health plan to contain cost-containment measures and
|
0002| requirements, including managed care, pre-admission
|
0003| certification, concurrent inpatient review and the use of fee
|
0004| schedules for health care providers, including the diagnosis-related grouping system and the resource-based relative value
|
0005| system."
|
0006| Section 14. Section 59A-56-18 NMSA 1978 (being Laws 1994,
|
0007| Chapter 75, Section 18) is amended to read:
|
0008| "59A-56-18. DEDUCTIBLES--CO-INSURANCE--MAXIMUM OUT-OF-POCKET PAYMENTS.--
|
0009| A. Subject to the limitations provided in Subsection
|
0010| C of this section, an approved health plan offered through the
|
0011| alliance may impose a deductible on a per-person calendar year
|
0012| basis. Approved health plans offered by health maintenance
|
0013| organizations shall provide equivalent cost-benefit structures.
|
0014| The board may authorize deductibles in other amounts and
|
0015| equivalent cost-benefit structures.
|
0016| B. Subject to the limitations provided in Subsection
|
0017| C of this section, a mandatory co-insurance requirement for an
|
0018| approved health plan may be imposed as a percentage of eligible
|
0019| expenses in excess of a deductible. Health maintenance
|
0020| organizations shall impose equivalent cost-benefit structures.
|
0021| C. The maximum aggregate out-of-pocket payments for
|
0022| eligible expenses by the covered individual shall be determined
|
0023| by the board."
|
0024| Section 15. Section 59A-56-19 NMSA 1978 (being Laws 1994,
|
0025| Chapter 75, Section 19) is amended to read:
|
0001| "59A-56-19. DEPENDENT FAMILY MEMBER REQUIRED COVERAGE--SMALL EMPLOYER RESPONSIBILITY.--
|
0002| A. A small employer shall collect or make a payroll
|
0003| deduction from the compensation of an employee for the portion
|
0004| of the approved health plan cost the employee is responsible for
|
0005| paying. The small employer may contribute to the cost of that
|
0006| plan on behalf of the employee.
|
0007| B. A small employer shall make available to
|
0008| dependent family members of an employee covered by an approved
|
0009| health plan the same approved health plan. The small employer
|
0010| may contribute to the cost of family coverage.
|
0011| C. All premiums collected, deducted from the
|
0012| compensation of employees or paid on their behalf by the small
|
0013| employer shall be promptly remitted to the alliance."
|
0014| Section 16. Section 59A-56-20 NMSA 1978 (being Laws 1994,
|
0015| Chapter 75, Section 20) is amended to read:
|
0016| "59A-56-20. RENEWABILITY.--
|
0017| A. An approved health plan shall contain provisions
|
0018| under which the member offering the plan is obligated to renew
|
0019| the health insurance if premiums are paid until the day the plan
|
0020| is replaced by another plan or the small employer terminates
|
0021| coverage. An individual covered by health insurance under an
|
0022| approved health plan may retain coverage until he becomes
|
0023| eligible for medicare as the primary coverage, except that in a
|
0024| family policy coverage under an approved health plan shall
|
0025| continue for any person in the family who is not eligible for
|
0001| medicare.
|
0002| B. If an approved health plan ceases to exist, the
|
0003| alliance shall provide an alternate approved health plan.
|
0004| C. An approved health plan shall provide covered
|
0005| individuals the right to continue health insurance coverage
|
0006| through an approved health plan as individual health insurance
|
0007| provided by the same member upon the death of the employee or
|
0008| upon the divorce, annulment or dissolution of marriage or legal
|
0009| separation of the spouse from the employee or by termination of
|
0010| employment by electing to do so within a period of time
|
0011| specified in the health insurance, provided that the employee
|
0012| was covered under an approved health plan while employed for at
|
0013| least six consecutive months. The individual may be charged an
|
0014| additional administrative charge for the individual health
|
0015| insurance.
|
0016| D. The right to continue health insurance coverage
|
0017| provided in this section terminates if the covered individual
|
0018| resides outside the United States for more than six consecutive
|
0019| months."
|
0020| Section 17. Section 59A-56-21 NMSA 1978 (being Laws 1994,
|
0021| Chapter 75, Section 21) is amended to read:
|
0022| "59A-56-21. REGULATIONS.--The superintendent shall:
|
0023| A. adopt regulations that provide for disclosure by
|
0024| members of the availability of health insurance from the
|
0025| alliance; and
|
0001| B. adopt regulations to carry out the provisions of
|
0002| the Health Insurance Alliance Act."
|
0003| Section 18. Section 59A-56-23 NMSA 1978 (being Laws 1994,
|
0004| Chapter 75, Section 23) is amended to read:
|
0005| "59A-56-23. RATES--STANDARD RISK RATE--EXPERIENCE RATING
|
0006| PROHIBITED.--
|
0007| A. The alliance shall determine a standard risk rate
|
0008| index by actuarially calculating the average index rates that
|
0009| the insurer has filed under the requirements of the Small Group
|
0010| Rate and Renewability Act with the benefits similar to the
|
0011| alliance's standard approved health plan. A standard risk rate
|
0012| based on age and other appropriate demographic characteristics
|
0013| may be used. No standard risk rate shall be more than ten
|
0014| percent higher or ten percent lower than the average index rate.
|
0015| In determining the standard risk rate, the alliance shall
|
0016| consider the benefits provided by the approved health plan.
|
0017| B. Experience rating is not allowed other than for
|
0018| reinsurance purposes.
|
0019| C. All rates and rate schedules shall be submitted
|
0020| to the superintendent for approval prior to use."
|
0021| Section 19. Section 59A-56-24 NMSA 1978 (being Laws 1994,
|
0022| Chapter 75, Section 24) is amended to read:
|
0023| "59A-56-24. BENEFIT PAYMENTS REDUCTION.--
|
0024| A. An approved health plan shall be the last payer
|
0025| of benefits whenever any other benefit is available. Benefits
|
0001| otherwise payable under the approved health plan shall be
|
0002| reduced by all amounts paid or payable through any other health
|
0003| insurance and by all hospital and medical expense benefits paid
|
0004| or payable under any workers' compensation coverage, automobile
|
0005| medical payment or liability insurance, whether provided on the
|
0006| basis of fault or no-fault, and by any hospital or medical
|
0007| benefits paid or payable under or provided pursuant to any state
|
0008| or federal program, excluding medicaid.
|
0009| B. The administrator or the alliance shall have a
|
0010| cause of action against any person covered by an approved health
|
0011| plan for the recovery of the amount of benefits paid that are
|
0012| not for eligible expenses. Benefits due from the approved
|
0013| health plan may be reduced or refused as a set-off against any
|
0014| amount recoverable under this section."
|
0015| Section 20. TEMPORARY PROVISION--REPORT.--The department
|
0016| of insurance and the New Mexico health insurance alliance shall
|
0017| prepare and publish a report to the legislature and the governor
|
0018| by October 1 of each year, beginning on October 1, 1996 on the
|
0019| alliance programs and recommendations to facilitate
|
0020| participation in the alliance programs. The report shall
|
0021| include a director's report from members and insured
|
0022| representatives that reflects comments made by members and
|
0023| insureds regarding the alliance for each year the directors are
|
0024| required to report to the legislature and the governor.
|
0025| Section 21. Laws 1994, Chapter 75, Section 35 is amended
|
0001| to read:
|
0002| "Section 35. DELAYED REPEAL.--The Health Insurance
|
0003| Alliance Act is repealed June 30, 2003."
|
0004|
|
0005|
|
0006| FORTY-SECOND LEGISLATURE
|
0007| FIRST SPECIAL SESSION, 1996
|
0008|
|
0009|
|
0010| March 20, 1996
|
0011|
|
0012| Mr. President:
|
0013|
|
0014| Your FINANCE COMMITTEE, to whom has been referred
|
0015|
|
0016| SENATE BILL 7
|
0017|
|
0018| has had it under consideration and reports same with
|
0019| recommendation that it DO NOT PASS, but that
|
0020|
|
0021| SENATE FINANCE COMMITTEE SUBSTITUTE
|
0022| FOR SENATE BILL 7
|
0023|
|
0024| DO PASS.
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004| __________________________________
|
0005| Ben D. Altamirano, Chairman
|
0006|
|
0007|
|
0008| Adopted_______________________ Not Adopted_______________________
|
0009| (Chief Clerk) (Chief Clerk)
|
0010|
|
0011|
|
0012| Date ________________________
|
0013|
|
0014|
|
0015| The roll call vote was 11 For 0 Against
|
0016| Yes: 11
|
0017| No: 0
|
0018| Excused: Aragon, Ingle
|
0019| Absent: None
|
0020|
|
0021|
|
0022| S0007FC1
|
0023| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
|
0024| SENATE BILL 7
|
0025| 42nd legislature - STATE OF NEW MEXICO - first special session, 1996
|
0001|
|
0002|
|
0003|
|
0004|
|
0005|
|
0006|
|
0007|
|
0008| AN ACT
|
0009| RELATING TO MEDICAL INSURANCE COVERAGE; ALLEVIATING ADDITIONAL
|
0010| BURDENS PLACED ON THE MEDICAID PROGRAM AND THE STATE'S RESPONSIBILITY
|
0011| UNDER THAT PROGRAM; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978;
|
0012| REPEALING A SECTION OF LAWS 1994; DECLARING AN EMERGENCY.
|
0013|
|
0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0015| Section 1. Section 59A-56-2 NMSA 1978 (being Laws 1994, Chapter
|
0016| 75, Section 2) is amended to read:
|
0017| "59A-56-2. PURPOSE OF ACT.--The purpose of the Health
|
0018| Insurance Alliance Act is to provide increased access to voluntary
|
0019| health insurance coverage in New Mexico [The initial purpose is to
|
0020| improve access to health insurance coverage for small employers on a
|
0021| voluntary basis]. An additional purpose of the Health Insurance
|
0022| Alliance Act is to provide for the development of [a plan] plans
|
0023| for [expanded] health insurance coverage [to include uninsured
|
0024| children, other employer groups] for children, small employers and
|
0025| individuals. To the extent that the Health Insurance Alliance Act
|
0001| continues to provide increased access to voluntary health
|
0002| insurance coverage, another purpose of the Health Insurance
|
0003| Alliance Act is to alleviate increased burdens placed on the
|
0004| medicaid program and to alleviate the responsibility of the
|
0005| human services department to make additional medicaid
|
0006| expenditures for those persons who may be forced to become
|
0007| medicaid eligible instead of being able to enroll in the health
|
0008| insurance alliance."
|
0009| Section 2. Section 59A-54-12 NMSA 1978 (being Laws 1987,
|
0010| Chapter 154, Section 12, as amended) is amended to read:
|
0011| "59A-54-12. ELIGIBILITY--POLICY PROVISIONS.--
|
0012| A. [A] Except as provided in Subsection I of this
|
0013| section, a person is eligible for a pool policy only if on the
|
0014| effective date of coverage or renewal of coverage the person is
|
0015| a New Mexico resident and:
|
0016| (1) is not eligible as an insured or covered
|
0017| dependent for any health plan that provides coverage for
|
0018| comprehensive major medical or comprehensive physician and
|
0019| hospital services;
|
0020| (2) is only eligible for a health plan that is
|
0021| offered at a rate higher than that available from the pool;
|
0022| (3) has been rejected for coverage for
|
0023| comprehensive major medical or comprehensive physician and
|
0024| hospital services; or
|
0025| (4) is only eligible for a health plan with a
|
0001| rider, waiver or restrictive provision for that particular
|
0002| individual based on a specific condition.
|
0003| B. Coverage under a pool policy is in excess of and
|
0004| shall not duplicate coverage under any other form of health
|
0005| insurance.
|
0006| C. A pool policy shall provide that coverage of a
|
0007| dependent unmarried person terminates when the person becomes
|
0008| nineteen years of age or, if the person is enrolled full time in an
|
0009| accredited educational institution, when he becomes twenty-five
|
0010| years of age. The policy shall also provide in substance that
|
0011| attainment of the limiting age does not operate to terminate
|
0012| coverage when the person is and continues to be:
|
0013| (1) incapable of self-sustaining employment by
|
0014| reason of mental retardation or physical handicap; and
|
0015| (2) primarily dependent for support and maintenance
|
0016| upon the person in whose name the contract is issued.
|
0017| Proof of incapacity and dependency shall be furnished to the
|
0018| insurer within one hundred twenty days of attainment of the
|
0019| limiting age and subsequently as required by the insurer but not
|
0020| more frequently than annually after the two-year period following
|
0021| attainment of the limiting age.
|
0022| D. A pool policy that provides coverage for a family
|
0023| member of the person in whose name the contract is issued shall, as
|
0024| to the coverage of the family member or the individual in whose
|
0025| name the contract was issued, provide that the health insurance
|
0001| benefits applicable for children are payable with respect to a
|
0002| newly born child of the family member or the person in whose name
|
0003| the contract is issued from the moment of coverage of injury or
|
0004| illness, including the necessary care and treatment of medically
|
0005| diagnosed congenital defects and birth abnormalities. If payment
|
0006| of a specific premium is required to provide coverage for the
|
0007| child, the contract may require that notification of the birth of a
|
0008| child and payment of the required premium shall be furnished to the
|
0009| carrier within thirty-one days after the date of birth in order to
|
0010| have the coverage continued beyond the thirty-one day period.
|
0011| E. A pool policy may contain provisions under which
|
0012| coverage is excluded during a six-month period following the
|
0013| effective date of coverage as to a given individual for pre-existing conditions, as long as either of the following exists:
|
0014| (1) the condition has manifested itself within a
|
0015| period of six months before the effective date of coverage in such
|
0016| a manner as would cause an ordinarily prudent person to seek
|
0017| diagnoses or treatment; or
|
0018| (2) medical advice or treatment was recommended or
|
0019| received within a period of six months before the effective date of
|
0020| coverage.
|
0021| F. The pre-existing condition exclusions described in
|
0022| Subsection E of this section shall be waived to the extent to which
|
0023| similar exclusions have been satisfied under any prior health
|
0024| insurance coverage [which] that was involuntarily terminated,
|
0025| if the application for pool coverage is made not later than thirty-one days following the involuntary termination. In that case,
|
0001| coverage in the pool shall be effective from the date on which the
|
0002| prior coverage was terminated. This subsection does not prohibit
|
0003| pre-existing conditions coverage in a pool policy that is more
|
0004| favorable to the insured than that specified in this subsection.
|
0005| G. An individual is not eligible for coverage by the pool
|
0006| if:
|
0007| (1) he is, at the time of application, eligible for
|
0008| medicare or medicaid, which would provide coverage for amounts in
|
0009| excess of limited policies such as dread disease, cancer policies
|
0010| or hospital indemnity policies;
|
0011| (2) he has terminated coverage by the pool within
|
0012| the past twelve months; or
|
0013| (3) he is an inmate of a public institution or is
|
0014| eligible for public programs for which medical care is provided.
|
0015| H. Any person whose health insurance coverage from a
|
0016| qualified state health policy with similar coverage is terminated
|
0017| because of nonresidency in another state may apply for coverage
|
0018| under the pool. If the coverage is applied for within thirty-one
|
0019| days after that termination and if premiums are paid for the entire
|
0020| coverage period, the effective date of the coverage shall be the
|
0021| date of termination of the previous coverage.
|
0022| I. A person's eligibility for a policy issued under the
|
0023| Health Insurance Alliance Act shall not preclude a person from
|
0024| remaining on a pool policy, and a self-employed person who
|
0025| qualifies for an approved health plan under the Health Insurance
|
0001| Alliance Act by using a dependent as the second employee may choose
|
0002| a pool policy in lieu of the health plan under that act."
|
0003| Section 3. Section 59A-56-3 NMSA 1978 (being Laws 1994,
|
0004| Chapter 75, Section 3) is amended to read:
|
0005| "59A-56-3. DEFINITIONS.--As used in the Health Insurance
|
0006| Alliance Act:
|
0007| A. "alliance" means the New Mexico health insurance
|
0008| alliance;
|
0009| B. "approved health plan" means any arrangement for the
|
0010| provision of health insurance offered through and approved by the
|
0011| alliance [by which insureds have access to health insurance];
|
0012| C. "board" means the board of directors of the alliance;
|
0013| D. "child" means a dependent unmarried individual who is
|
0014| less than nineteen years of age or an unmarried individual who is
|
0015| enrolled full time in an accredited educational institution until
|
0016| the individual becomes twenty-five years of age;
|
0017| E. "department" means the department of insurance;
|
0018| [D.] F. "director" means an individual who serves on
|
0019| the board;
|
0020| [E.] G. "earned premiums" means premiums paid or due
|
0021| during [the] a calendar year for coverage under an approved
|
0022| health plan less any unearned premiums at the end of that calendar
|
0023| year plus any unearned premiums from the end of the [previous]
|
0024| immediately preceding calendar year;
|
0025| [F.] H. "eligible expenses" [are] means the
|
0001| allowable charges for a health care service [and items for which
|
0002| benefits are extended] covered under an approved health plan;
|
0003| I. "gross earned premiums" means premiums paid or due
|
0004| during a calender year for all health insurance written in the
|
0005| state less any unearned premiums at the end of that calendar year
|
0006| plus any unearned premiums from the end of the immediately
|
0007| preceding calendar year;
|
0008| [G.] J. "health care service" means a service or
|
0009| product furnished an individual [or incidental to the furnishing
|
0010| of the service or product] for the purpose of preventing,
|
0011| alleviating, curing or healing human illness or injury and
|
0012| includes services and products incidental to furnishing the
|
0013| described services or products;
|
0014| [H.] K. "health insurance" means "health" insurance
|
0015| as defined in Section 59A-7-3 NMSA 1978; any hospital and medical
|
0016| expense-incurred policy, including medicare supplement insurance;
|
0017| nonprofit health care [service] plan service contract; health
|
0018| maintenance organization subscriber contract; short-term, accident,
|
0019| fixed indemnity, specified disease policy, long-term care or
|
0020| disability income insurance contracts and limited health benefit
|
0021| or credit health insurance; coverage for health care services
|
0022| under uninsured arrangements of group or group-type contracts,
|
0023| including employer self-insured, cost-plus or other benefits
|
0024| methodologies not involving insurance or not subject to New Mexico
|
0025| premium taxes; coverage for health care services under group-type
|
0001| contracts that are not available to the general public and can be
|
0002| obtained only because of connection with a particular organization
|
0003| or group; or coverage by medicare or other governmental [benefits;
|
0004| or "health insurance" as defined by Section 59A-7-3 NMSA 1978]
|
0005| programs providing health care services; but "health insurance"
|
0006| does not include insurance [arising out of] issued pursuant to
|
0007| provisions of the Workers' Compensation Act or similar law,
|
0008| automobile medical payment insurance or [insurance under]
|
0009| provisions by which benefits are payable with or without regard
|
0010| to fault [and] that [is] are required by law to be contained
|
0011| in any liability insurance policy;
|
0012| [I.] L. "health maintenance organization" means a
|
0013| health maintenance organization as defined by Subsection M of
|
0014| Section 59A-46-2 NMSA 1978;
|
0015| [J.] M. "incurred claims" means claims paid during a
|
0016| calendar year plus claims incurred in the calendar year and paid
|
0017| prior to April 1 of the succeeding year, less claims incurred
|
0018| previous to the current calendar year and paid prior to April 1 of
|
0019| the current year;
|
0020| [K.] N. "insured" means a small employer or its
|
0021| employee and an individual covered by an approved health plan,
|
0022| [or an individual] a former employee of a small employer who is
|
0023| covered by an approved health plan through conversion or an
|
0024| individual covered by an approved health plan that allows
|
0025| individual enrollment;
|
0001| [L.] O. "medicare" means coverage under both Parts A
|
0002| and B of Title 18 of the federal Social Security Act;
|
0003| [M.] P. "member" means [an insurance company
|
0004| authorized to transact health insurance business in this state, a
|
0005| nonprofit health care plan, a health maintenance organization or
|
0006| self-insurers not subject to federal preemption, but does not
|
0007| include an insurance company that is licensed under the Prepaid
|
0008| Dental Plan Law or a company that is solely engaged in the sale of
|
0009| dental insurance and is licensed under a provision of the Insurance
|
0010| Code] a member of the alliance;
|
0011| Q. "nonprofit health care plan" means a "health care
|
0012| plan" as defined in Subsection K of Section 59A-47-3 NMSA 1978;
|
0013| R. "premiums" means the premiums received for coverage
|
0014| under an approved health plan during a calendar year;
|
0015| [N.] S. "small employer" means a person that is a
|
0016| resident of this state, has employees at least fifty percent of
|
0017| whom are residents of this state, is actively engaged in business
|
0018| and that on at least fifty percent of its working days during the
|
0019| preceding calendar year employed no [less] fewer than two and
|
0020| no more than fifty eligible employees; provided that: (1) in determining the number of eligible
|
0021| employees, the spouse or dependent of an employee may, at the
|
0022| employer's discretion, be counted as a separate employee; and
|
0023| (2) companies that are [affiliated companies or
|
0024| that are] eligible to file a combined tax return or a
|
0025| consolidated tax return for purposes of state income taxation
|
0001| shall be considered one employer; [and
|
0002| O.] T. "superintendent" means the superintendent of
|
0003| insurance;
|
0004| U. "total premiums" means the total premiums for
|
0005| business written in the state received during a calendar year; and
|
0006| V. "unearned premiums" means the portion of a premium
|
0007| previously paid for which the coverage period is in the future."
|
0008| Section 4. Section 59A-56-4 NMSA 1978 (being Laws 1994,
|
0009| Chapter 75, Section 4) is amended to read:
|
0010| "59A-56-4. ALLIANCE CREATED--BOARD CREATED.--
|
0011| A. The "New Mexico health insurance alliance" is created
|
0012| as a nonprofit [independent] public corporation for the purpose
|
0013| of providing increased access to health insurance in the state.
|
0014| All insurance companies authorized to transact health insurance
|
0015| business in this state, nonprofit health care plans, health
|
0016| maintenance organizations and self-insurers not subject to federal
|
0017| preemption shall organize and be members of the alliance as a
|
0018| condition of their authority to offer health insurance in this
|
0019| state, except for an insurance company that is licensed under the
|
0020| Prepaid Dental Plan Law or a company that is solely engaged in the
|
0021| sale of dental insurance and is licensed under a provision of the
|
0022| Insurance Code. The alliance [shall] is not [be considered]
|
0023| a governmental agency for any purpose.
|
0024| B. The [board of directors of the New Mexico health
|
0025| insurance] alliance [is created] shall be governed by a board
|
0001| of directors constituted pursuant to the provisions of this
|
0002| section. The board is a governmental entity for purposes of the
|
0003| Tort Claims Act, but the board shall not be considered a
|
0004| governmental entity for any other purpose.
|
0005| C. The superintendent shall, within sixty days after
|
0006| [the effective date of the Health Insurance Alliance Act] March
|
0007| 4, 1994, give notice to all members of the time and place for the
|
0008| initial organizational meeting of the alliance. Each member shall
|
0009| be entitled to one vote in person or by proxy at the organizational
|
0010| meeting.
|
0011| D. The alliance shall operate subject to the supervision
|
0012| and approval of the board. The board shall consist of:
|
0013| (1) five directors, [appointed] elected by the
|
0014| members, who shall be officers or employees of members and shall
|
0015| consist of one representative of a nonprofit health care plan, two
|
0016| representatives of health maintenance organizations and two
|
0017| representatives of other types of members;
|
0018| (2) five directors, appointed by the governor, who
|
0019| shall be officers, general partners or proprietors of small
|
0020| employers [and] who, after the term of the initial appointments,
|
0021| are covered by approved health plans;
|
0022| (3) four directors appointed by the governor, who
|
0023| shall be employees of small employers, and who, after the term of
|
0024| the initial appointments, are employees of small employers covered
|
0025| by approved health plans; and
|
0001| (4) the superintendent or his designee, [The
|
0002| superintendent] who shall be a nonvoting member except when his
|
0003| vote is necessary to break a tie.
|
0004| E. The superintendent shall serve as chair of the board
|
0005| unless he declines, in which event he shall appoint the chair.
|
0006| F. The directors [appointed] elected by the members
|
0007| shall be [appointed] elected for initial terms of three years
|
0008| or less, staggered so that the term of at least one director
|
0009| [shall expire] expires on June 30 of each year. The directors
|
0010| appointed by the governor shall be appointed for initial terms of
|
0011| three years or less, staggered so that the term of at least one
|
0012| director [shall expire] expires on June 30 of each year.
|
0013| Following the initial terms, directors shall be elected or
|
0014| appointed for terms of three years. [If the members fail to make
|
0015| the initial appointments within sixty days following the first
|
0016| organizational meeting, the superintendent shall make those
|
0017| appointments.] A director whose term has expired shall continue
|
0018| to serve until his successor is elected or appointed.
|
0019| G. Whenever a vacancy on the board occurs, the
|
0020| electing or appointing authority of [that director] the
|
0021| director's position that is vacant shall fill the vacancy by
|
0022| electing or appointing an individual to serve the balance of the
|
0023| unexpired term; provided, when a vacancy occurs in one of the
|
0024| director's positions elected by the members, the superintendent is
|
0025| authorized to appoint a temporary replacement director until the
|
0001| next scheduled election of directors elected by the members is
|
0002| held. The individual elected or appointed to fill a vacancy
|
0003| shall meet the requirements for initial election or appointment
|
0004| to that position.
|
0005| H. Directors may be reimbursed by the alliance as
|
0006| provided in the Per Diem and Mileage Act in the same manner and
|
0007| amounts as nonsalaried public officers, but shall receive no other
|
0008| compensation, perquisite or allowance from the alliance."
|
0009| Section 5. Section 59A-56-5 NMSA 1978 (being Laws 1994,
|
0010| Chapter 75, Section 5) is amended to read:
|
0011| "59A-56-5. PLAN OF OPERATION.--
|
0012| A. The board shall submit a plan of operation to the
|
0013| superintendent and any amendments to the plan necessary or suitable
|
0014| to assure the fair, reasonable and equitable administration of the
|
0015| alliance.
|
0016| B. The superintendent shall, after notice and hearing,
|
0017| approve the plan of operation if it is determined to assure the
|
0018| fair, reasonable and equitable administration of the alliance. The
|
0019| plan of operation shall become effective upon written approval of
|
0020| the superintendent consistent with the date on which health
|
0021| insurance coverage through the alliance pursuant to the provisions
|
0022| of the Health Insurance Alliance Act is made available. [If the
|
0023| board fails to submit a plan of operation within one hundred eighty
|
0024| days after the appointment of the board, the superintendent shall,
|
0025| after notice and hearing, adopt and promulgate a plan of
|
0001| operation.] A plan of operation adopted by the superintendent
|
0002| shall continue in force until modified by him or superseded by a
|
0003| subsequent plan of operation submitted by the board and approved by
|
0004| the superintendent.
|
0005| C. The plan of operation shall:
|
0006| (1) establish procedures for the handling and
|
0007| accounting of assets of the alliance;
|
0008| (2) establish regular times and places for meetings
|
0009| of the board;
|
0010| (3) establish procedures for records to be kept of
|
0011| all financial transactions and for annual fiscal reporting to the
|
0012| superintendent;
|
0013| (4) establish the amount of and the method for
|
0014| collecting assessments pursuant to Section [11 of the Health
|
0015| Insurance Alliance Act] 59A-56-11 NMSA 1978;
|
0016| (5) establish a program to publicize the existence
|
0017| of the alliance, the approved health plans, the eligibility
|
0018| requirements and procedures for enrollment in an approved health
|
0019| plan and to maintain public awareness of the alliance;
|
0020| (6) establish penalties for [noncollection]
|
0021| nonpayment of assessments [from] by members;
|
0022| (7) establish procedures for alternative dispute
|
0023| resolution of disputes between members and insureds; and
|
0024| (8) contain additional provisions necessary and
|
0025| proper for the execution of the powers and duties of the alliance."
|
0001| Section 6. Section 59A-56-6 NMSA 1978 (being Laws 1994,
|
0002| Chapter 75, Section 6) is amended to read:
|
0003| "59A-56-6. BOARD--POWERS AND DUTIES.--
|
0004| A. The board shall have the general powers and authority
|
0005| granted to insurance companies licensed to transact health
|
0006| insurance business under the laws of this state.
|
0007| B. The board:
|
0008| (1) may enter into contracts to carry out the
|
0009| provisions of the Health Insurance Alliance Act, including, with
|
0010| the approval of the superintendent, contracting with similar
|
0011| alliances of other states for the joint performance of common
|
0012| administrative functions or with persons or other organizations for
|
0013| the performance of administrative functions;
|
0014| (2) may sue and be sued;
|
0015| (3) may conduct periodic audits of the members to
|
0016| assure the general accuracy of the financial data submitted to the
|
0017| alliance;
|
0018| (4) shall establish maximum rate schedules,
|
0019| allowable rate adjustments, administrative allowances, reinsurance
|
0020| premiums and agent referral, [and] servicing fees [and any
|
0021| other actuarial functions appropriate to the operation of the
|
0022| alliance, but within the limits established] or commissions
|
0023| subject to applicable provisions in the Insurance Code. In
|
0024| determining the initial year's rate for health insurance, the only
|
0025| rating factors that may be used are age, gender, geographic area of
|
0001| the place of employment and smoking practices. In any year's rate,
|
0002| the difference in rates in any one age group that may be charged on
|
0003| the basis of a person's gender shall not exceed another person's
|
0004| rates in the age group by more than twenty percent of the lower
|
0005| rate, and no person's rate shall exceed the rate of any other
|
0006| person with similar family composition by more than two hundred
|
0007| fifty percent of the lower rate, except that the rates for children
|
0008| under the age of nineteen may be lower than the bottom rates in the
|
0009| two hundred fifty percent band. The rating factor restrictions
|
0010| shall not prohibit a member from offering rates that differ
|
0011| depending upon family composition;
|
0012| (5) may direct a member to issue policies or
|
0013| certificates of coverage of health insurance in accordance with the
|
0014| requirements of the Health Insurance Alliance Act;
|
0015| (6) shall establish procedures for alternative
|
0016| dispute resolution of disputes between members and insureds;
|
0017| (7) shall cause the alliance to have an annual audit
|
0018| of its operations by an independent certified public accountant;
|
0019| (8) shall conduct all board meetings as if it were
|
0020| [an agency] subject to the provisions of the Open Meetings Act;
|
0021| (9) shall draft one or more sample health
|
0022| insurance policies that are the prototype documents for the
|
0023| members;
|
0024| (10) shall determine the design criteria to be met
|
0025| for an approved health plan;
|
0001| (11) shall review each proposed approved health plan
|
0002| to determine if it meets the alliance designed criteria and, if it
|
0003| does meet the criteria, approve the plan [provided that], but
|
0004| the board shall not permit more than one approved health plan per
|
0005| member for each set of plan design criteria;
|
0006| (12) shall review annually each approved health plan
|
0007| to determine if it still qualifies as an approved health plan based
|
0008| on the alliance designed criteria and, if the plan is no longer
|
0009| approved, arrange for the transfer of the insureds covered under
|
0010| the formerly approved plan to an approved health plan;
|
0011| (13) may terminate an approved health plan not
|
0012| operating as required by the board;
|
0013| (14) shall terminate an approved health plan if
|
0014| timely claim payments are not made pursuant to the plan; and
|
0015| (15) shall engage in significant marketing
|
0016| activities, including a program of media advertising, to inform
|
0017| small employers and eligible individuals of the existence of the
|
0018| alliance, its purpose and the health insurance available or
|
0019| potentially available through the alliance.
|
0020| C. The alliance is subject to and responsible for
|
0021| examination by the superintendent. No later than March 1 of each
|
0022| year, the board shall submit to the superintendent an audited
|
0023| financial report for the preceding calendar year in a form approved
|
0024| by the superintendent."
|
0025| Section 7. Section 59A-56-8 NMSA 1978 (being Laws 1994,
|
0001| Chapter 75, Section 8) is amended to read:
|
0002| "59A-56-8. APPROVED HEALTH PLAN [OR SERVICE].--
|
0003| A. An approved health plan shall conform to the
|
0004| alliance's approved health plan design criteria. The board may
|
0005| allow more than one plan design for approved health plans. A
|
0006| member may provide one approved health plan for each plan design
|
0007| approved by the board.
|
0008| B. The board shall designate plan designs for standard
|
0009| approved health plans. The board may designate plan designs for an
|
0010| approved health plan that provides catastrophic coverage or other
|
0011| benefit plan designs.
|
0012| [B. The] C. Each approved health plan shall offer a
|
0013| premium that is no greater than [fifteen] ten percent over and
|
0014| no less than [fifteen] ten percent under the average of the
|
0015| standard rate index for plans with the same characteristics.
|
0016| [C.] D. Any member that [submits a bid for]
|
0017| provides or offers to [provide or renews] renew a group health
|
0018| insurance contract providing health insurance benefits to employees
|
0019| of the state, a county, a municipality or a school district for
|
0020| which public funds are contributed shall offer at least one
|
0021| approved health plan to small employers; provided, however, if a
|
0022| member does not offer anywhere in the United States a plan that
|
0023| meets substantially the design criteria of an approved health plan,
|
0024| the member shall not be required to offer an approved health plan.
|
0025| E. If a plan design approved by the board is not offered
|
0001| by any member already offering an approved health plan, but a
|
0002| member offers a substantially similar plan design outside the
|
0003| alliance, the board may require the member to offer that plan
|
0004| design as an approved health plan through the alliance.
|
0005| F. An approved health plan shall be offered for at least
|
0006| five consecutive years following the date last required in
|
0007| accordance with Subsection D of this section or after notifying the
|
0008| board of its future withdrawal if not required in accordance with
|
0009| Subsection D of this section unless:
|
0010| (1) the member substitutes another approved health
|
0011| plan for the plan withdrawn; or
|
0012| (2) the board allows the plan to be withdrawn
|
0013| because it imposes a serious hardship upon the member.
|
0014| G. No member shall be required to offer an approved
|
0015| health plan if the member notifies the superintendent in writing
|
0016| that it will no longer offer health insurance, life insurance or
|
0017| annuities in the state, except for renewal of existing contracts,
|
0018| provided that:
|
0019| (1) the member does not offer or provide health
|
0020| insurance, life insurance or annuities for a period of five years
|
0021| from the date of notification to the superintendent to any person
|
0022| in the state who is not covered by the member through a health
|
0023| insurance policy in effect on the date of the notification; and
|
0024| (2) with respect to health or life insurance
|
0025| policies or annuities in effect on the date of notification to the
|
0001| superintendent, the member continues to comply with all applicable
|
0002| laws and regulations governing the provision of insurance in this
|
0003| state, including the payment of applicable taxes, fees and
|
0004| assessments."
|
0005| Section 8. Section 59A-56-9 NMSA 1978 (being Laws 1994,
|
0006| Chapter 75, Section 9) is amended to read:
|
0007| "59A-56-9. REINSURANCE.--
|
0008| A. [Any] A member offering an approved health plan
|
0009| [to small employers] shall be reinsured for certain losses by the
|
0010| alliance. Within six months following the end of each calendar
|
0011| year in which the member offering the approved health plan paid
|
0012| more in incurred claims [than], plus the member's reinsurance
|
0013| premium pursuant to Subsection B of this section, than eighty-five
|
0014| percent of earned premiums received by the member [received in
|
0015| gross earned premiums] on all approved health plans issued by the
|
0016| member, [combined] the member shall receive from the alliance the
|
0017| excess amount for the calendar year by which the incurred claims
|
0018| and reinsurance premium exceeded eighty-five percent of the
|
0019| [gross] earned premiums received by the alliance or its
|
0020| administrator.
|
0021| B. The alliance shall withhold from all premiums that it
|
0022| receives a reinsurance premium as established by the board. The
|
0023| reinsurance premium shall not exceed five percent of premiums paid
|
0024| [by insured groups] in [their] the first year of coverage and
|
0025| shall not exceed ten percent of [such] premiums for renewal
|
0001| years. In determining the reinsurance premium for a particular
|
0002| calendar year, the board shall set the reinsurance premium at a
|
0003| rate that will recover the total reinsurance loss for the preceding
|
0004| year over a reasonable number of years in accordance with sound
|
0005| actuarial principles."
|
0006| Section 9. Section 59A-56-10 NMSA 1978 (being Laws 1994,
|
0007| Chapter 75, Section 10) is amended to read:
|
0008| "59A-56-10. ADMINISTRATION.--The alliance shall deduct from
|
0009| premiums collected for approved health plans an administrative
|
0010| charge as set by the board. The administrative charge shall be
|
0011| determined before the beginning of each calendar year. The maximum
|
0012| administrative charge the alliance may charge is ten percent of
|
0013| [gross] premiums [from a small employer] in the first year and
|
0014| five percent of [gross] premiums in renewal years."
|
0015| Section 10. Section 59A-56-11 NMSA 1978 (being Laws 1994,
|
0016| Chapter 75, Section 11) is amended to read:
|
0017| "59A-56-11. ASSESSMENTS.--
|
0018| A. After the completion of each calendar year, the
|
0019| alliance shall assess all its members for the [total] net
|
0020| reinsurance loss in the previous calendar year and for the net
|
0021| administrative loss that occurred in the previous calendar year,
|
0022| taking into account investment income for the period and other
|
0023| appropriate gains and losses using the following definitions:
|
0024| (1) net reinsurance losses shall be the
|
0025| [reinsurance incurred claims against the alliance for the previous
|
0001| calendar year reduced by the reinsurance earned] amount
|
0002| determined for the previous calendar year in accordance with
|
0003| Subsection A of Section 59A-56-9 NMSA 1978 for all members offering
|
0004| an approved health plan reduced by reinsurance premiums charged by
|
0005| the alliance in the previous calendar year; and
|
0006| (2) net administrative losses shall be the
|
0007| administrative expenses incurred by the alliance in the previous
|
0008| calendar year and projected for the current calendar year less
|
0009| the sum of administrative allowances [earned] received by the
|
0010| alliance and any legislative appropriation for the period, but, in
|
0011| the event of an administrative gain, net administrative losses for
|
0012| the purpose of assessments shall be considered zero, and the gain
|
0013| shall be carried forward to the administrative fund for the next
|
0014| calendar year as an additional allowance.
|
0015| B. The assessment for each member shall be determined by
|
0016| multiplying the total losses of the alliance's operation, as
|
0017| defined in Subsection A of this section, by a fraction, the
|
0018| numerator of which [equals] is an amount equal to that member's
|
0019| total [premium] premiums, or [its] the equivalent,
|
0020| exclusive of premiums received by the member for an approved
|
0021| health plan for health insurance written in the state during the
|
0022| preceding calendar year and the denominator of which equals the
|
0023| total premiums of all health insurance [premiums] written in
|
0024| the state during the preceding calendar year exclusive of premiums
|
0025| for approved health plans; provided that [premium income] total
|
0001| premiums shall not include payments by the secretary of human
|
0002| services pursuant to a contract issued under Section 1876 of the
|
0003| federal Social Security Act, [and shall not include premium
|
0004| income] total premiums exempted by the federal Employee
|
0005| Retirement Income Security Act of 1974 or [other] federal
|
0006| government programs.
|
0007| C. If assessments exceed actual reinsurance losses and
|
0008| administrative losses of the alliance, the excess shall be held at
|
0009| interest by the board to offset future losses.
|
0010| D. To enable the board to properly determine the net
|
0011| reinsurance amount and its responsibility for reinsurance to each
|
0012| member:
|
0013| (1) by April 15 of each year, each member offering
|
0014| an approved health plan shall submit a listing of all incurred
|
0015| claims [or health charges of each approved health plan for the
|
0016| previous year, including all claims or health charges incurred in
|
0017| the previous year and paid prior to April 1 of the current year.
|
0018| From this amount shall be subtracted and identified by list all
|
0019| incurred claims or health charges of each approved health plan paid
|
0020| in the previous year's months of January, February and March
|
0021| incurred prior to] for the previous year; and
|
0022| (2) by April 15 of each year, each member shall
|
0023| submit a report that includes the total [amount of all] earned
|
0024| premiums received during the prior year less [any earned premium]
|
0025| the total earned premiums exempted by federal government
|
0001| programs.
|
0002| E. The alliance shall notify [members] each member of
|
0003| the amount of [the] its assessment due by May 15 of each year.
|
0004| The assessment shall be paid by the member by June 15 of each year.
|
0005| F. The proportion of participation of each member in the
|
0006| alliance shall be determined annually by the board, based on annual
|
0007| statements filed by each member and other reports deemed necessary
|
0008| by the board. Any deficit incurred by the alliance shall be
|
0009| recouped by assessments apportioned among the members pursuant to
|
0010| the formula provided in Subsection B of this section; provided that
|
0011| the assessment paid for any member shall be allowed as a credit on
|
0012| the future premium tax return for that member, with the credit
|
0013| limited to fifty percent of the premium tax due the first year
|
0014| the assessment is imposed; forty percent the second year; and
|
0015| thirty percent the third and all subsequent years.
|
0016| G. The board may [abate or] defer, in whole or in part,
|
0017| the payment of an assessment of a member if, in the opinion of
|
0018| the board, after approval of the superintendent, payment of the
|
0019| assessment would endanger the ability of the member to fulfill its
|
0020| contractual obligations. In the event payment of an assessment
|
0021| against a member is [abated or] deferred, the amount [by which
|
0022| such assessment is abated or] deferred may be assessed against the
|
0023| other members in a manner consistent with the basis for assessments
|
0024| set forth in Subsection A of this section. [The member receiving
|
0025| the abatement or deferment shall remain liable to the alliance for
|
0001| the deficiency for four years including interest at the prevailing
|
0002| rate as determined by regulation of the superintendent. The board
|
0003| may sue to recover the abatement or deferment plus interest and
|
0004| costs.] The member receiving the deferment shall pay the
|
0005| assessment in full plus interest at the prevailing rate as
|
0006| determined by regulation of the superintendent within four years
|
0007| from the date payment is deferred. After four years but within
|
0008| five years of the date of the deferment, the board may sue to
|
0009| recover the amount of the deferred payment plus interest and costs.
|
0010| Board actions to recover deferred payments brought after five years
|
0011| of the date of deferment are barred. Any amount received shall be
|
0012| deducted from future assessments or reimbursed pro rata to the
|
0013| members paying the deferred assessment.
|
0014| H. In addition to the assessments provided in this
|
0015| section for reinsurance and administrative losses, the board may
|
0016| impose on all members annually an assessment not to exceed two
|
0017| hundred dollars ($200) for the board to hire consultants and plan
|
0018| and develop alliance programs. This additional assessment shall be
|
0019| allowed as a credit on the next premium tax due for the member."
|
0020| Section 11. Section 59A-56-13 NMSA 1978 (being Laws 1994,
|
0021| Chapter 75, Section 13) is amended to read:
|
0022| "59A-56-13. ALLIANCE ADMINISTRATOR.--
|
0023| A. The board may select an alliance administrator through
|
0024| a competitive request for proposal process. The board shall
|
0025| evaluate proposals based on criteria established by the board that
|
0001| shall include:
|
0002| (1) proven ability to [handle accident and]
|
0003| administer health insurance programs;
|
0004| (2) an estimate of total charges for administering
|
0005| the alliance for the proposed contract period; and
|
0006| (3) ability to administer the alliance in a cost-efficient manner.
|
0007| B. The alliance administrator contract shall be for a
|
0008| period up to four years, subject to annual renegotiation of the
|
0009| fees and services, and shall provide for cancellation of the
|
0010| contract for cause, termination of the alliance by the legislature
|
0011| or the combining of the alliance with a governmental body.
|
0012| C. At least one year prior to the expiration of [each
|
0013| four-year period of service by the] an alliance administrator
|
0014| contract, the board [shall] may invite all interested
|
0015| parties, including the current administrator, to submit [bids]
|
0016| proposals to serve as alliance administrator for [up to] a
|
0017| succeeding [four-year] contract period. Selection of the
|
0018| administrator for a succeeding contract period shall be made at
|
0019| least six months prior to the expiration of the current contract.
|
0020| D. The alliance administrator shall:
|
0021| (1) take applications for an approved health plan
|
0022| from small employers or a referring agent;
|
0023| (2) establish a premium billing procedure for
|
0024| collection of premiums from insureds. Billings shall be made on a
|
0025| periodic basis, not less than monthly, as determined by the board;
|
0001| (3) pay the member that offers an approved health
|
0002| plan the net premium due after deduction of reinsurance and
|
0003| administrative allowances;
|
0004| (4) provide the member with any changes in the
|
0005| status of insureds;
|
0006| (5) perform all necessary functions to assure that
|
0007| each member is providing timely payment of benefits to individuals
|
0008| covered under an approved health plan, including:
|
0009| (a) making information available to insureds
|
0010| relating to the proper manner of submitting a claim for benefits to
|
0011| the member offering the approved health plan and distributing forms
|
0012| on which submissions shall be made; and
|
0013| (b) making information available on approved
|
0014| health plan benefits and rates to insureds;
|
0015| (6) submit regular reports to the board regarding
|
0016| the operation of the alliance, the frequency, content and form of
|
0017| which shall be determined by the board;
|
0018| (7) following the close of each fiscal year,
|
0019| determine [net written] premiums of members, the expense of
|
0020| administration and the paid and incurred [losses] health care
|
0021| service charges for the year and report this information to the
|
0022| board and the superintendent on a form prescribed by the
|
0023| superintendent; and
|
0024| (8) establish the premiums for reinsurance and the
|
0025| administrative charges, subject to approval of the board."
|
0001| Section 12. Section 59A-56-14 NMSA 1978 (being Laws 1994,
|
0002| Chapter 75, Section 14) is amended to read:
|
0003| "59A-56-14. ELIGIBILITY--GUARANTEED ISSUE--PLAN
|
0004| PROVISIONS.--
|
0005| A. A small employer is eligible for an approved health
|
0006| plan if on the effective date of coverage or renewal:
|
0007| (1) at least fifty percent of its eligible
|
0008| employees not otherwise insured elect to be covered under the
|
0009| approved health plan; [and]
|
0010| (2) the small employer has not terminated coverage
|
0011| with an approved health plan within three years of the date of
|
0012| application for coverage except to change to another approved
|
0013| health plan; and
|
0014| (3) the small employer does not offer other general
|
0015| group health insurance coverage to its employees. For the purposes
|
0016| of this paragraph, general group health insurance coverage excludes
|
0017| coverage providing only a specific limited form of health insurance
|
0018| such as accident or disability income insurance coverage or a
|
0019| specific health care service such as dental care.
|
0020| B. An approved health plan shall provide [that coverage
|
0021| of a dependent unmarried individual terminates when the individual
|
0022| becomes nineteen years of age or, if the individual is enrolled
|
0023| full time in an accredited educational institution, when the
|
0024| individual becomes twenty-five years of age] coverage for a
|
0025| child. The policy shall also provide in substance that attainment
|
0001| of the limiting age by an unmarried dependent individual does not
|
0002| operate to terminate coverage when the individual continues to be
|
0003| incapable of self-sustaining employment by reason of [mental
|
0004| retardation] developmental disability or physical handicap and
|
0005| the individual is primarily dependent for support and maintenance
|
0006| upon the employee. Proof of incapacity and dependency shall be
|
0007| furnished to the alliance and the member that offered the approved
|
0008| health plan within one hundred twenty days of attainment of the
|
0009| limiting age. The board may require subsequent proof annually
|
0010| after a two-year period following attainment of the limiting age.
|
0011| C. An approved health plan shall provide that the health
|
0012| insurance benefits applicable for eligible dependents are payable
|
0013| with respect to a newly born child of the family member or the
|
0014| individual in whose name the contract is issued from the moment of
|
0015| birth, including the necessary care and treatment of medically
|
0016| diagnosed congenital defects and birth abnormalities. If payment
|
0017| of a specific premium is required to provide coverage for the
|
0018| child, the contract may require that notification of the birth of a
|
0019| child and payment of the required premium shall be furnished to the
|
0020| member within thirty-one days after the date of birth in order to
|
0021| have the coverage from birth. An approved health plan shall
|
0022| provide that the health insurance benefits applicable for eligible
|
0023| dependents are payable for an adopted child in accordance with the
|
0024| provisions of Section 59A-22-34.1 NMSA 1978.
|
0025| D. Except as provided in Subsections E, [and] G and H
|
0001| of this section, an approved health plan may contain provisions
|
0002| under which coverage is excluded during a six-month period
|
0003| following the effective date of coverage of an individual for
|
0004| preexisting conditions, as long as either of the following exists:
|
0005| (1) the condition has manifested itself within a
|
0006| period of six months before the effective date of coverage in such
|
0007| a manner as would cause an ordinarily prudent person to seek
|
0008| diagnosis or treatment; or
|
0009| (2) medical advice or treatment was recommended or
|
0010| received within a period of six months before the effective date of
|
0011| coverage.
|
0012| E. The preexisting condition exclusions described in
|
0013| Subsection D of this section shall be waived to the extent to which
|
0014| similar exclusions have been satisfied under any prior health
|
0015| insurance coverage if the application for health insurance through
|
0016| the alliance is made not later than thirty-one days following the
|
0017| termination of the prior coverage. In that case, coverage through
|
0018| the alliance shall be effective from the date on which the prior
|
0019| coverage was terminated. This subsection does not prohibit
|
0020| preexisting conditions coverage in an approved health plan that is
|
0021| more favorable to the [insured] covered individual than that
|
0022| specified in this subsection.
|
0023| F. An individual is not eligible for coverage by the
|
0024| alliance if he:
|
0025| (1) [he] is [at the time of application] eligible
|
0001| for medicare; provided, however, if an individual has health
|
0002| insurance coverage from an employer whose group includes twenty or
|
0003| more individuals, an individual eligible for medicare who continues
|
0004| to be employed may choose to be covered through an approved health
|
0005| plan;
|
0006| (2) [he] has voluntarily terminated health
|
0007| insurance issued through the alliance within the past twelve months
|
0008| unless it was due to a change in employment; or
|
0009| (3) [he] is an inmate of a public institution [or
|
0010| is eligible for public programs, other than state-funded programs,
|
0011| for which medical care is provided].
|
0012| G. The alliance shall provide for an open enrollment
|
0013| period of sixty days from the initial offering of an approved
|
0014| health plan. Individuals enrolled during the open enrollment
|
0015| period shall not be subject to the preexisting conditions
|
0016| limitation.
|
0017| H. If an insured covered by an approved health plan
|
0018| switches to another approved health plan that provides increased or
|
0019| additional benefits such as lower deductible or co-payment
|
0020| requirements, the member offering the approved health plan with
|
0021| increased or additional benefits may require the six-month period
|
0022| for preexisting conditions provided in Subsection D of this section
|
0023| to be satisfied prior to receipt of the additional benefits.
|
0024| I. An approved health plan shall provide for a thirty-day reinstatement period from the end of a grace period provided by
|
0025| the approved health plan, requiring payments of all back premiums
|
0001| plus a penalty of five percent of the annualized premium. Any
|
0002| claims incurred between the date through which premiums have been
|
0003| paid and the date of reinstatement are not covered unless covered
|
0004| by the conditions of the approved health plan."
|
0005| Section 13. Section 59A-56-17 NMSA 1978 (being Laws 1994,
|
0006| Chapter 75, Section 17) is amended to read:
|
0007| "59A-56-17. BENEFITS.--
|
0008| A. An approved health plan [issued through the
|
0009| alliance] shall pay for [or provide] medically necessary
|
0010| eligible expenses that exceed the deductible, co-payment and co-insurance amounts applicable under the provisions of Section [18
|
0011| of the Health Insurance Alliance Act] 59A-56-18 NMSA 1978 and
|
0012| are not otherwise limited or excluded. The Health Insurance
|
0013| Alliance Act does not prohibit the board from approving additional
|
0014| types of health plan designs with similar cost-benefit structures
|
0015| or other types of health plan designs. An approved health plan
|
0016| for small employers shall, at a minimum, reflect the levels of
|
0017| health insurance coverage generally available in New Mexico for
|
0018| small employer group policies, but an approved health plan for
|
0019| small employers may also offer health plan designs that are not
|
0020| generally available in New Mexico for small employer group
|
0021| policies.
|
0022| B. The board may design and require an approved health
|
0023| plan to contain cost-containment measures and requirements,
|
0024| including managed care, pre-admission certification, [and]
|
0025| concurrent inpatient review and the use of fee schedules for
|
0001| health care providers, including the diagnosis-related grouping
|
0002| system and the resource-based relative value system."
|
0003| Section 14. Section 59A-56-18 NMSA 1978 (being Laws 1994,
|
0004| Chapter 75, Section 18) is amended to read:
|
0005| "59A-56-18. DEDUCTIBLES--CO-INSURANCE--MAXIMUM OUT-OF-POCKET
|
0006| PAYMENTS.--
|
0007| A. Subject to the limitations provided in Subsection C of
|
0008| this section, an approved health plan offered through the alliance
|
0009| may impose a deductible on a per-person calendar year basis. [A
|
0010| deductible plan of five hundred dollars ($500) shall initially be
|
0011| offered.] Approved health plans offered by health maintenance
|
0012| [organization plans] organizations shall provide equivalent
|
0013| cost-benefit structures. The board may authorize deductibles in
|
0014| other amounts and equivalent cost-benefit structures. [The
|
0015| deductible shall be applied to the first five hundred dollars
|
0016| ($500) or any other amount determined as deductible by the board of
|
0017| eligible expenses incurred by the covered individual.]
|
0018| B. Subject to the limitations provided in Subsection C of
|
0019| this section, a mandatory co-insurance requirement [shall] for
|
0020| an approved health plan may be imposed [at an average not to
|
0021| exceed thirty percent] as a percentage of eligible expenses in
|
0022| excess of [the mandatory] a deductible. Health maintenance
|
0023| organizations shall impose equivalent cost-benefit structures.
|
0024| C. The maximum aggregate out-of-pocket payments for
|
0025| eligible expenses [or health care services] by the covered
|
0001| individual shall be determined by the board."
|
0002| Section 15. Section 59A-56-19 NMSA 1978 (being Laws 1994,
|
0003| Chapter 75, Section 19) is amended to read:
|
0004| "59A-56-19. DEPENDENT FAMILY MEMBER REQUIRED COVERAGE--SMALL
|
0005| EMPLOYER RESPONSIBILITY.--
|
0006| A. A small employer [may] shall collect or make a
|
0007| payroll deduction from the compensation of an employee for the
|
0008| portion of the approved health plan cost the employee is
|
0009| responsible for paying. The small employer may contribute to the
|
0010| cost of that plan on behalf of the employee.
|
0011| B. A small employer shall make available to dependent
|
0012| family members of an employee covered by an approved health plan
|
0013| the same approved health plan. The small employer may contribute
|
0014| to the cost of [group] family coverage.
|
0015| C. All premiums collected, deducted from the compensation
|
0016| of employees or paid on their behalf by the small employer shall be
|
0017| promptly remitted to the alliance."
|
0018| Section 16. Section 59A-56-20 NMSA 1978 (being Laws 1994,
|
0019| Chapter 75, Section 20) is amended to read:
|
0020| "59A-56-20. RENEWABILITY.--
|
0021| A. An approved health plan shall contain provisions under
|
0022| which the member offering the plan is obligated to renew the health
|
0023| insurance if premiums are paid until the day the plan is replaced
|
0024| by another plan or the small employer terminates coverage. An
|
0025| individual covered by health insurance under an approved health
|
0001| plan may retain coverage until he [first] becomes eligible for
|
0002| medicare as the primary coverage, except that in a family policy
|
0003| [the age of the younger family member shall be used to continue
|
0004| the coverage and as the basis for eligibility] coverage under an
|
0005| approved health plan shall continue for any person in the family
|
0006| who is not eligible for medicare.
|
0007| B. If an approved health plan ceases to exist, the
|
0008| alliance shall provide an alternate approved health plan.
|
0009| C. An approved health plan shall provide covered
|
0010| individuals the right to continue health insurance coverage through
|
0011| an approved health plan as individual health insurance provided
|
0012| by the same member upon the death of the employee or upon the
|
0013| divorce, annulment or dissolution of marriage or legal separation
|
0014| of the spouse from the employee or by termination of employment by
|
0015| electing to do so within a period of time specified in the health
|
0016| insurance, provided that the employee was covered under an
|
0017| approved health plan while employed for at least six consecutive
|
0018| months. The individual may be charged an additional
|
0019| administrative charge for the individual health insurance.
|
0020| D. The right to continue health insurance coverage
|
0021| provided in this section terminates if the covered individual
|
0022| resides outside the United States for more than six consecutive
|
0023| months."
|
0024| Section 17. Section 59A-56-21 NMSA 1978 (being Laws 1994,
|
0025| Chapter 75, Section 21) is amended to read:
|
0001| "59A-56-21. [RULES] REGULATIONS.--The superintendent
|
0002| shall:
|
0003| A. adopt [rules] regulations that provide for
|
0004| disclosure by members of the availability of health insurance from
|
0005| the alliance; and
|
0006| B. adopt [rules] regulations to carry out the
|
0007| provisions of the Health Insurance Alliance Act."
|
0008| Section 18. Section 59A-56-23 NMSA 1978 (being Laws 1994,
|
0009| Chapter 75, Section 23) is amended to read:
|
0010| "59A-56-23. RATES--STANDARD RISK RATE--EXPERIENCE RATING
|
0011| PROHIBITED.--
|
0012| A. The alliance shall determine a standard risk rate
|
0013| index by actuarially calculating the average index rates that the
|
0014| insurer has filed under the requirements of the Small Group Rate
|
0015| and Renewability Act with the benefits similar to the alliance's
|
0016| standard approved health plan. A standard risk rate based on age
|
0017| and other appropriate demographic characteristics may be used. No
|
0018| standard risk rate shall be more than [fifteen] ten percent
|
0019| higher or [fifteen] ten percent lower than the average index
|
0020| rate. In determining the standard risk rate, the alliance shall
|
0021| consider the benefits provided by the approved health plan.
|
0022| B. Experience rating is not allowed other than for
|
0023| reinsurance purposes.
|
0024| C. All rates and rate schedules shall be submitted to the
|
0025| superintendent for approval prior to use."
|
0001| Section 19. Section 59A-56-24 NMSA 1978 (being Laws 1994,
|
0002| Chapter 75, Section 24) is amended to read:
|
0003| "59A-56-24. BENEFIT PAYMENTS REDUCTION.--
|
0004| A. An approved health plan shall be the last payer of
|
0005| benefits whenever any other benefit is available. Benefits
|
0006| otherwise payable under the approved health plan shall be reduced
|
0007| by all amounts paid or payable through any other health insurance
|
0008| and by all hospital and medical expense benefits paid or payable
|
0009| under any workers' compensation coverage, automobile medical
|
0010| payment or liability insurance, whether provided on the basis of
|
0011| fault or no-fault, and by any hospital or medical benefits paid or
|
0012| payable under or provided pursuant to any state or federal [law]
|
0013| program, excluding medicaid.
|
0014| B. The administrator or the alliance shall have a cause
|
0015| of action against any person covered by an approved health plan for
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0016| the recovery of the amount of benefits paid that are not for
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0017| [covered] eligible expenses. Benefits due from the approved
|
0018| health plan may be reduced or refused as a set-off against any
|
0019| amount recoverable under this section."
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0020| Section 20. TEMPORARY PROVISION--REPORT.--The department of
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0021| insurance and the New Mexico health insurance alliance shall
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0022| prepare and publish a report to the legislature and the governor by
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0023| October 1 of each year beginning on October 1, 1996 on the alliance
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0024| programs and recommendations to facilitate participation in the
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0025| alliance programs. The report shall include a director's report
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0001| from members and insured representatives that reflects comments
|
0002| made by members and insureds regarding the alliance for each year
|
0003| the directors are required to report to the legislature and the
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0004| governor.
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0005| Section 21. REPEAL.--Laws 1994, Chapter 75, Section 35 is
|
0006| repealed.
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0007| Section 22. EMERGENCY.--It is necessary for the public peace,
|
0008| health and safety that this act take effect immediately.
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0009|
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0010| State of New Mexico
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0011| House of Representatives
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0012|
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0013| FORTY-SECOND LEGISLATURE
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0014| FIRST SPECIAL SESSION,1996
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0015|
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0016|
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0017| March 21, 1996
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0018|
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0019|
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0020| Mr. Speaker:
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0021|
|
0022| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0023| whom has been referred
|
0024|
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0025| SENATE FINANCE COMMITTEE SUBSTITUTE
|
0001| FOR SENATE BILL 7
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0002|
|
0003| has had it under consideration and reports same with
|
0004| recommendation that it DO PASS.
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0005|
|
0006| Respectfully submitted,
|
0007|
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0008|
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0009|
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0010|
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0011| Max Coll, Chairman
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0012|
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0013|
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0014| Adopted Not Adopted
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0015|
|
0016| (Chief Clerk) (Chief Clerk)
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0017|
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0018| Date
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0019|
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0020| The roll call vote was 12 For 6 Against
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0021| Yes: 12
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0022| No: Bird, Buffett, Knowles, Reyes, Townsend, Wallace
|
0023| Excused: None
|
0024| Absent: None
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0025|
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0001|
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0002|
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0003| S0007AF1
|