45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO HEALTH CARE; AMENDING THE NEW MEXICO INSURANCE CODE TO PROVIDE FOR MULTIPLE-EMPLOYER HEALTH CARE SELF-INSURANCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 59A-15-20 NMSA 1978 (being Laws 1991, Chapter 125, Section 26) is amended to read:

"59A-15-20. MULTIPLE-EMPLOYER WELFARE ARRANGEMENTS--

REGULATIONS.--

A. The superintendent, after a public hearing [thereon], shall, [make] no later than October 1, 2001, adopt reasonable rules and regulations governing any employee welfare benefit plan that is a multiple-employer welfare arrangement. The regulations at a minimum shall provide for:

(1) registration of all such plans and standards requiring the maintenance of specified levels of reserves; [and]

(2) minimum solvency requirements;

(3) accounting standards and reporting requirements;

(4) standards for appropriate investment of assets;

(5) standards for excess or stop-loss insurance coverage;

(6) specified levels of contributions that any such plan, or any trust established under such a plan, must meet;

(7) methods for equitable assessment of member employers for any funding shortfall; and

(8) standards for adequate governance.

B. The rules and regulations shall provide for compliance with the Patient Protection Act and provide standards for minimum benefits, including coverage of all benefits required of health insurance under other sections of the Insurance Code.

C. The rules and regulations shall provide that all employees or association members shall be eligible for participation in the plan.

D. Any [such] standards for determining or assuring solvency shall not be applicable to plans that are fully insured by carriers authorized to transact insurance in New Mexico. If at any time a plan does not meet the standards established, [no benefits may be paid under the plan] the superintendent may take action pursuant to the Insurance Code."