reglab/housing_qa huggingface dataset:
NM Stat § 59A-45-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-11 - Cancellation of insurance contract upon default.

A. When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel any insurance contract or contracts listed in the agreement, the insurance contract or contracts shall not be cancelled by the premium finance company unless such cancellation is made in accordance with this article. B. Not less than ten (10) days written notice shall be mailed to the insured of the intent of the premium finance company to cancel the insurance contract unless the default is cured within the ten-day period. C. After expiration of the ten-day period, the premium finance company may thereafter request, in the name of the insured, cancellation of such insurance contract or contracts by mailing to the insurer or its licensed agent a notice of cancellation, and the insurance contract shall be cancelled as if such notice of cancellation had been submitted by the insured himself, but without requiring the return of the insurance contract or contracts. The premium finance company shall also mail a notice of cancellation to the insured at his last known address. D. All statutory, regulatory and contractual restrictions providing that the insurance contract may not be given to a governmental agency, mortgagee or other third party, shall apply where cancellation is made under this section. The insurer or its licensed agent shall give the prescribed notice on behalf of itself or the insured to any governmental agency, mortgagee or other third party on or before the tenth (10) [10th] business day after the day it receives the notice of cancellation from the premium finance company and shall determine the effective date of cancellation, taking into consideration the number of days' notice required to complete the cancellation. E. Whenever an insurance contract is cancelled in accordance with this section, the insurer or its licensed agent shall return whatever gross unearned premiums are due under the insurance contract to the premium finance company effecting the cancellation for the account of the insured or insureds. F. In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund such excess to the insured provided that no such refund shall be required if it amounts to less than one dollar ($1). History: Laws 1984, ch. 127, § 842. ANNOTATIONSReturn of unearned premiums. — This section requires an insurer to return unearned premiums before the cancellation of an insurance policy financed by a premium finance company becomes effective. Rodeo, Inc. v. Columbia Cas. Co., 2007-NMCA-013, 141 N.M. 32, 150 P.3d 982, cert. denied, 2007-NMCERT-001, 141 N.M. 163, 152 P.3d 150.
NM Stat § 59A-45-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-12 - Exemption from any filing requirement.

No filing of the premium finance agreement shall be necessary to perfect the validity of such agreement as a secured transaction as against creditors, subsequent purchasers, pledges and encumbrances, successor or assigns. History: Laws 1984, ch. 127, § 843.
NM Stat § 59A-45-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-13 - Revocation and suspension of licenses.

A. The superintendent may revoke or suspend the insurance premium financing license of any person when after investigation it appears to the superintendent that: (1) any license issued to such person was obtained by fraud; (2) there was any misrepresentation in the application of the license; (3) the holder of such license has otherwise shown himself untrustworthy or incompetent to act as a premium finance company; (4) such person has violated any of the provisions of this article; or (5) such person has been rebating part of any valid service charge to an insurance agent, his employee or to any other person as an inducement to the financing of any insurance policy. B. The procedures for revocation and suspension of licenses shall be established by the superintendent through rule and regulation. History: Laws 1984, ch. 127, § 844.
NM Stat § 59A-45-14 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-14 - Cease and desist order from the superintendent.

Upon a determination by hearing that a person has violated any provision of this article or any rules or regulations adopted thereunder, the superintendent may issue an order requiring the person to cease and desist from engaging in such violation. If the alleged violator fails to comply with the cease and desist order from the superintendent, the superintendent shall bring action for injunction in the district court in the county of Santa Fe. History: Laws 1984, ch. 127, § 845. ANNOTATIONSCross references. — For injunctions, see Rule 1-066 NMRA.
NM Stat § 59A-45-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-15 - Civil penalties.

In addition to any penalties imposed pursuant to Sections 844 or 845 [59A-45-13 or 59A-45-14 NMSA 1978] of this article, the district court may, in an action filed by the superintendent, impose the following civil penalties: A. for each violation of this article a penalty of not more than one thousand dollars ($1,000) but not to exceed an aggregate penalty of ten thousand dollars ($10,000) in any six-month period; and B. for each violation of an order issued by the superintendent pursuant to Section 845 of this article, a penalty of not more than ten thousand dollars ($10,000). History: Laws 1984, ch. 127, § 846.
NM Stat § 59A-45-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-16 - Other code provisions applicable.

The following additional articles and provisions of the Insurance Code shall also apply, as applicable, to insurance premium finance companies and their operations: A. Article 1 [Chapter 59A, Article 1 NMSA 1978] (scope of code, initial definitions, general penalty); B. Article 2 [Chapter 59A, Article 2 NMSA 1978] (department of insurance); C. Article 4 [Chapter 59A, Article 4 NMSA 1978] (examination, hearings and appeals); D. Article 10 [Chapter 59A, Article 10 NMSA 1978] (administration of deposits); E. Article 16 [Chapter 59A, Article 16 NMSA 1978] (trade practices and frauds); and F. Article 53 [not codified] (transitory provisions). History: Laws 1984, ch. 127, § 847. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The reference in Subsection F to "Article 53 (transitory provisions)" apparently refers to the uncodified article 53 of Laws 1984, ch. 127, which contains sections 989 to 997 of the act pertaining to repeals of sections of the former Insurance Code in Chapter 59 NMSA 1978, continuation of certain departments, boards and offices, continuation under Chapter 59A NMSA 1978 of certificates of authority, licenses, bonds, forms, etc. granted or approved under provision in the former Insurance Code in Chapter 59 NMSA 1978, and other transitory provisions. Cross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-46-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 46 - Health Maintenance Organizations|Section 59A-46-1 - Short title.

Chapter 59A, Article 46 NMSA 1978 may be cited as the "Health Maintenance Organization Law". History: Laws 1984, ch. 127, § 848; 1993, ch. 266, § 1. ANNOTATIONSThe 1993 amendment, effective January 1, 1994, substituted "Chapter 59A, Article 46 NMSA 1978" for "This article" and substituted "'Law'" for "'Act.'". Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of health maintenance organizations (hmos) for negligence of member physicians, 51 A.L.R.5th 271.
NM Stat § 59A-46-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 46 - Health Maintenance Organizations|Section 59A-46-4 - Issuance of certificate of authority.

A. Upon receipt of an application for issuance of a certificate of authority, the superintendent may transmit copies of such application and accompanying documents to the secretary of health. B. If requested by the superintendent, the secretary of health shall determine whether the applicant for a certificate of authority, with respect to health care services to be furnished, has complied with Section 59A-46-7 NMSA 1978. C. If requested by the superintendent, the secretary of health shall certify to the superintendent, within forty-five days of receipt of the application for issuance of a certificate of authority, that the proposed health maintenance organization meets the requirements of Section 59A-46-7 NMSA 1978 or notify the superintendent that the health maintenance organization does not meet such requirements and specify in what respects it is deficient. D. The superintendent shall within forty-five days of receipt of certification or notice of deficiencies from the secretary of health pursuant to Subsection C of this section, or within sixty days of receipt of the application indicated in Subsection A of this section if no request has been made of the secretary of health, issue a certificate of authority to any person filing a completed application upon receiving the prescribed fees and upon the superintendent being satisfied that: (1) the persons responsible for the conduct of the affairs of the applicant are competent, trustworthy and possess good reputations; (2) any deficiencies identified by the secretary of health pursuant to Subsection C of this section have been corrected and the secretary of health has certified to the superintendent that the health maintenance organization's proposed plan of operation meets the requirements of Section 59A-46-7 NMSA 1978; (3) the health maintenance organization will effectively provide or arrange for the provision of basic health care services on a prepaid basis, through insurance or otherwise, except to the extent of reasonable requirements for copayments or deductibles, or both; and (4) the health maintenance organization is in compliance with Sections 59A-46-13 and 59A-46-15 NMSA 1978. E. A certificate of authority shall be denied only after the superintendent complies with the requirements of Section 59A-46-20 NMSA 1978. History: 1978 Comp., § 59A-46-4, enacted by Laws 1993, ch. 266, § 4. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 266, § 43 repealed former 59A-46-4 NMSA 1978, as enacted by Laws 1984, ch. 127, § 851, and Laws 1993, ch. 266, § 4 enacted a new section, effective January 1, 1994.
NM Stat § 59A-46-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 46 - Health Maintenance Organizations|Section 59A-46-5 - Powers of health maintenance organizations.

A. The powers of a health maintenance organization include, but are not limited to, the following: (1) the purchase, lease, construction, renovation, operation or maintenance of hospitals, medical facilities, or both, and their ancillary equipment, and such property as may reasonably be required for its principal office or for such purposes as may be necessary in the transaction of the business of the organization; (2) transactions between or among affiliated entities, including loans and the transfer of responsibility under all contracts, including without limitation provider and subscriber contracts between or among affiliates or between the health maintenance organization and its parent; (3) the furnishing of health care services through providers, provider associations or agents for providers that are under contract with or employed by the health maintenance organization; (4) the contracting with any person for the performance on its behalf of certain functions such as marketing, enrollment and administration; (5) the contracting with an authorized insurer in this state for the provision of insurance, indemnity or reimbursement against the cost of health care services provided by the health maintenance organization; (6) the offering of other health care services, in addition to basic health care services; and (7) the joint marketing of products with an insurer authorized to do business in this state as long as the company that is offering each product is clearly identified. B. A health maintenance organization shall file notice, with adequate supporting information, with the superintendent prior to the exercise of any power granted in Paragraph (1), (2) or (4) of Subsection A of this section that may affect the financial soundness of the health maintenance organization. The superintendent shall disapprove such exercise of power only if in his opinion it would substantially and adversely affect the financial soundness of the health maintenance organization and endanger its ability to meet its obligations. If the superintendent does not disapprove within thirty days of the filing, it shall be deemed approved, but the superintendent may in his sole discretion postpone the action for an additional thirty days as necessary for proper consideration of the effects of the proposed action. C. The superintendent may adopt rules and regulations exempting from the filing requirement of Subsection B of this section those activities having a de minimis effect. History: 1978 Comp., § 59A-46-5, enacted by Laws 1993, ch. 266, § 5. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 266, § 43 repealed former 59A-46-5 NMSA 1978, as enacted by Laws 1984, ch. 127, § 852, and Laws 1993, ch. 266, § 5 enacted a new section, effective January 1, 1994.
NM Stat § 59A-46-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 46 - Health Maintenance Organizations|Section 59A-46-6 - Fiduciary responsibilities; fidelity bond.

A. Any director, officer, employee or partner of a health maintenance organization who receives, collects, disburses or invests funds in connection with the activities of the organization shall be responsible for such funds in a fiduciary relationship to the organization. B. A health maintenance organization shall maintain in force a fidelity bond or fidelity insurance on the employees and officers, directors and partners described in Subsection A of this section in an amount not less than two hundred fifty thousand dollars ($250,000) for each health maintenance organization or a maximum of five million dollars ($5,000,000) in aggregate maintained on behalf of health maintenance organizations owned by a common parent corporation, or such sum as may be prescribed by the superintendent. History: 1978 Comp., § 59A-46-6, enacted by Laws 1993, ch. 266, § 6. ANNOTATIONSRecompilations. — Laws 1993, ch. 266, § 31 recompiled former 59A-46-6 NMSA 1978, as enacted by Laws 1984, ch. 127, § 853, relating to governing bodies, as 59A-46-33 NMSA 1978, effective January 1, 1994.
NM Stat § 59A-46-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 46 - Health Maintenance Organizations|Section 59A-46-9 - Annual report.

A. Every health maintenance organization shall annually, on or before the first day of March, file a report, verified by at least two principal officers, with the superintendent covering the preceding calendar year. B. The report shall be on forms prescribed by the superintendent and shall include: (1) a financial statement of the organization prepared pursuant to forms prescribed by the superintendent, including its balance sheet and receipts and disbursements for the preceding year; (2) any material changes in the information submitted pursuant to Subsection C of Section 59A-46-3 NMSA 1978; (3) the number of persons enrolled during the year and the number of enrollees as of the end of the year; and (4) such other reasonable information materially relating to the performance of the health maintenance organization as is necessary to enable the superintendent to carry out the superintendent's duties under the Insurance Code. C. In addition, the health maintenance organization shall file by the dates indicated: (1) on or before March 1, an annual statement in accordance with the requirements of Section 59A-5-29 NMSA 1978 and a risk-based capital report in accordance with the requirements of Section 59A-5A-3 NMSA 1978; (2) a list of the providers who have executed a contract that complies with Subsection E of Section 59A-46-13 NMSA 1978 on or before March 1; and (3) a description of the grievance procedures and the total number of grievances handled through such procedures, a compilation of the causes underlying those grievances and a summary of the final disposition of those grievances, on or before March 1. D. The superintendent may require such additional reports as are deemed necessary and appropriate to enable the superintendent to carry out the superintendent's duties under the Health Maintenance Organization Law. History: 1978 Comp., § 59A-46-9, enacted by Laws 1993, ch. 266, § 9; 2014, ch. 59, § 51. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 266, § 43 repealed former 59A-46-9 NMSA 1978, as amended by Laws 1986, ch. 51 § 3, and Laws 1993, ch. 266, § 9 enacted a new section, effective January 1, 1994. The 2014 amendment, effective July 1, 2014, required insurers to annually file a statement of financial condition and transactions and a risk-based capital report; in Subsection C, Paragraph (1), deleted "audited financial statements as of the end of the preceding calendar year on or before June 1 or within one hundred twenty days following the end of its fiscal year, whichever is later" and added the current language of the paragraph. Severability. — Laws 2014, ch. 59, § 54 provided that if any part or application of the provisions of Laws 2014, ch. 59 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 59A-46-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 46 - Health Maintenance Organizations|Section 59A-46-10 - Information to enrollees or subscribers.

A. A health maintenance organization shall provide to its subscribers or to its group contract holders for distribution to subscribers a list of providers upon enrollment and re-enrollment. B. Every health maintenance organization shall notify its subscribers within thirty days of any material change in the operation of the organization that will affect the service to subscribers directly. C. An enrollee shall be notified in writing by the health maintenance organization of the termination of any designated primary care provider who provided health care services to that enrollee. The health maintenance organization shall provide assistance to the enrollee in transferring to another participating primary care provider. D. The health maintenance organization shall provide to subscribers information on how services may be obtained, where additional information on access to services may be obtained and a number where the enrollee may contact the health maintenance organization at no cost to the enrollee. History: 1978 Comp., § 59A-46-10, enacted by Laws 1993, ch. 266, § 10. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 266, § 43 repealed former 59A-46-10 NMSA 1978, as enacted by Laws 1984, ch. 127, § 857, related to a complaint system, and Laws 1993, ch. 266, § 10 enacted a new section, effective January 1, 1994.
NM Stat § 59A-46-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 46 - Health Maintenance Organizations|Section 59A-46-11 - Grievance procedures.

A. Every health maintenance organization shall establish and maintain a grievance procedure that has been approved by the superintendent to provide procedures for the resolution of grievances initiated by enrollees. The health maintenance organization shall maintain records regarding grievances received since the date of its last examination of such grievances. B. The superintendent or his designee may examine such grievance procedures and records. History: 1978 Comp., § 59A-46-11, enacted by Laws 1993, ch. 266, § 11. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 266, § 43 repealed former 59A-46-11 NMSA 1978, as enacted by Laws 1984, ch. 127, § 858, related to investments, and Laws 1993, ch. 266, § 11 enacted a new section, effective January 1, 1994.
NM Stat § 59A-46-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 46 - Health Maintenance Organizations|Section 59A-46-12 - Investments.

With the exception of investments made in accordance with Paragraph (1) of Subsection A of Section 59A-46-5 NMSA 1978, the funds of a health maintenance organization shall be invested only in accordance with Chapter 59A, Article 9 NMSA 1978 and such regulations as the superintendent may promulgate consistent with that article and the provisions of the Health Maintenance Organization Law. History: 1978 Comp., § 59A-46-12, enacted by Laws 1993, ch. 266, § 12. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 266, § 43 repealed former 59A-46-12 NMSA 1978, as enacted by Laws 1984, ch. 127, § 859, related to trust deposits, and Laws 1993, ch. 266, § 12 enacted a new section, effective January 1, 1994.
NM Stat § 59A-46-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 46 - Health Maintenance Organizations|Section 59A-46-16 - Filing requirements for rating information.

A. No premium rate may be used until either a schedule of premium rates or methodology for determining premium rates has been filed with and approved by the superintendent. At the time the health maintenance organization files the rate with the superintendent it shall also file a schedule of benefits to which the rate applies. B. Either a specific schedule of premium rates, or a methodology for determining premium rates, shall be established in accordance with actuarial principles for various categories of enrollees; provided that the premium applicable to an enrollee shall not be individually determined based on the status of the enrollee's health. A certification by a qualified actuary or other qualified person acceptable to the superintendent as to the appropriateness of the rates or of the use of the methodology, based on reasonable assumptions, shall accompany the filing along with adequate supporting information. C. The superintendent may disapprove any such rates, or methodology for determining rates, found by him to be excessive, inadequate or unfairly discriminatory, considering the benefits to be provided. If the superintendent disapproves such filing, he shall notify the health maintenance organization, specifying the reasons for his disapproval. A hearing shall be conducted within thirty days after a request in writing by the person filing. The schedule or methodology shall be deemed approved if the superintendent does not disapprove the filing within thirty days, but the superintendent in his sole discretion may postpone taking action for an additional thirty days as necessary for proper consideration of the filing. History: 1978 Comp., § 59A-46-16, enacted by Laws 1993, ch. 266, § 16. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 266, § 43 repealed former 59A-46-16 NMSA 1978, as enacted by Laws 1984, ch. 127, § 863, related to examination, and Laws 1993, ch. 266, § 16 enacted a new section, effective January 1, 1994.