reglab/housing_qa huggingface dataset:
NM Stat § 59A-48-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-6 - Deposit requirement; exception.

A. A prepaid dental plan organization shall maintain on deposit with the state treasurer through the superintendent a surety bond guaranteeing services under the plan, or cash or securities eligible for investments of capital funds of health insurers under Chapter 59A, Article 9 NMSA 1978, in the following amounts depending on the number of members entitled to dental care services pursuant to contracts issued by the plan: || Number of Members    Deposit   || 2,500 or less    $25,000   || 2,501 - 5,000    30,000   || 5,001 - 7,500    40,000   || 7,501 - 10,000    50,000   || 10,001 - 15,000    75,000   || 15,001 - 20,000    100,000   || 20,001 - 25,000    125,000   || 25,001 - 30,000    150,000   || 30,001 - 40,000    175,000   || 40,001 and above    200,000   |B. The deposit prescribed by Subsection A of this section shall be held by the state treasurer in trust for the benefit and protection of persons covered by a prepaid dental plan. C. Any securities within the description of Subsection A of this section, with the approval of the superintendent may be exchanged for similar securities or cash of equal amount. Interest on securities deposited shall be payable to the prepaid dental plan organization depositing such securities. D. An unpaid final judgment arising from a membership coverage shall be a lien on the deposit described in Subsection A of this section, subject to execution after thirty days from the entry of final judgment. If the deposit is reduced, it shall be replenished within ninety days by the prepaid dental plan organization. E. Upon liquidation or dissolution of a prepaid dental plan organization and the satisfaction of all its debts and liabilities, any balance remaining of the cash or securities deposit prescribed in Subsection A of this section, together with any other assets of the prepaid dental plan organization, shall be returned by the superintendent to the prepaid dental plan organization. F. The deposit prescribed by Subsection A of this section shall not apply with respect to a prepaid dental plan organization which is funded by the federal, state or a municipal government or any political subdivision or body to the extent and for such period of time that the prepaid dental plan organization can demonstrate to the superintendent the presence of operational commitments from such sources equivalent to such deposit. History: Laws 1984, ch. 127, § 885; 1993, ch. 320, § 104. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, in Subsection A, substituted "Chapter 59A, Article 9 NMSA 1978" for "Article 9 (investments) of the Insurance Code", revised the "Number of Members" table, and made stylistic changes in Subsection D. Severability. — Laws 1993, ch. 320, § 106 provided for the severability of the act if any part or application thereof was held invalid.
NM Stat § 59A-48-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-7 - Reserve requirement; exception.

A. A prepaid dental plan organization at all times shall maintain for protection of the members a financial reserve consisting of two percent of prepaid charges collected from members for the plan, until such reserve totals five hundred thousand dollars ($500,000). Such reserve shall be in addition to the deposit prescribed by Section 885 [59A-48-6 NMSA 1978] of this article. B. The reserve prescribed by Subsection A of this section shall not apply with respect to a prepaid dental plan organization which is funded by the federal, state or a municipal government or any political subdivision or body and meets the requirement of Subsection F of Section 885 of this article. History: Laws 1984, ch. 127, § 886.
NM Stat § 59A-48-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-8 - Membership coverage.

A. Every member in a prepaid dental plan shall be issued a membership coverage form by the prepaid dental plan organization. B. Any contract applied for that provides family coverage shall, as to such coverage of individuals in the family, also provide that the benefits applicable for children shall be payable with respect to a newly-born child of the insured from the instant of such child's birth to the same extent that such coverage applies to other individuals in the family. If payment of a specific premium is required to provide coverage for a child, the contract may require that notification of birth of a newly-born child and payment of the required premium shall be furnished to the insurer within thirty-one (31) days after the date of birth in order to have the coverage continue beyond the thirty-one-day period. C. No membership coverage or amendment shall be issued or delivered to any person in this state until a copy of the form of the membership coverage or amendment has been filed with and approved by the superintendent. D. A membership coverage shall contain a clear and complete statement of a contract, or a reasonably complete summary if a certificate of contract, of: (1) the prepaid dental services or other benefits to which the member is entitled under the prepaid dental plan; (2) any limitations of the services, kinds of services or benefits to be provided, including any deductible or copayment feature; (3) where and in what manner information is available as to how services may be obtained; and (4) the member's obligation respecting charges for the prepaid dental plan. E. A membership coverage shall contain no provisions or statements which are unjust, unfair, inequitable, misleading, deceptive or which encourage misrepresentation or which are untrue. F. The superintendent shall approve any form of membership coverage if the requirements of Subsections D and E of this section are met and the prepaid dental plan is able in the judgment of the superintendent to meet its financial obligations under the membership coverage. It is unlawful to issue such form until approved. If the superintendent does not disapprove any such form within thirty (30) days after the filing, it shall be deemed approved. If the superintendent disapproves a form of membership coverage, the superintendent shall notify the prepaid dental plan organization, specifying the reasons for disapproval. The superintendent shall grant a hearing on such disapproval within fifteen (15) days after a request in writing is received from the prepaid dental plan organization. History: Laws 1984, ch. 127, § 887.
NM Stat § 59A-48-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-9 - Examination of prepaid dental plan organization.

A. The superintendent may once in each six (6) months for the first three (3) years after organization and once each year thereafter, or more often if deemed necessary by the superintendent or director of the health services division of the health and environmental [environment] department [department of health], visit each prepaid dental plan organization organized under the law of this state and examine its financial condition, its ability to meet its liabilities and its compliance with the laws of this state affecting the conduct of its business. The superintendent may annually visit and examine each prepaid dental plan organization not organized under the laws of this state but authorized to transact business in this state. B. The superintendent may in like manner examine each prepaid dental plan organization applying for an initial certificate of authority to do business in this state. C. In lieu of making an examination, the superintendent may accept a full report of the most recent examination of a foreign or alien prepaid dental plan organization, certified to by the appropriate examining official of another state. D. The director of the health services division of the health and environment department [department of health] may participate in the examinations and visits described in this section to verify the existence of an effective prepaid dental plan and to review the delivery of services by the prepaid dental plan organization. E. The examination and all related matters shall otherwise be subject to the applicable provisions of Article 4 [Chapter 59A, Article 4 NMSA 1978] (examination, hearings and appeals) of the Insurance Code. History: Laws 1984, ch. 127, § 888. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department, and enacted a new 9-7-4 NMSA 1978, creating the department of health.
NM Stat § 59A-48-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-10 - Annual report to superintendent.

A. Every prepaid dental plan organization annually on or before the first day of March shall file with the superintendent a report covering its activities for the preceding calendar year in form as prescribed by the superintendent, verified by at least two principal officers of the corporation. A copy of the report shall be sent by the prepaid dental plan organization to the department of health. B. Such reports shall be on forms prescribed by the superintendent and shall include: (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) any material changes in the information; (3) the number of persons who become members during the year, the number of members as of the end of the year and the number of memberships terminated during the year; (4) the costs of all care provided and the number of units of care provided; and (5) such other information relating to the performance of the prepaid dental plan organization as is necessary to enable the superintendent to carry out the duties prescribed by The [the] Prepaid Dental Plan Law. C. The fee for filing the annual report shall be as specified in Section 59A-6-1 NMSA 1978. History: Laws 1984, ch. 127, § 889; 2014, ch. 59, § 53. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. 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 A, in the introductory paragraph, in the second sentence, after "plan organization to the", deleted "director of the health services division of the health and environment", and after "department", added "of health"; in Subsection B, Paragraph (1), deleted "a financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding year certified as required by the form of the annual report" and added the current language; and in Subsection C, after "specified in Section", deleted "101(fee schedule) of the Insurance Code" and added "59A-6-1 NMSA 1978". 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-48-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-11 - Repealed.

ANNOTATIONSRepeals. — Laws 1991, ch. 9, § 45 repealed 59A-48-11 NMSA 1978, as enacted by Laws 1984, ch. 127, § 890, relating to taxes, effective July 1, 1993.
NM Stat § 59A-48-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-12 - Operational expenses.

No more than thirty percent of prepaid charges in the first year of operation, twenty-five percent in the second year of operation and twenty percent of prepaid charges in any subsequent year shall be used for the marketing and administrative expenses of a prepaid dental plan organization, including costs related to soliciting members and providers. History: Laws 1984, ch. 127, § 891.
NM Stat § 59A-48-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-13 - Prohibited practices.

Article 16 [Chapter 59A, Article 16 NMSA 1978] of the Insurance Code relating to unfair trade practices and frauds shall apply to prepaid dental plan organizations, except as to the extent the superintendent determines that the nature of prepaid dental plan organizations render particular provisions of such law inappropriate. History: Laws 1984, ch. 127, § 892.
NM Stat § 59A-48-14 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-14 - Agents and solicitors.

Solicitation of memberships in a prepaid dental plan shall be conducted by agents duly appointed by the dental plan organization or solicitors duly appointed by such agents, while licensed as such agents or solicitors under the same provisions and requirements of Articles 11 [Chapter 59A, Article 11 NMSA 1978] (licensing procedures) and 12 [Chapter 59A, Article 12 NMSA 1978] (insurance agents, brokers and solicitors) of the Insurance Code as apply to health insurance agents and solicitors. The fees for such licensing shall be the same as for such insurance agents and as specified in Section 101 [59A-6-1 NMSA 1978] (fee schedule) and Paragraph I of Section 185 [59A-11-6 NMSA 1978] of the Insurance Code. History: Laws 1984, ch. 127, § 893.
NM Stat § 59A-48-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-15 - Suspension or revocation of certificate of authority.

A. The superintendent may suspend or revoke any certificate of authority of a prepaid dental plan organization if he finds that any of the following conditions exist: (1) the prepaid dental plan organization is operating contrary to its basic organizational documents or in a manner contrary to that described in, and reasonably inferred from, any other information submitted pursuant to Section 883 [59A-48-4 NMSA 1978] of this article; (2) the prepaid dental plan organization issued membership coverage which does not comply with the requirements of Section 887 [59A-48-8 NMSA 1978] of this article; (3) the prepaid dental plan does not provide or arrange for basic dental services appropriate to such plan as determined by the director of the health services division of the health and environment department [department of health]; (4) the prepaid dental plan organization can no longer be expected to meet the obligations to members or prospective members; (5) the prepaid dental plan organization, or any authorized person on its behalf, has advertised or merchandized [merchandised] its services in an untrue, misleading, deceptive or unfair manner; or (6) the prepaid dental plan organization has failed to substantially comply with this article or any rules and regulations promulgated thereunder. B. When the certificate of authority of a prepaid dental plan organization is suspended the organization shall not, during the period of such suspension, accept any additional members except newborn children or other newly acquired dependents of existing members and shall not engage in any advertising or solicitation. C. When the certificate of authority of a prepaid dental plan organization is revoked, such organization shall proceed immediately following the effective date of the order of revocation, to conclude its affairs and shall conduct no further business except as may be essential to the orderly conclusion of solicitation. The superintendent by written order, may permit such further operation of the organization as the superintendent finds to be in the best interest of members to the end that members shall be afforded the greatest practical opportunity to obtain continuing prepaid dental plan coverage. D. Notwithstanding the provisions of Subsections B and C of this section, a prepaid dental plan organization which has had its certificate of authority denied, suspended or revoked, or has suffered an adverse decision by the superintendent shall be entitled to a hearing pursuant to Article 4 [Chapter 59A, Article 4 NMSA 1978] (examinations, hearings and appeals) of the Insurance Code. History: Laws 1984, ch. 127, § 894. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department, and enacted a new 9-7-4 NMSA 1978, creating the department of health.
NM Stat § 59A-48-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-16 - Approval of advertising and sales material.

A. The prepaid dental plan organization shall prior to use thereof file with the superintendent for his approval all advertising and sales material proposed to be used by it, through agents, solicitors, or otherwise, in advertising solicitation or sale of membership coverage to be offered by such organization. B. Within thirty (30) days after such filing the superintendent shall either approve or disapprove the advertising matter or sales material so filed; and if not disapproved within such period or within such extension of not to exceed an additional thirty (30) days as may be requested by the superintendent and communicated by him in writing to the prepaid dental plan organization, the advertising matter and sales material shall be deemed approved. C. The superintendent shall disapprove any such advertising matter or sales material if found by him to be in whole or part untrue, deceptive, misleading, or conducive to misrepresentation. D. The superintendent may withdraw any previous approval, or negate any prior failure to disapprove within the applicable period, as to any advertising matter or sales material found by him to be subject to disapproval on any of the grounds stated in this section. Any such withdrawal of a prior approval or negation of prior failure to disapprove, shall allow a reasonable period for withdrawal of the advertising matter or sales material involved. E. Any such disapproval, withdrawal, or negation shall be by the superintendent's order stating the grounds therefor. F. No prepaid dental plan organization and no representative thereof shall use or permit to be outstanding, any advertising matter or sales material as to which the superintendent's disapproval then exists. In addition to other applicable penalties for violation of this section, the superintendent may without additional cause withdraw approval of any membership coverage or other form as to which such advertising or sales material is used. History: Laws 1984, ch. 127, § 895.
NM Stat § 59A-48-17 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-17 - Solicitation not violation of certain laws relating to providers.

Solicitation by prepaid dental plan organizations or anyone acting on their behalf to educate members and potential members of the coverage and operation of the organization's plan shall not be construed to be a violation of any provisions of law relating to solicitation or advertising by prepaid dental plan providers, if such solicitation including advertising and sales material: A. is approved in advance by the superintendent as provided for in Section 895 [59A-48-16 NMSA 1978] of this article; B. does not identify the providers nor describe their professional qualifications, except upon the request of the person being solicited; C. does not describe the professional experience or attainments of such providers individually or as a group or contain language that directly or indirectly states, evaluates or lauds the professional competence, skills or reputations of such providers; and D. shall not otherwise cause any of such providers to violate any professional ethics or laws prohibiting the solicitation of patients, except as permitted in this article. History: Laws 1984, ch. 127, § 896.
NM Stat § 59A-48-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-18 - Conservation, rehabilitation, liquidation.

Any conservation, rehabilitation or liquidation of a prepaid dental plan organization shall be deemed to be that of an insurer and shall be conducted pursuant to Article 41 [Chapter 59A, Article 41 NMSA 1978] of the Insurance Code. History: Laws 1984, ch. 127, § 897.
NM Stat § 59A-48-19 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 48 - Prepaid Dental Plans|Section 59A-48-19 - Other provisions applicable.

In addition to those referred to in Chapter 59A, Article 48 NMSA 1978, the following articles and provisions of the Insurance Code [Chapter 59A NMSA 1978] shall also apply, to the extent reasonably applicable and subject to the provisions of that article, as to prepaid dental plan organizations, their sponsors, directors, officers, personnel and representatives and member contracts. For the purposes of this provision, such organizations may be referred to as "insurers" and such contracts as "policies": A. Chapter 59A, Article 1 NMSA 1978; B. Chapter 59A, Article 2 NMSA 1978; C. Chapter 59A, Article 4 NMSA 1978; D. Subsection C of Section 59A-5-22 NMSA 1978; E. Section 59A-5-33 NMSA 1978; F. Sections 59A-6-1, 59A-6-3, 59A-6-4 and 59A-6-6 NMSA 1978; G. Section 59A-7-11 NMSA 1978; H. Chapter 59A, Article 8 NMSA 1978; I. Chapter 59A, Article 10 NMSA 1978; J. Section 59A-12-22 NMSA 1978; K. the Insurance Fraud Act [Chapter 59A, Article 16C NMSA 1978]; L. Chapter 59A, Article 18 NMSA 1978; M. the Policy Language Simplification Law [Chapter 59A, Article 19 NMSA 1978]; N. Section 59A-34-10 NMSA 1978, as to domestic prepaid dental plans; and O. The Insurance Holding Company Law [Chapter 59A, Article 37 NMSA 1978]. History: Laws 1984, ch. 127, § 898; 2001, ch. 297, § 7; 2007, ch. 282, § 12. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, added Subsection O. The 2001 amendment, effective June 15, 2001, inserted current Subsection K; redesignated former Subsection K as L; redesignated former Subsection L as updated Subsection M; deleted former Subsection N, listing Article 53 and substituted the citation of the provision for the title throughout the section.
NM Stat § 59A-49-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 49 - Prearranged Funeral Plans|Section 59A-49-1 - Short title.

This article [Chapter 59A, Article 49 NMSA 1978] may be cited as the "Prearranged Funeral Plan Regulatory Law". History: Laws 1984, ch. 127, § 899. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 8, 1098. What are necessary funeral expenses within coverage of medical payment and funeral expense provision of insurance policy, 87 A.L.R.3d 497. Construction and effect of contracts or insurance policies providing pre-need coverage of burial expense or services, 67 A.L.R.4th 36. 44 C.J.S. Insurance §§ 10 et seq., 43.