reglab/housing_qa huggingface dataset:
NM Stat § 59A-42-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42 - Life and Health Insurance Guaranty Association|Section 59A-42-10 - Duties and powers of the superintendent.

A. The superintendent shall: (1) notify the association of the existence of an insolvent insurer not later than three days after the superintendent receives notice of the determination of the insolvency; (2) upon request of the board, provide the association with a statement of the premiums in this or another state of each member insurer; and (3) when an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the insurer to promptly comply with the demand shall not excuse the association from the performance of its powers and duties pursuant to the Life and Health Insurance Guaranty Association Act. B. The superintendent may: (1) suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of a member insurer that fails to pay an assessment when due or that fails to comply with the plan of operation. As an alternative, the superintendent may levy a fine on a member insurer that fails to pay an assessment when due. The fine shall not exceed five percent of the unpaid assessment a month, except that no fine shall be less than one hundred dollars ($l00) a month; and (2) revoke the designation of a servicing facility if the superintendent finds that claims are being handled unsatisfactorily. History: Laws 1984, ch. 127, § 759; 2012, ch. 9, § 13. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, permitted the superintendent to give notice to an impaired insurer requiring the insurer to cure the impairment; eliminated the superintendent's authority to require the association give notice of a determination of insolvency to interested parties; in Subsection A, in Paragraph (2), after "a statement of the", deleted "net direct written" and after "premiums", added "in this or another state", and added Paragraph (3); and in Subsection B, deleted former Paragraph (1), which authorized the superintendent to require the association to notify insureds of an insolvent insurer and other interested parties of the determination of insolvency and their rights by mail or newspaper publication.
NM Stat § 59A-42-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42 - Life and Health Insurance Guaranty Association|Section 59A-42-12 - Appeals.

A. A member insurer may appeal to the superintendent from an action of the board by filing with the superintendent a notice of appeal within thirty days after that action. B. A final order of the superintendent on appeal is subject to judicial review by an action in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1984, ch. 127, § 761; 1998, ch. 55, § 66; 1999, ch. 265, § 69; 2012, ch. 9, § 15. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. Compiler's notes. — For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995). The 2012 amendment, effective July 1, 2012, in Subsection A, after "board", deleted "of directors of the association" and after "thirty days after", changed "the action appealed from" to "that action", and made minor stylistic changes. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B. The 1998 amendment, effective September 1, 1998, in Subsection A, deleted "(30)" following "thirty"; rewrote Subsection B, and made minor stylistic changes throughout the section.
NM Stat § 59A-42-14 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42 - Life and Health Insurance Guaranty Association|Section 59A-42-14 - Examination of association; annual report.

The association is subject to examination and regulation by the superintendent. The board shall submit to the superintendent, not later than May 1 each year, a financial report for the preceding calendar year in form approved by the superintendent and a report of its activities during the preceding calendar year. Upon the request of a member insurer, the association shall provide the member insurer with a copy of the report. History: Laws 1984, ch. 127, § 763; 2012, ch. 9, § 17. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, permitted member insurers to request a copy of the annual report and added the last sentence.
NM Stat § 59A-42-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42 - Life and Health Insurance Guaranty Association|Section 59A-42-15 - Immunity.

There shall be no liability on the part of, and no cause of action shall arise against, a member insurer or its agents or employees, the association or its agents or employees, members of the board or the superintendent or the superintendent's representatives for an act or omission by them in the performance of their powers and duties pursuant to the Life and Health Insurance Guaranty Association Act. This immunity shall extend to the participation in an organization of one or more other state associations with similar purposes and to that organization and its agents or employees. History: Laws 1984, ch. 127, § 764; 2012, ch. 9, § 18. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, extended the immunity from liability to participation in other state organizations and to those other state organizations and their agents and employees; in the first sentence, after "the superintendent's representatives for", deleted "any action taken" and added "an act or omission", and after "their powers and duties", deleted "under this article", added the reminder of the sentence and added the last sentence.
NM Stat § 59A-42-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42 - Life and Health Insurance Guaranty Association|Section 59A-42-16 - Stay of proceedings; reopening default judgments.

A proceeding in which an insolvent insurer is a party in a court in this state shall be stayed one hundred eighty days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the association on matters germane to its powers or duties. As to a judgment under a decision, order, verdict or finding based on default, the association may apply to have the judgment set aside by the same court that made the judgment and shall be permitted to defend against the suit on the merits. History: Laws 1984, ch. 127, § 765; 2012, ch. 9, § 19. ANNOTATIONSThe 2012 amendment, effective July 1, 2012, expanded the time period of the stay and in the first sentence, after "shall be stayed", deleted "sixty (60)" and added "one hundred eighty".
NM Stat § 59A-42A-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42A - Provider Service Networks|Section 59A-42A-1 - Short title.

Sections 1 through 10 [59A-42A-1 to 59A-42A-9 NMSA 1978] of this act may be cited as the "Provider Service Network Act". History: Laws 1997, ch. 107, § 1. ANNOTATIONSCompiler's notes. — There is no Section 10 of this article; Section 10 of Laws 1997, ch. 107 enacted new 59A-5-11.1 NMSA 1978.
NM Stat § 59A-42A-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42A - Provider Service Networks|Section 59A-42A-2 - Definitions.

As used in the Provider Service Network Act: A. "association" means the provider service network guaranty association; B. "board" means the provider service network guaranty board; C. "health care facility" means an institution providing health care services, including a hospital or other licensed inpatient center, an ambulatory surgical or treatment center, a skilled nursing center, a residential treatment center, a home health agency, a diagnostic, laboratory or imaging center and a rehabilitation or other therapeutic health setting; D. "health care insurer" means a person that has a valid certificate of authority in good standing under the New Mexico Insurance Code to act as an insurer, health maintenance organization, nonprofit health care plan or prepaid dental plan; E. "health care professional" means a physician or other health care practitioner, including a pharmacist, who is licensed, certified or otherwise authorized by the state to provide health care services consistent with state law; F. "health care services" includes physical health services or community-based mental health or developmental disability services, including services for developmental delay; G. "person" means an individual or other legal entity; H. "provider" means a person that is licensed or otherwise authorized by the state to furnish health care services, including health care professionals and health care facilities; and I. "provider service network" means two or more providers affiliated for the purpose of providing health care services on a capitated or similar prepaid, flat-fee basis. History: Laws 1997, ch. 107, § 2. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-42A-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42A - Provider Service Networks|Section 59A-42A-3 - Provider service networks; insurance code applicability.

A. Except as provided otherwise in this section, a provider service network shall obtain and maintain a certificate of authority under the New Mexico Insurance Code. B. A provider service network is not required to obtain or maintain a certificate of authority in connection with health care coverage for which the risk of loss is directly and fully underwritten by a health care insurer, subject to any applicable deductible, coinsurance or copayment provisions. C. A provider service network that obtains and maintains a certificate of authority as a health care insurer may contract directly with government agencies to provide goods and services to persons receiving public assistance, including medicare and medicaid. D. A provider service network that does not obtain or maintain a certificate of authority as a health care insurer may contract in appropriate circumstances, including membership and participation in the association, directly with government agencies to provide goods and services to persons receiving public assistance, including medicare and medicaid. The contract shall incorporate and be subject to specific financial, quality-of-service and consumer-protection standards that the contracting agency shall specify by regulation. E. This section does not abrogate any other New Mexico Insurance Code requirements that may be applicable to provider service networks, including requirements relating to third-party administrators and examinations. This section does not bar or restrict the right of a provider service network to obtain and maintain a certificate of authority. History: Laws 1997, ch. 107, § 3. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 59A-42A-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42A - Provider Service Networks|Section 59A-42A-5 - Plan of operation.

A. The board shall submit to the superintendent of insurance for approval a plan of operation and any subsequent amendments necessary or suitable to assure proper and fair operation of the association. B. After notice and hearing, the superintendent of insurance shall approve or disapprove the plan of operation or any subsequent amendments. The superintendent shall approve the plan or an amendment only if he finds that it provides for administering the association on a fair, reasonable and equitable basis and for sharing the association's losses on an equitable basis. The plan of operation or amendment shall become effective upon the superintendent's written approval. C. If the board fails to submit a plan of operation satisfactory to the superintendent of insurance within ninety days after the initial board is appointed or fails in a timely manner to submit any amendment the superintendent deems necessary at any time thereafter, the superintendent shall adopt and promulgate such plan of operation or amendment by rule. Any such rule shall continue in force until the superintendent modifies it or approves a plan of operation or an amendment submitted by the board that he deems to supersede the rule. D. The plan of operation submitted to the superintendent of insurance shall: (1) establish procedures for handling and accounting of the association's money, other assets and property; (2) provide for payment of claims or provision of alternative health care services to public assistance recipients; (3) establish regular times and places for board meetings; (4) establish procedures for records to be kept of all financial transactions and for annual fiscal reporting to the superintendent; (5) establish procedures for the determination and collection of assessments from members to pay claims or to provide alternative health care services and administrative expenses incurred or estimated to be incurred during the period for which the assessment is made; (6) establish penalties for nonpayment or late payment of assessments; and (7) contain any additional provisions necessary and proper for the execution of the association's powers and duties. History: Laws 1997, ch. 107, § 5.
NM Stat § 59A-42A-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42A - Provider Service Networks|Section 59A-42A-6 - Board; powers and duties.

The board has the power and authority to: A. enter into contracts necessary or proper to carry out the provisions and purposes of the Provider Service Network Act, including contracts with independent contractors for the performance of the association's administrative functions; B. sue or be sued; C. determine and pay the association's obligations, including its obligation to pay claims or to provide alternative health care services to public assistance recipients on behalf of an insolvent or financially troubled provider service network; D. borrow money to satisfy the association's obligations; E. assess association members in accordance with the provisions of the Provider Service Network Act and make initial and interim assessments as may be reasonable and necessary for organizational or interim operating expenses. Interim expense assessments shall be credited as offsets against any regular assessments due following the close of the calendar year; F. recoup expenditures on behalf of an insolvent or financially troubled provider service network from that provider service network or any other available source, including a governmental agency, and be subrogated to that provider service network's rights to payment to the extent of such expenditures; G. employ or contract with appropriate legal, actuarial, clerical and other personnel as necessary to provide assistance in the operation of the association; H. conduct periodic audits to assure the general accuracy of the financial data submitted to the association. The board shall cause the association to undergo an annual audit on a calendar-year basis of its financial records and operations by an independent certified public accountant; I. take all other actions, whether like or unlike the foregoing, necessary or appropriate to carry out the board's or the association's duties; J. reinsure any or all of the risk of the association; and K. assess each original and new provider service network an initial administrative fee of five thousand dollars ($5,000) times the number of providers in the provider service network. If a provider service network adds new members to increase the number of providers, then that provider service network shall pay an additional administrative fee of five thousand dollars ($5,000) for each additional provider. An employee of a provider shall not be used in computing the administrative fee due under this subsection. History: Laws 1997, ch. 107, § 6.
NM Stat § 59A-42A-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42A - Provider Service Networks|Section 59A-42A-7 - Examination; annual statement.

A. The association is subject to and responsible to pay the cost of examination by the superintendent on a periodic basis, pursuant to Chapter 59A, Article 4 NMSA 1978. B. Not later than March 1 of each year, the board shall submit to the superintendent 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. History: Laws 1997, ch. 107, § 7; 2014, ch. 59, § 50. ANNOTATIONSThe 2014 amendment, effective July 1, 2014, required the provider service network guarantee board to submit annual statements and risk-based capital reports to the superintendent; and in Subsection B, after "submit to the superintendent an", deleted "audited financial report for the preceding calendar year in a form approved by the superintendent" and added the remainder of the sentence. 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-42A-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42A - Provider Service Networks|Section 59A-42A-8 - Assessments; fund created.

A. The "provider service network guarantee fund" is created in the state treasury. The fund shall be administered by the board and money in the fund is appropriated to the board to carry out the provisions of the Provider Service Network Act. Money in the fund shall be invested by the state treasurer as other state funds are invested; provided that interest on the fund shall be credited to the fund. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert. B. The secretary of human services shall report to the board within thirty days of the close of each calendar quarter the amounts paid each member for services to public assistance recipients during that calendar quarter. C. The proportion of participation of each member shall be determined annually by the board based on the secretary of human services' report, together with members' annual statements and other reports deemed necessary by the board. D. The assessment for each member shall be determined by multiplying the member's income from services to public assistance recipients pursuant to Subsection D of Section 3 [59A-42A-3 NMSA 1978] of the Provider Service Network Act for the preceding calendar quarter by a percentage set by the board not to exceed five percent. E. The board shall notify each member of the amount of the assessment within forty-five days of the close of a calendar quarter. The member shall pay the assessment within sixty days of the close of a calendar quarter. F. The board may abate or defer, in whole or in part, the assessment of a member if, in the opinion of the board, payment of the assessment would endanger the ability of the member to fulfill its contractual obligations. In the event an assessment against a member is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other members in a manner consistent with the basis for assessments set forth in Subsection A of this section. The member receiving the abatement or deferment shall remain liable to the association for the deficiency for four years. G. If assessments exceed actual expenses in any year, the excess shall be held at interest and used by the board to offset future expenses. Any deficit incurred shall be recouped by assessments apportioned among the association's members pursuant to the assessment formula provided by Subsection D of this section. H. If it appears that the maximum assessment available, together with unencumbered money and other assets, will be insufficient in any year to make all necessary payments, the association's obligations shall be paid pro rata. The unpaid portion shall be paid as soon as additional assessment proceeds or other assets become available. Notwithstanding the foregoing, the association may pay its obligations in any order it deems reasonable. History: Laws 1997, ch. 107, § 8.
NM Stat § 59A-42A-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 42A - Provider Service Networks|Section 59A-42A-9 - Notification to pay claims or provide services.

A. The association shall be liable to pay claims or to provide alternative health care services for insolvent or financially troubled members who are not fulfilling obligations to provide such services to public assistance recipients under contracts pursuant to Subsection D of Section 3 [59A-42A-3 NMSA 1978] of the Provider Service Network Act. The association's obligation shall commence on the date the secretary of human services gives the association notice that a member is failing, because of insolvency or financial difficulties, to provide some or all of such services. B. Nothing [in] the Provider Service Network Act shall be deemed to authorize or obligate the association to pay or otherwise assume any obligation of a provider service network prior to the date of notification, or any obligation thereafter other than the obligation to provide services to public assistance recipients under a contract pursuant to Subsection D of Section 3 of the Provider Service Network Act. In no event shall the association be liable to the creditors of a provider service network. History: Laws 1997, ch. 107, § 9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law.
NM Stat § 59A-43-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 43 - Property and Casualty Insurance Guaranty Fund|Section 59A-43-1 - Short title.

This article [Chapter 59A, Article 43 NMSA 1978] may be cited as the "Property and Casualty Insurance Guaranty Law". History: Laws 1984, ch. 127, § 767. ANNOTATIONSCompiler's notes. — Laws 1984, ch. 127, § 785, provided that this article shall be liberally construed to carry out its purposes. Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 103. Products liability insurance coverage as extending only to product-caused injury to person or other property, as distinguished from mere product failure, 91 A.L.R.3d 921. Running of statute of limitations on products liability claim against manufacturer as affected by plaintiff's lack of knowledge of defect allegedly causing personal injury or disease, 91 A.L.R.3d 991. Property damage insurance: what constitutes "contamination" within policy clause excluding coverage, 72 A.L.R.4th 633. Products liability of endorser, trade association, certifier, or similar party who expresses approval of product, 1 A.L.R.5th 431. Liability policy coverage for insured's injury to third party's investments, anticipated profits, goodwill, or the like, unaccompanied by physical property damage, 18 A.L.R.5th 187. 44 C.J.S. Insurance §§ 111, 126.
NM Stat § 59A-43-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 43 - Property and Casualty Insurance Guaranty Fund|Section 59A-43-2 - Purpose.

The purpose of this article is to provide a mechanism for payment of covered claims under certain insurance policies to avoid excessive delay in payment and financial loss to claimants or policyholders because of insolvency of an insurer, to assist in detection and prevention of insurer insolvencies and provide an association to assess the cost of such protection among insurers. History: Laws 1984, ch. 127, § 768. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Associations and Clubs § 2. 7 C.J.S. Associations § 1.