reglab/housing_qa huggingface dataset:
NM Stat § 59A-47-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-6 - Preliminary permit for solicitations.

A. A newly-formed health care plan shall not solicit any subscriber or enter into any proposed contract for health care expense payments unless and until it obtains from the superintendent a preliminary permit to do so. The proposed health care plan shall file with the superintendent its application in writing for the permit in form as prescribed and furnished by the superintendent and calling for information as follows: (1) name and business address of applicant; (2) area of this state proposed to be served; (3) names, residence addresses, occupations, business experience, biographical data, and such proof of identity as the superintendent may require of the incorporators, sponsors, directors, officers and proposed management personnel; (4) health care coverage proposed to be provided and premium rates therefor, as shown by two (2) copies of proposed subscribers' contracts and premium rate schedules filed with the application; (5) financial resources, present or prospective, of applicant; and (6) such other information as to applicant's qualifications as the superintendent may reasonably require. The application shall be accompanied by a copy of applicant's articles of incorporation and its bylaws, its current financial statement, and such other documentation as the form of application may require. Upon filing the application the applicant shall pay to the superintendent the filing fee specified therefor in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code. B. If after such investigation of the applicant and its sponsors and personnel, and hearings held, as he deems advisable the superintendent finds that the applicant meets the qualifications stated in Section 879.3 [59A-47-5 NMSA 1978] of this article and is otherwise in compliance with this article, he shall issue a preliminary permit in appropriate terms; otherwise he shall deny the permit by his written order stating the reasons for the denial. History: Laws 1984, ch. 127, § 879.4.
NM Stat § 59A-47-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-7 - Escrow of preliminary premiums.

With its application for a preliminary permit as provided for in Section 879.4 [59A-47-6 NMSA 1978] of this article the applicant shall file with the superintendent documentation of an escrow arrangement made by applicant and satisfactory to the superintendent adequate to insure return to applicants for subscribers' health care contracts of advance premium payments made, if within one year from date of issuance of the preliminary permit an initial certificate of authority to do business as a health care plan has not been issued to the applicant by the superintendent. History: Laws 1984, ch. 127, § 879.5.
NM Stat § 59A-47-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-8 - Certificate of authority required; application and conditions; exceptions.

A. No health care plan shall make health care expense payments unless and until it has obtained from the superintendent a certificate of authority to do business. Violation of this provision shall constitute a misdemeanor punishable upon conviction by a fine of not to exceed one thousand dollars ($1,000). B. A newly formed health care plan's application for initial certificate of authority must be filed with the superintendent prior to expiration of one year from date of issuance of the preliminary permit referred to in Section 59A-47-6 NMSA 1978. C. The application for certificate of authority shall be in the form prescribed and furnished by the superintendent consistent with Chapter 59A, Article 47 NMSA 1978, and be verified by two of the applicant's officers. The application shall include or be accompanied by such proof as the superintendent may reasonably require that the applicant is qualified for the certificate of authority under this article. At filing of the application the applicant shall pay to the superintendent the applicable filing fee as specified in Section 59A-6-1 NMSA 1978. The filing fee shall not be refundable. D. No such certificate of authority shall be required for a health care plan formerly so authorized, to enable it to investigate and settle losses under its contracts lawfully written in New Mexico, or to liquidate assets and liabilities (other than collection of new premiums) resulting from its former authorized operations in this state. A health care plan not transacting new business in this state but continuing collection of premiums on and servicing contracts remaining in force as to residents of or risks located in this state, is transacting business in New Mexico for the purpose of premium tax requirements only and is not required to have a certificate of authority. History: Laws 1984, ch. 127, § 879.6; 1999, ch. 133, § 4. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, subdivided former Subsection B into Subsections B and C; substituted "A newly formed" for "The" and "Section 59A-47-6 NMSA 1978" for "Section 879.4 of this article" in Subsection B; inserted "for certificate of authority", substituted "Chapter 59A, Article 47 NMSA 1978" for "this article", inserted "the" preceding "applicant's", and substituted "Section 59A-6-1 NMSA 1978" for "Section 101 (fee schedule) of the Insurance Code" in Subsection C, and redesignated former Subsection C as Subsection D.
NM Stat § 59A-47-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-9 - Issuance and denial of initial certificate of authority.

A. If after such investigation as he deems advisable the superintendent finds that the applicant is in sound financial condition and is otherwise qualified therefor, he shall issue to the applicant a certificate of authority as a health care plan. B. If the superintendent does not so find, he shall deny issuance of the certificate of authority and notify the applicant thereof in writing stating the reasons for such denial. History: Laws 1984, ch. 127, § 879.7; 1999, ch. 133, § 5. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, inserted "and" in the section heading; deleted "prior to expiration of one year from date of issuance of the preliminary permit referred to in Section 879.4 of this article the newly-formed health care plan has filed and completed its application to the superintendent for an initial certificate of authority as required under Section 879.6 of this article, and" following "If", and substituted "a" for "an initial" in Subsection A; and substituted "the certificate" for "an initial certificate" in Subsection B.
NM Stat § 59A-47-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-10 - Trust deposit.

A. Every health care plan shall make and thereafter maintain a deposit in trust with the state treasurer through the superintendent for the benefit and protection of all of its subscribers, as a condition to being authorized to transact business. The deposit shall consist of United States treasury bonds or other securities of the United States government or agency thereof, or in bonds or obligations of any state, county or other political subdivision in the United States, or in certificates of deposit of solvent financial institutions located in New Mexico, purchased within this state and having at all times a market value of not less than one hundred thousand dollars ($100,000). B. Any such trust deposit shall be released in the following instances only: (1) upon extinguishment of all liabilities of the health care plan for the security of which the deposit is held; (2) upon the health care plan ceasing to transact business in New Mexico, and all fixed or contingent liabilities for which the deposit was a security have been satisfied or terminated, or have been assumed by some other company authorized to transact business in New Mexico; or (3) upon proper order of a court of competent jurisdiction, the trust deposit may be released to the receiver, conservator, rehabilitator or liquidator of the health care plan for whose account the deposit is held. No such release shall be made except on application and written order of the superintendent made upon proof satisfactory to him of the existence of one or more of such grounds. Before directing the release of any securities the superintendent may require such evidence as he deems satisfactory that the health care plan is entitled to the release and return of the securities or a part thereof. The superintendent shall have no personal liability for any such release of any trust deposit or any part thereof so made in good faith. History: Laws 1984, ch. 127, § 879.8.
NM Stat § 59A-47-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-11 - Expiration, continuance of certificate of authority.

The certificate of authority of a health care plan issued under this article shall be subject to continuation or expiration upon the same applicable procedures and time periods as provided in Article 5 [Chapter 59A, Article 5 NMSA 1978] (authorization of insurers and general requirements) of the Insurance Code with respect to authorized insurers, and upon payment of the applicable fees specified in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code. History: Laws 1984, ch. 127, § 879.9.
NM Stat § 59A-47-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-12 - Suspension, revocation or refusal to continue certificate of authority.

The superintendent may suspend, revoke or refuse to continue the certificate of authority of any health care plan if the health care plan no longer fulfills the qualifications therefor as stated in this article or on any applicable ground, procedure and conditions on which he could suspend, revoke or refuse continuance of the certificate of authority of an insurer under Article 5 [Chapter 59A, Article 5 NMSA 1978] (authorization of insurers and general requirements) of the Insurance Code. History: Laws 1984, ch. 127, § 879.10.
NM Stat § 59A-47-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-13 - Service of process; superintendent as attorney.

Prior to issuance of its initial certificate of authority, the health care plan shall appoint the superintendent and his successors as its true and lawful attorney upon whom may be served all lawful process in any action or legal proceedings against it by a resident of New Mexico or where the cause of action arises in this state. In the appointment the health care plan shall agree that any such process so served shall be of the same effect and validity as if served on the health care plan direct. The appointment shall continue in force irrevocably so long as any liability of the health care plan under a subscriber's contract in this state remains outstanding. Process shall be served upon the superintendent in the same manner and subject to the same conditions as provided in Section 99 [59A-5-32 NMSA 1978] of the Insurance Code as for service of process against insurers. History: Laws 1984, ch. 127, § 879.11.
NM Stat § 59A-47-14 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-14 - Annual statement.

As prerequisite to continuance of its certificate of authority, each health care plan shall on or before March 1 each year file with the superintendent and with the national association of insurance commissioners 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 1984, ch. 127, § 879.12; 2014, ch. 59, § 52. ANNOTATIONSThe 2014 amendment, effective July 1, 2014, required insurers to annually file a statement of financial condition and transactions and a risk-based capital report; after "national association of insurance", deleted "superintendents its financial statement for the year ending December 31 immediately preceding on form as prescribed and furnished without charge by the superintendent" and added the remainder of the sentence; deleted the former second sentence, which required the form to correspond to the form adopted by the national association of insurance superintendents; and deleted the former third sentence, which required the statement to be verified by the president and secretary of the health care plan. 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-47-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-15 - Assets.

In determining the financial condition of a health care plan there shall be allowed as assets only such assets allowed as to life or health insurers under Sections 118 [59A-8-1 NMSA 1978] ("assets" defined) and 119 [59A-8-2 NMSA 1978] (assets not allowed) of the Insurance Code. History: Laws 1984, ch. 127, § 879.13.
NM Stat § 59A-47-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-16 - Reserves.

A health care plan shall establish and maintain reserves in amount clearly adequate, as determined by the superintendent, to cover all liabilities for losses incurred and unpaid. History: Laws 1984, ch. 127, § 879.14.
NM Stat § 59A-47-17 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-17 - Examination.

A health care plan, or organizaion [organization] proposing or purporting to be a health care plan, shall be subject to investigation and examination by the superintendent upon the same bases, in the same manner and subject to the same provisions as to conduct of the examination, payment of expense or costs of the examination, making, approval and filing of examination report, and all related provisions, as apply as to investigation or examination of insurers under Article 4 [Chapter 59A, Article 4 NMSA 1978] (examinations, hearings and appeals) of the Insurance Code. History: Laws 1984, ch. 127, § 879.15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not a part of the law.
NM Stat § 59A-47-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-18 - Investments.

A health care plan shall invest its funds only in such securities and assets as are eligible for investment of the funds of health insurers under Article 9 [Chapter 59A, Article 9 NMSA 1978] (investments) of the Insurance Code, and subject to the provisions of that article as to investments and assets of such insurers. History: Laws 1984, ch. 127, § 879.16.
NM Stat § 59A-47-19 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-19 - Limitation upon acquisition and administration expenses.

No health care plan shall during any one calendar year incur expense for acquisition of its business more than ten percent of its premium income earned during that year; nor incur during any such year for expense of administration more than twenty percent of such earned premiums. History: Laws 1984, ch. 127, § 879.17.
NM Stat § 59A-47-20 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-20 - Conflicts of interest as to certain transactions.

A. No director or officer of any health care plan, or employee of such plan having authority for investment or expenditure of funds, shall accept except for the health care plan or be beneficiary of any fee, brokerage, gift or other emolument in addition to his fixed salary or compensation, because of any investment, loan, deposit, purchase, sale, exchange, reinsurance or other similar transaction made by or for the health care plan, or be pecuniarily interested therein in any capacity except on behalf of the health care plan. B. No health care plan shall guarantee the financial obligation of any of its officers, directors or employees. C. This section shall not prohibit such a director, officer or employee from becoming a subscriber of the health care plan and enjoying thereunder the rights customarily provided to such subscribers, nor shall it prevent any director, officer or employee from being a purveyor or from being associated with or employed by a purveyor, who receives in ordinary course of business health care expense payments made by the health care plan for services or materials furnished to subscribers. History: Laws 1984, ch. 127, § 879.18.
NM Stat § 59A-47-21 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-21 - Joint coverage, reinsurance.

Two (2) or more health care plans may enter into and carry out cooperative agreements under which subscribers may subscribe jointly to and receive the benefits of all such plans; and any health care plan may enter into and carry out reinsurance agreements. History: Laws 1984, ch. 127, § 879.19.
NM Stat § 59A-47-22 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-22 - Transfer of subscribership.

A. A health care plan may enter into agreements with another health care plan or mutual company similarly engaged in this state or another state or country for transfer of subscribers from one such plan to the other, subject to prior approval of any such agreement by the superintendent. The superintendent shall disapprove any such agreement if he finds on basis of such investigation as he deems advisable that the agreement in reasonable probability would result in loss to the health care plan authorized to do business in this state or is otherwise unfair or inequitable. The superintendent shall approve the agreement if he finds that the transfer of subscribership is to be accompanied by transfer of funds representing reserves in amount adequate to cover all liabilities to be incurred by the assuming health care plan through such transfer, that the transfer meets the applicable requirements of Chapter 59A, Article 34 NMSA 1978 and of the Nonprofit Corporation Act [Chapter 53, Article 8 NMSA 1978] for disposition or distribution of assets and that the agreement is otherwise fair and equitable to the insurers and subscribers involved. B. The superintendent shall ensure, by imposition of conditions, if necessary, that New Mexico charitable assets are protected and preserved for the benefit of the people of New Mexico. History: Laws 1984, ch. 127, § 879.20; 1999, ch. 133, § 6. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, in Subsection A, substituted "another health care plan or mutual company" for "a similar corporation" and inserted "this state or" preceding "another state" in the first sentence, and inserted "that the transfer meets the applicable requirements of Chapter 59A, Article 34 NMSA 1978 and of the Nonprofit Corporation Act for disposition or distribution of assets" and substituted "insurers" for "health care plans" in the last sentence, and added Subsection B.
NM Stat § 59A-47-23 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-23 - Subscriber contracts; coverage period.

Every health care expense payments contract made by a health care plan under this article shall provide coverage for the subscribers thereunder for a period of not less than one month; and no such contract shall be made which provides for an effective date which is more than six (6) months prior to or after the date when the contract was actually issued by the health care plan. History: Laws 1984, ch. 127, § 879.21.
NM Stat § 59A-47-25 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-25 - Subscriber contracts; filing, approval.

No health care plan shall make or issue any health care expense payments contract or certificate therefor unless it has first filed with the superintendent a copy of the form of the proposed contract or certificate and a copy of all applications, riders and endorsements to be used in connection with or for renewal thereof, and the same have been approved by the superintendent. If the superintendent finds that the proposed forms are in compliance with applicable requirements of this article and are not to be disapproved by him as stated below, he shall approve the forms. The superintendent may disapprove any such form on any of the grounds for disapproval of a health insurance policy under Section 344 [59A-18-14 NMSA 1978] of the Insurance Code. The superintendent shall notify the health care plan of his approval or disapproval within thirty (30) days after such filing, or within sixty (60) days after such filing if he so extends the time; and if the superintendent fails to act within such period the form shall be deemed approved. History: Laws 1984, ch. 127, § 879.23.
NM Stat § 59A-47-26 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-26 - Premium rates; filing and approval.

A. No health care plan shall enter into any contract with a subscriber unless it has first filed with the superintendent a full schedule of premium rates to be paid by the subscribers. The superintendent shall notify the health care plan of his approval or disapproval of such rates within fifteen (15) days after the filing thereof, or within thirty (30) days after such filing if he shall so extend the time, and if the superintendent fails to act within such period, the rates shall be deemed approved. B. At the time the health care plan files such rates with the superintendent, it shall also file a full schedule of all health care expense payments to be made under the contracts. C. The superintendent may disapprove any such rate found by him to be excessive, inadequate or unfairly discriminatory, considering the health care expense payments to be made. History: Laws 1984, ch. 127, § 879.24.
NM Stat § 59A-47-27 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-27 - Coverage for newly born children, maternity transport, home health care.

Subscriber contracts of a health care plan shall also be subject to coverage as required of health insurers under Sections 59A-22-34 through 59A-22-36 NMSA 1978. History: Laws 1984, ch. 127, § 879.25; 1987, ch. 259, § 31. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Unborn child as insured or injured person within meaning of insurance policy, 15 A.L.R.4th 548.
NM Stat § 59A-47-27.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 47 - Nonprofit Health Care Plans|Section 59A-47-27.1 - Coverage of circumcision for newborn males.

An individual or group health insurance policy, health care plan or certificate of health insurance that is delivered, issued for delivery or renewed in the state shall provide coverage for circumcision for newborn males. History: Laws 2004, ch. 122, § 10. ANNOTATIONSEffective dates. — Laws 2004, ch. 122, § 13 made Laws 2004, ch. 122, § 10 effective July 1, 2004.