reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-22 - Judicial review of order.

A person aggrieved by a decision of the state fire marshal may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1984, ch. 127, § 968; 1998, ch. 55, § 69; 1999, ch. 265, § 72.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
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 1999 amendment,
effective July 1, 1999, substituted "fire marshal" for "fire board" and "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-23 - Enforcement of cease and desist orders.

After expiration of time for an administrative appeal, and if no such appeal has been taken, the state fire marshal may commence an action in the district court for Santa Fe county to enforce the cease and desist order by injunction or other appropriate remedy as the district court may adjudge. The fire services council may likewise commence an action in the district court for Santa Fe county to enforce its decision rendered on appeal from the cease and desist order of the state fire marshal.
History:
Laws 1984, ch. 127, § 969; 1998, ch. 108, § 42; 2020, ch. 9, § 49.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, substituted "commission" with "fire services council".
The 1998 amendment,
effective January 1, 1999, inserted "state fire" in the first sentence and substituted "commission" for "state fire board" in the second sentence.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-24 - Penalty for violation of law or rules.

Violation of any of the provisions of Chapter 59A, Article 52 NMSA 1978 or of any of the rules lawfully enacted pursuant to that article shall constitute a misdemeanor for which the punishment shall be a fine of not more than five hundred dollars ($500). Each day any such violation continues shall constitute a separate offense.
History:
Laws 1984, ch. 127, § 970; 2020, ch. 9, § 50.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, in the section heading, deleted "regulations" and added "rules", after "provisions of", deleted "this article" and added "Chapter 59A, Article 52 NMSA 1978", and after "any of the", deleted "regulations" and added "rules".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-25 - Penalty for violation of cease and desist order.

Any person, firm or corporation that violates any final cease and desist order shall be subject to a penalty in the sum of five hundred dollars ($500) for each day such violation continues. The attorney general is empowered to bring a civil suit for the enforcement of this section on the relation of the state fire marshal.
History:
Laws 1984, ch. 127, § 971; 2020, ch. 9, § 51.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2021, removed a provision directing penalties collected to be credited to the fire protection fund, and made certain technical amendments; after "relation of the", added "state fire", and after "marshal", deleted "Any penalty collected under the provisions of this section shall be credited to the fire protection fund.".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-26 - Volunteer firefighters; stipend.

To the extent consistent with the federal Fair Labor Standards Act of 1938 in order to maintain volunteer status, a volunteer firefighter may be paid a stipend by a public agency to perform the services for which the firefighter volunteered if:
A. the stipend represents only actual expenses, reasonable benefits or a nominal fee; and
B. the services are not the same type of services that the volunteer is employed to perform for the same public agency paying the stipend.
History:
Laws 2013, ch. 80, § 1.
ANNOTATIONS
Cross references.
— For the federal Fair Labor Standards Act of 1938,
see
29 U.S.C. § 201 et seq.
Effective dates.
— Laws 2013, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-27 - Fire services council created; membership.

A. The "fire services council" is created to advise the state fire marshal's office on fire and emergency services policy. The council consists of ten members as follows:
(1) the presiding officer or designee of each of the:
(a) New Mexico fire chiefs association;
(b) fire and emergency managers affiliate of New Mexico counties;
(c) New Mexico state firefighters association;
(d) New Mexico emergency medical technician association;
(e) New Mexico fire marshals association;
(f) metro fire chiefs association; and
(g) New Mexico professional fire fighters association;
(2) one person appointed by the governor;
(3) one person appointed by the president pro tempore of the senate; and
(4) one person appointed by the speaker of the house of representatives.
B. The fire services council shall select from among its members a chair and vice chair, who shall serve one-year terms. No member shall serve as chair or vice chair for more than two consecutive years.
C. The fire services council shall meet as frequently as necessary to conduct business or hold hearings but no less than four times per year. A majority of members of the council constitutes a quorum.
D. Council members shall be reimbursed for their per diem and mileage expenses in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Council members shall otherwise serve without compensation.
E. The fire services council is subject to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] and the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. Individual members of the fire services council are subject to the Governmental Conduct Act [Chapter 10, Article 16 NMSA 1978] and the Financial Disclosure Act [10-16A-1 to 10-16A-8 NMSA 1978].
F. An employee of the state fire marshal's office who serves as staff for the fire services council shall not reveal to any person, except another council staff person, any requests or statements disclosed in confidence by a council member, except that this restriction shall not apply to any disclosure that is:
(1) protected pursuant to the Whistleblower Protection Act [10-16C-1 to 10-16C-4 NMSA 1978]; or
(2) required by law.
History:
Laws 2020, ch. 9, § 53.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 9, § 62 made Laws 2020, ch. 9, § 53 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 52 - State Fire Marshal › Section 59A-52-27.1 - Fire services council; duties.

The fire services council shall:
A. review and comment on proposed changes in fire codes and the proposed budget of the state fire marshal's office;
B. consider complaints regarding the performance of the state fire marshal's office and make recommendations to the state fire marshal;
C. provide to the secretary of homeland security and emergency management a recommendation on the appointment of the state fire marshal; and
D. hear administrative appeals of state fire marshal or deputy state fire marshal orders and modifications.
History:
Laws 2020, ch. 9, § 54.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 9, § 62 made Laws 2020, ch. 9, § 54 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-2 - Purpose.

It is the purpose of the Fire Protection Fund Law to provide for distribution of funds from the fire protection fund referred to in Section 59A-6-5 NMSA 1978 to municipalities and to county fire districts, in proportion to their respective needs, for use in operation, maintenance and betterment of local fire departments, to the end that the hazard of loss by fire and fire insurance rates may be reduced and the public safety thereby promoted.
History:
Laws 1984, ch. 127, § 973; 1989, ch. 312, § 2; 2012, ch. 20, § 1.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, incorporated the defined term "municipality" and after "Section 59A-6-5 NMSA 1978 to", deleted "incorporated cities, towns and villages" and added "municipalities".
Legislature intended to specifically delineate areas
within which the distributed moneys of the fire protection fund could be used. 1964 Op. Att'y Gen. No. 64-30.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-2.1 - Definitions.

As used in the Fire Protection Fund Law:
A. "marshal" means the state fire marshal as further identified in Chapter 59A, Article 52 NMSA 1978; and
B. "municipality" means an incorporated city, town or village.
History:
Laws 2012, ch. 20, § 2.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 20 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2012, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-5.3 - Fire station and fire protection services across jurisdictional lines.

A. Nothing in the Fire Protection Fund Law shall be construed to prohibit fire protection fund eligibility to a municipal or county fire station or substation that otherwise meets the requirements of the marshal and the requirements of the Fire Protection Fund Law but is not located within the municipality or county.
B. Nothing in the Fire Protection Fund Law shall be construed to prohibit mutual aid agreements between municipalities or counties to provide fire protection services across jurisdictional lines.
History:
Laws 2012, ch. 20, § 6.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 20 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2012, 90 days after the adjournment of the legislature.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-6 - Appeal and review of determination.

The marshal shall promptly notify each municipality and county fire district affected of the marshal's determination of needs, and a municipality or county fire district may appeal from the determination of the marshal to the commission, within ten days after the determination of needs. The commission shall review the determination of the marshal in such informal and summary proceedings as it deems proper and shall certify to the state treasurer annually, on or before the last day of June, the results of all appeals from the determinations of the marshal. The certification by the commission, or by the marshal if no appeal is taken, shall be final and binding on all concerned and not subject to any further review.
History:
Laws 1984, ch. 127, § 977; 1989, ch. 312, § 6; 1998, ch. 108, § 43; 2012, ch. 20, § 7.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, incorporated the defined terms "municipality" and "marshal"; substituted "municipality" for "incorporated cities, towns and villages" and "marshal" for the personal pronoun "his" throughout the section.
The 1998 amendment,
effective January 1, 1999, substituted "an incorporated" for "any" in the first sentence, substituted "commission" for "state fire board" in two places, and, in the second sentence, substituted "commission" for "state insurance board" and "it deems" for "it may deem".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-9 - Limitations on expenditures.

No amount so distributed from the fire protection fund to a municipality or to any county fire district shall be expended in connection with the construction, purchase or equipment of any fire station or substation in addition to those existing upon the date of distribution by the state treasurer, during the year following such distribution, without the prior written approval of the marshal.
History:
Laws 1984, ch. 127, § 980; 1989, ch. 312, § 9; 2012, ch. 20, § 10.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, incorporated the defined term "municipality"; after "fire protection fund to", deleted "any incorporated city, town or village" and added "a municipality".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-10 - Interest in land for fire stations or substations.

Money distributed from the fire protection fund to a municipality or to a county fire district may be expended or obligated for the construction of buildings for fire stations or substations only if:
A. the municipality or county fire district proposing to expend or obligate for that purpose holds fee simple title, not encumbered by any lien, to the land on which it proposes to construct the building; or
B. the land is donated in whole or in part to the municipality or county fire district for the purpose, and use of fire protection fund money for the construction or location, where the donor has reserved right of reversion of the land under stated conditions, if the use of money is approved by the marshal in advance and after full investigation and determination that the use would be appropriate and reasonable.
History:
Laws 1984, ch. 127, § 981; 1989, ch. 312, § 10; 2012, ch. 20, § 11; 2019, ch. 55, § 2.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, removed a provision prohibiting fire protection funds from being awarded to entities having outstanding obligations associated with prior fire protection fund awards; in the section heading, deleted "Purchase of" and added "Interest in", and deleted "or buildings" and added "for fire stations or substations"; in the introductory paragraph, deleted "shall be expended or obligated for the purchase of land or the construction of buildings for fire stations or substations unless all obligations previously incurred for those purposes and to be paid from money distributed from the fire protection fund by the municipality or county fire district have been fully paid and satisfied; and no amount shall" and added "may", and after "substations", deleted "unless" and added "only if"; in Subsection A, after "for that purpose", deleted "money distributed from the fire protection fund", after "the building", deleted "provided, however, that this provision shall not prohibit construction or location of a fire station or substation on", and added "or"; and added subsection designation "B."
The 2012 amendment,
effective May 16, 2012, incorporated the defined term "municipality" and corrected an error regarding the payment of obligations by county fire districts; substituted the defined term "municipality" for "incorporated cities, towns and villages" throughout the section; and after "fire protection fund by the municipality or", added "county fire".
Fee simple title.
— Recipient of fire protection fund moneys must have fee simple title, unencumbered, before the moneys can be used to construct buildings. 1964 Op. Att'y Gen. No. 64-30.
County to hold title to land for fire stations.
— It is the county, and not the independent fire district, which must hold clear title to the land on which fire stations are to be constructed. 1980 Op. Att'y Gen. No. 80-35.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-11 - Vouchers.

A. Amounts so distributed from the fire protection fund to a municipality or to any county fire district shall be expended under the direction of the chief of the fire department of the municipality or county fire district, upon duly executed vouchers approved as required by law.
B. In no event is any amount to be expended for any purpose that does not relate directly to the permitted purposes specifically stated in Sections 59A-53-8 and 59A-53-9 NMSA 1978.
History:
Laws 1984, ch. 127, § 982; 1989, ch. 312, § 11; 2012, ch. 20, § 12.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, incorporated the defined term "municipality" and corrected an error regarding the expenditure of funds by county fire districts; in Subsection A, after "fire protection fund to" changed "incorporated city, town or village" to "municipality"; after "fire department of the", changed "city, town, village" to "a municipality"; and after "chief of the fire department of the municipality or", added "county fire".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-12 - Promulgation of rules.

The marshal has authority to promulgate, modify, amend and revoke from time to time rules, including those for mutual aid among and between fire departments; provided that no such rules shall allow any fire department to extend its service in any manner that would jeopardize the fire insurance rates within its municipality or county fire district, as the marshal may determine, in the marshal's discretion, to be necessary, advisable or proper to accomplish the objectives of the Fire Protection Fund Law. Among other things, these rules shall include, but not be limited to, a list of firefighting equipment, apparatus and other items that may properly be purchased by a municipality or by any county fire district from funds distributed from the fire protection fund, and standards of quality, construction and performance to be met by major firefighting appliances, training requirements, firefighting protective clothing and equipment standards, and by fire stations and substations, proposed to be purchased or constructed by a municipality or district from money distributed from the fire protection fund. All rules shall be filed and published as required by law. Rules of this nature heretofore promulgated by the superintendent and now in effect shall continue in effect until hereafter revoked or modified. Nothing in this section shall be construed to grant regulatory authority over the Volunteer Firefighters Retirement Act to the marshal.
History:
Laws 1984, ch. 127, § 983; 1989, ch. 312, § 12; 2012, ch. 20, § 13.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, incorporated the defined terms "municipality" and "marshal"; substituted "municipality" for "incorporated cities, towns and villages" and "marshal" for the personal pronouns "he" and "his" throughout the section; after "rules", deleted "and regulations" throughout the section; and in the third sentence, at the beginning of the sentence, substituted "Rules" for "Regulations".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-13 - Liability for unauthorized expenditure.

Any person who shall expend, or direct or permit the expenditure of, any money distributed from the fire protection fund for purposes not expressly authorized by Chapter 59A, Article 53 NMSA 1978 or by rules duly promulgated by the marshal pursuant to that article shall be personally liable to the state of New Mexico for the full amount of the money wrongfully expended, together with interest thereon and costs. An action to recover the amount of any wrongful expenditure may be commenced by the attorney general or the district attorney in the county in which the wrongful expenditure was made, upon the filing with the officer of a verified statement describing the wrongful expenditure.
History:
Laws 1984, ch. 127, § 984; 1989, ch. 312, § 13; 2012, ch. 20, § 14.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, deleted the reference to regulations and in the first sentence, after "or by rules", deleted "and regulations".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-14 - Closure of fire department.

A. If any fire department operated by a municipality or county fire district should go out of existence or for any reason cease to operate and function for a period of ninety days, title to all firefighting equipment and apparatus paid for in whole with distributions from the fire protection fund and held by or for the benefit of the fire department shall vest in the marshal and all money distributed from the fire protection fund and held by or for the fire department shall revert to the fire protection fund. Any person having custody or control of any such firefighting equipment and apparatus shall forthwith deliver it as directed by the marshal, and any person having custody or control of the money shall forthwith remit it to the state treasurer, who shall again deposit the money in the state treasury to the credit of the fire protection fund. An action to recover the possession and control of such firefighting equipment and apparatus, or the money, may be commenced by the attorney general or the district attorney in the county in which the equipment and apparatus or money are situate upon the filing with the officer of a verified statement of the circumstances.
B. Notwithstanding the provisions of Subsection A of this section, money distributed from the fire protection fund needed to pay debt service on bonds or other obligations issued by or on behalf of a fire department or fire district may be used to pay such debt service, and the marshal and the state treasurer shall continue to make distributions from the fire protection fund for and on behalf of the fire department or fire district until the bonds or other obligations are paid in full.
History:
Laws 1984, ch. 127, § 985; 1989, ch. 312, § 14; 1995, ch. 141, § 25; 2006, ch. 103, § 4; 2012, ch. 20, § 15.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, incorporated the defined term "municipality"; in the first sentence, after "fire department operated by", deleted "any incorporated city, town or village" and added "a municipality"; and after "a municipality or", deleted "by any".
The 2006 amendment,
effective May 17, 2006, provided in Subsection A that title to equipment and apparatus paid for in whole with distributions from the fire protection fund shall vest in the marshal if the district ceases to operate.
The 1995 amendment,
effective April 5, 1995, designated the existing provisions as Subsection A and added Subsection B.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-15 - Repealed.

History:
Laws 1984, ch. 127, § 986; 1989, ch. 312, § 15; 2007, ch. 152, § 2.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 152, § 2 repealed 59A-53-15 NMSA 1978, as enacted by Laws 1984, ch. 127, § 986, relating to appropriation of fire protection funds from the state treasury, effective June 15, 2007. For provisions of former section,
see
2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-16 - New fire departments.

Whenever the marshal, after the last day of May in any year, determines that a municipality or county fire district, operating a new fire department, has met the requirements of Chapter 59A, Article 53 NMSA 1978 for the first time, the marshal may certify to the state treasurer the name of the municipality or county fire district and the amount required, on the same basis as provided in that article, but not to exceed an amount commensurate with the period of time for which such pro rata distribution is made; and distribution of the amount certified shall be made as otherwise provided in that article.
History:
Laws 1984, ch. 127, § 987; 1989, ch. 312, § 16; 2012, ch. 20, § 16.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, incorporated the defined terms "municipality" and "marshal"; substituted "municipality" for "incorporated city, town or village" and "city, town or village"; and substituted "the marshal" for the personal pronoun "he".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-17 - Mutual assistance.

Notwithstanding the provisions of Sections 59A-53-5 and 59A-53-12 NMSA 1978, or any other provision of law to the contrary, fire districts may render assistance to other fire districts, and equipment of fire districts may be used outside the district, if the use is authorized by the county fire marshal, and the county fire marshal before he authorizes the use, provides for standby equipment or move-up equipment, so that the assisting district which goes to the aid of another district has equipment available from an adjacent district for use in the assisting district in the event of a fire in the assisting district.
History:
Laws 1984, ch. 127, § 988; 2006, ch. 103, § 6.
ANNOTATIONS
The 2006 amendment,
effective May 17, 2006, changed "Sections 976 and 983 of this article" to "Sections 59A-53-5 and 59A-53-12 NMSA 1978", and changed "independent fire districts" to "fire districts".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 53 - Fire Protection Fund › Section 59A-53-18 - Fire protection grant fund; created; uses.

The "fire protection grant fund" is created in the state treasury. The fund shall consist of transfers, distributions, appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the fire protection grant council for the purposes of making distributions approved by the council for the critical needs of municipal fire departments and county fire districts. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the marshal.
History:
Laws 2006, ch. 103, § 7; 2012, ch. 20, § 17; 2017, ch. 1, § 7; 2021, ch. 125, § 2.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, provided that income from the fire protection grant fund shall be credited to the fire protection grant fund, and provided that money in the fire protection grant fund shall not revert at the end of a fiscal year; and after "bequests made to the fund", added "Income from the fund shall be credited to the fund, and", after "money in the fund shall", added "not", after "revert", added "or be transferred", and after "to", deleted "the general" and added "any other".
The 2017 amendment,
effective June 16, 2017, required that balances in the fire protection grant fund revert to the general fund at the end of each fiscal year; and in the third sentence, deleted "Income from the fund shall be credited to the fund, and", after "Money in the fund shall", deleted "not", and after "revert", deleted "or be transferred to any other" and added "to the general".
The 2012 amendment,
effective May 16, 2012, corrected the reference to municipal fire departments, and in the third sentence, after "critical needs of municipal", added "fire departments".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-1 - Short title.

Chapter 59A, Article 54 NMSA 1978 may be cited as the "Medical Insurance Pool Act". Any reference in any law, rule, division bulletin or other legal document to the Comprehensive Health Insurance Pool Act shall be deemed to refer to the Medical Insurance Pool Act.
History:
1978 Comp., § 59A-54-1, enacted by Laws 1987, ch. 154, § 1; 2001, ch. 352, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "Chapter 59A, Article 54 NMSA 1978" for "This article", substituted "Medical Insurance Pool Act" for "Comprehensive Health Insurance Pool Act", and added the second the second sentence.
Law reviews.
— For annual survey of New Mexico insurance law, see 19 N.M.L. Rev. 717 (1990).
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-2 - Purpose.

The purpose of the Medical Insurance Pool Act is to provide access to health insurance coverage to all residents of New Mexico who are denied adequate health insurance and are considered uninsurable.
History:
1978 Comp., § 59A-54-2, enacted by Laws 1987, ch. 154, § 2; 2001, ch. 352, § 2.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "Medical Insurance Pool Act" for "Comprehensive Health Insurance Pool Act".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-5 - Plan of operation.

The plan of operation submitted by the board to the superintendent shall:
A. establish procedures for the handling and accounting of assets and money of the pool;
B. establish regular times and places for meetings of the board;
C. establish procedures for records to be kept of all financial transactions and for annual fiscal reporting to the superintendent;
D. contain additional provisions necessary and proper for the execution of the powers and duties of the pool;
E. establish procedures for the collection of assessments from all members of the pool to provide for claims paid under the plan and for administrative expenses incurred or estimated to be incurred during the period for which the assessment is made;
F. establish the amount of assessment pursuant to Section 59A-54-10 NMSA 1978 that shall be imposed annually at the end of each calendar year and that shall be due and payable within thirty days of the receipt of the assessment notice;
G. establish procedures for the selection of an administrator in accordance with Section 59A-54-11 NMSA 1978;
H. develop and implement a program to publicize the existence of the plan, the eligibility requirements and procedures for enrollment in the plan and to maintain public awareness of the plan; and
I. establish penalties for noncollection of assessments from pool members.
History:
1978 Comp., § 59A-54-5, enacted by Laws 1987, ch. 154, § 5; 1991, ch. 200, § 3.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, substituted "established procedures for the selection of" for "select" at the beginning of Subsection G and made minor stylistic changes in Subsection F.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-6 - Notice of pool.

A. Every insurer shall provide a notice and an application for coverage by the pool to any person who receives:
(1) a rejection of coverage for health insurance or health care services;
(2) a notice that the rate for health insurance or coverage for health care services provided will exceed the rates of a pool policy;
(3) a notice of reduction or limitation of coverage, including a restrictive rider, from an insurer if the effect of the reduction or limitation is to substantially reduce coverage compared to the coverage available to a person considered a standard risk for the type of coverage provided by the plan; or
(4) a termination of coverage for health insurance or health care services by either the carrier or the covered individual.
B. The notice required by Subsection A of this section shall state that the person is eligible to apply for health insurance provided by the pool. Application for the health insurance shall be on forms prescribed by the board and made available to all insurers.
History:
1978 Comp., § 59A-54-6, enacted by Laws 1987, ch. 154, § 6; 1991, ch. 200, § 4; 2021, ch. 108, § 31.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, included "termination of coverage" as a reason an insurer must provide their previously covered member with notice of, and an application for, coverage by the medical insurance pool; and in Subsection A, deleted "Commencing September 1, 1987, and added Paragraph A(4).
The 1991 amendment,
effective June 14, 1991, deleted former Subsection C, which read "A copy of the notice required by Subsection A of this section shall be sent to the board".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-7.1 - Prescription drug program; cost-sharing.

A. The board may establish a prescription drug program, in whole or in part, including a pilot or phase-in program, to offer selected eligible persons the ability to purchase prescription drugs. The board may establish varying levels of eligibility and cost-sharing criteria as needed for selected eligible persons and, if established, shall ensure that cost-containment mechanisms are included in the program.
B. The board may establish the cost-sharing amounts payable by a person enrolled in the prescription drug program, including the premium, deductible, coinsurance, co-payment and other out-of-pocket expenses.
C. If the board establishes a prescription drug program, the board shall establish the assessments pursuant to Section 59A-54-10 NMSA 1978.
D. If the board establishes a prescription drug program, the assessment for a pool member shall be determined in the same manner as provided in this section provided that a pool member shall be allowed a fifty percent credit for the prescription drug program assessment on the premium tax return for that member.
E. The board may issue a pool prescription drug program benefit policy for a person who is over the age of sixty-five and unable to purchase or is ineligible for a similar prescription drug program. The board may issue a pool prescription drug program benefit policy for a person who is eligible for a state-funded or state-operated low-income pharmacy benefit program.
F. If the board establishes a prescription drug program, the board shall cooperate with other state and federal prescription drug initiatives.
History:
Laws 2003, ch. 396, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 396 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-7.2 - Expansion of programs pursuant to federal law.

The board may:
A. establish a health plan to offer selected eligible individuals the ability to purchase or enroll in a program pursuant to federal law that provides expanded coverage for state high-risk pools;
B. establish eligibility and coverage criteria as needed for selected eligible individuals;
C. establish the cost-sharing amounts payable by a selected eligible individual enrolled in the health plan, including the premium, deductible, coinsurance, co-payment or other out-of-pocket expenses; and
D. participate with and receive funding from any federal agency designated to administer expanded coverage programs for state high-risk pools.
History:
Laws 2010, ch. 92, § 1.
ANNOTATIONS
Emergency clause.
— Laws 2010, ch. 92, § 2 contained an emergency clause and was approved March 8, 2010.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-8 - Examination.

The pool shall be subject to and responsible for examination by the superintendent. Not later than June 1 of each year, the board shall submit to the superintendent an audited financial report for the preceding calendar year in a form approved by the superintendent.
History:
1978 Comp., § 59A-54-8, enacted by Laws 1987, ch. 154, § 8; 2021, ch. 108, § 32.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, changed the date, from March 1 to June 1 of each year, by when the medical insurance pool must submit to the office of superintendent of insurance an audited financial report; and after "Not later than", changed "March 1" to "June 1".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-9 - Policy forms.

All policy forms issued by the pool shall conform in substance to prototype forms developed by the pool and shall be filed with and approved by the superintendent before they are issued.
History:
1978 Comp., § 59A-54-9, enacted by Laws 1987, ch. 154, § 9; 1991, ch. 200, § 6.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, deleted the former second sentence, which read "The pool shall not issue a pool policy to any individual who, on the effective date of the coverage applied for, has coverage substantially equivalent to a pool policy as an insured or covered dependent or who would be eligible for that coverage if he elected to obtain it".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-13 - Benefits.

A. The health insurance policy issued by the pool shall pay for medically necessary eligible health care services rendered or furnished for the diagnoses or treatment of illness or injury that exceed the deductible and coinsurance amounts applicable under Section 59A-54-14 NMSA 1978 and are not otherwise limited or excluded. Eligible expenses are the charges for the health care services and items for which benefits are extended under the pool policy. The coverage to be issued by the pool and its schedule of benefits, exclusions and other limitations shall be established by the board and shall, at a minimum, reflect the levels of health insurance coverage generally available in New Mexico for small group policies; provided that a health insurance policy issued by the pool shall not include a lifetime maximum benefit. The superintendent shall approve the benefit package developed by the board to ensure its compliance with the Medical Insurance Pool Act. The benefit package shall include therapy services and hearing aids.
B. The Medical Insurance Pool Act shall not be construed to prohibit the pool from issuing additional types of health insurance policies with different types of benefits that, in the opinion of the board, may be of benefit to the citizens of New Mexico.
C. The board may design and employ cost containment measures and requirements, including preadmission certification and concurrent inpatient review, for the purpose of making the pool more cost effective.
History:
1978 Comp., § 59A-54-13, enacted by Laws 1987, ch. 154, § 13; 1991, ch. 200, § 10; 2001, ch. 352, § 8; 2008, ch. 88, § 3.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, in Subsection A, provided that a health insurance policy issued by the pool shall not include a lifetime maximum benefit.
The 2001 amendment,
effective June 15, 2001, substituted "Medical Insurance Pool Act" for "Comprehensive Health Insurance Pool Act" in Subsections A and B; and inserted "and" preceding "its schedule of benefits" in Subsection A.
The 1991 amendment,
effective June 14, 1991, in Subsection A, substituted "59A-54-14 NMSA 1978" for "14 of the Comprehensive Health Insurance Pool Act" in the first sentence, substituted "generally available in New Mexico for small group policies" for "of the top five insurers in the state" at the end of the third sentence and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-14 - Deductibles; coinsurance; maximum out-of-pocket payments.

A. Subject to the limitation provided in Subsection C of this section, a pool policy offered in accordance with the Medical Insurance Pool Act shall impose a deductible on a per-person calendar-year basis. Deductible plans of five hundred dollars ($500) and one thousand dollars ($1,000) shall initially be offered. The board may authorize deductibles in other amounts. The deductible shall be applied to the first five hundred dollars ($500) or one thousand dollars ($1,000) of eligible expenses incurred by the covered person.
B. Subject to the limitations provided in Subsection C of this section, a mandatory coinsurance requirement shall be imposed at the rate determined by the board.
C. The maximum aggregate out-of-pocket payments for eligible expenses by the insured shall be determined by the board.
History:
1978 Comp., § 59A-54-14, enacted by Laws 1987, ch. 154, § 14; 1991, ch. 200, § 11; 2001, ch. 352, § 9; 2021, ch. 108, § 34.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, provided the medical insurance pool board the discretion to determine the appropriate coinsurance requirements for pool policies; and in Subsection B, after "shall be imposed at the rate", deleted "of twenty percent of eligible expenses in excess of the mandatory deductible" and added "determined by the board".
The 2001 amendment,
effective June 15, 2001, substituted "Medical Insurance Pool Act" for "Comprehensive Health Insurance Pool Act" in Subsection A.
The 1991 amendment,
effective June 14, 1991, in Subsection C, substituted "shall be determined by the board" for specific limitations on maximum out-of-pocket payments; and made a minor stylistic change in Subsection A.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-15 - Dependent family member required coverage; employer responsibilities.

A. An employer is authorized to make a payroll deduction from the compensation of an employee for the portion of the pool policy premium the employee is responsible for, and an employer shall contribute the same dollar amount of the cost of that policy on behalf of the employee that the employer contributes for other similar employees for health insurance.
B. An employer shall offer and make available to dependent family members of an employee covered by the pool the same group plan offered to other employees of the group. The employer shall charge a dependent family member a premium equal to that amount charged to other employees and shall contribute the difference between the amount the employer would pay for the employee under its group family coverage and the amount the employer has paid to the pool on behalf of the employee pursuant to Subsection A of this section. In no event shall an employer be required to pay more for a family with the employee being a high risk than for a standard family in the employer's group plan.
History:
1978 Comp., § 59A-54-15, enacted by Laws 1987, ch. 154, § 15.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-16 - Pool policy.

A. A pool policy offered under the Medical Insurance Pool Act shall contain provisions under which the pool is obligated to renew the contract until the day on which the individual in whose name the contract is issued first becomes eligible for medicare coverage, except that in a family policy covering both husband and wife, the age of the younger spouse shall be used as the basis for meeting the durational requirement of this subsection.
B. The pool shall not change the rates for pool policies except on a class basis with a clear disclosure in the policy of the right of the pool to do so.
C. In the case of a small group policy, a pool policy offered under the Medical Insurance Pool Act shall provide covered family members the right to continue the policy as the named insured or through a conversion policy upon the death of the named insured or upon the divorce, annulment or dissolution of marriage or legal separation of the spouse from the named insured by election to do so within a period of time specified in the contract subject to the requirements of this section.
History:
1978 Comp., § 59A-54-16, enacted by Laws 1987, ch. 154, § 16; 2001, ch. 352, § 10; 2008, ch. 88, § 4.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, limited Subsection C to small group policies.
The 2001 amendment,
effective June 15, 2001, substituted "Medical Insurance Pool Act" for "Comprehensive Health Insurance Pool Act" in Subsections A and C.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-17 - Rules.

The superintendent shall:
A. adopt rules that provide for disclosure by members of the pool of the availability of insurance coverage from the pool;
B. adopt rules that implement the provisions of the Medical Insurance Pool Act; and
C. adopt any other rules deemed necessary in order to carry out the provisions of the Medical Insurance Pool Act.
History:
1978 Comp., § 59A-54-17, enacted by Laws 1987, ch. 154, § 17; 2001, ch. 352, § 11.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "Medical Insurance Pool Act" for "Comprehensive Health Insurance Pool Act" in Subsections B and C.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-18 - Collective action.

Neither the participation by insurers in the pool, the establishment of rates, forms or procedures for coverages issued by the pool nor any other joint or collective action required by the Medical Insurance Pool Act shall be the basis of any legal action, civil or criminal liability or penalty against the members of the pool either jointly or separately.
History:
1978 Comp., § 59A-54-18, enacted by Laws 1987, ch. 154, § 18; 2001, ch. 352, § 12.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "Medical Insurance Pool Act" for "Comprehensive Health Insurance Pool Act".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-20 - Benefit payments reduction.

A. The pool shall be the last payer of benefits whenever any other benefit is available. Benefits otherwise payable under pool coverage shall be reduced by all amounts paid or payable through any other health insurance or health benefit plan, including a self-insured plan and by all hospital and medical expense benefits paid or payable under any workmen's compensation coverage, automobile medical payment or liability insurance, whether provided on the basis of fault or nonfault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law program.
B. The administrator or the pool shall have a cause of action against an eligible person for the recovery of the amount of benefits paid which are not for covered expenses. Benefits due from the pool may be reduced or refused as a set-off against any amount recoverable under this subsection.
History:
1978 Comp., § 59A-54-20, enacted by Laws 1987, ch. 154, § 20.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 54 - Medical Insurance Pool › Section 59A-54-21 - Exemption.

The pool is exempt from payment of all fees and all taxes levied by this state or any of its political subdivisions.
History:
1978 Comp., § 59A-54-21, enacted by Laws 1987, ch. 154, § 21.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 55 - Risk Retention and Purchasing Groups › Section 59A-55-1 - Short title.

Sections 1 through 26 [59A-55-1 to 59A-55-26 NMSA 1978] of this act may be cited as the "Risk Retention and Purchasing Group Act".
History:
Laws 1988, ch. 125, § 1.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 55 - Risk Retention and Purchasing Groups › Section 59A-55-2 - Purpose.

The purpose of the Risk Retention and Purchasing Group Act is to regulate the formation and operation of risk retention groups and purchasing groups in New Mexico formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986 to the extent permitted by that act.
History:
Laws 1988, ch. 125, § 2.
ANNOTATIONS
Cross references.
— For the Federal Liability Risk Retention Act of 1986,
see
15 U.S.C. § 3901 et seq.