reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 1 - Insurance Code › Section 59A-1-13 - "Transacting insurance".

In addition to other aspects of insurance operations to which the Insurance Code by its terms applies, "transacting insurance" with respect to an insurance contract or a business of insurance includes any of the following, by mail or otherwise or whether or not for profit:
A. solicitation or inducement;
B. negotiation;
C. effectuation of an insurance contract;
D. transaction of matters subsequent to effectuation and arising out of such a contract;
E. maintenance in this state of an office or personnel performing any function in furtherance of an insurer's business of insurance; or
F. maintenance by an insurer of assets in trust in this state for the benefit, security or protection of its policyholders or its policyholders and creditors.
History:
Laws 1984, ch. 127, § 13; 1991, ch. 125, § 1.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
The 1991 amendment,
effective April 3, 1991, inserted "an insurance contract or" in the introductory paragraph; added Subsections E and F; and made a related stylistic change.
Self-insured employer.
— An employer who was self-insured for workers' compensation and who maintained a self-funded health indemnity plan for employees was not engaged in the business of insurance.
Kitchell v. Public Serv. Co.
, 1998-NMSC-051, 126 N.M. 525, 972 P.2d 344.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 1 - Insurance Code › Section 59A-1-14 - Compliance required.

No person shall transact a business of insurance in New Mexico, or relative to a subject of insurance resident, located or to be performed in New Mexico or elsewhere, without complying with the applicable provisions of the Insurance Code.
History:
Laws 1984, ch. 127, § 14.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 1 - Insurance Code › Section 59A-1-16 - Exempted from code.

In addition to organizations and businesses otherwise exempt, the Insurance Code shall not apply to:
A. a labor organization that, incidental only to operations as a labor organization, issues benefit certificates to members or maintains funds to assist members and their families in times of illness, injury or need, and is not for profit;
B. the credit union share insurance corporation, as identified in Chapter 58, Article 12 NMSA 1978, and similar corporations and funds for protection of depositors, shareholders or creditors of financial institutions and businesses other than insurers; or
C. the risk management division of the general services department, the public school insurance authority, the retiree health care authority and any public school district or to insurance of public property or public risks by any agency of government not otherwise engaged in the business of insurance, except the provisions of the Patient Protection Act [Chapter 59A, Article 57 NMSA 1978] and Sections 59A-2-9.2 and 59A-23E-18 NMSA 1978 shall apply to any entity required or authorized to purchase health care benefits pursuant to the Health Care Purchasing Act [Chapter 13, Article 7 NMSA 1978].
History:
Laws 1984, ch. 127, § 16; 1998, ch. 107, § 12; 2001, ch. 351, § 4.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
The 2001 amendment,
effective June 15, 2001, in Subsection C, inserted "the public school insurance authority, the retiree health care authority and any public school district", inserted "and Sections 59A-2-9.2 and 59A-23E-18 NMSA 1978" and substituted "any entity required or authorized to purchase health care benefits pursuant to the Health Care Purchasing Act" for "the risk management division and any managed health care plan it offers".
The 1998 amendment,
effective July 1, 1998, deleted "as" following "apply" in the introductory language; substituted "that" for "which" near the beginning of Subsection A; in Subsection B, substituted "Chapter 58, Article 12" for "Article 58-12"; in Subsection C, inserted "general services" following "division of the", deleted "of finance and administration of New Mexico" following "department" and "as" following "or", and added the exception to the end of the subsection.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 1 - Insurance Code › Section 59A-1-17 - Particular provisions prevail.

Provisions of the Insurance Code relative to a particular kind of insurance or type of insurer or particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.
History:
Laws 1984, ch. 127, § 17.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 1 - Insurance Code › Section 59A-1-18 - General penalty.

A. Unless the same is defined as a felony under any other law of this state or punishment therefor classifies it otherwise, every violation of the Insurance Code is a petty misdemeanor punishable by a fine not to exceed five hundred dollars ($500).
B. Where other monetary penalty is not expressly provided for, an administrative penalty may be assessed for violations of the Insurance Code. The administrative penalty shall be not over five thousand dollars ($5,000) for each violation, except that if the violation is to be found willful and intentional, the penalty may be up to ten thousand dollars ($10,000) for each violation. Every administrative penalty shall be imposed by written order of the superintendent made after hearing held as provided in Chapter 59A, Article 4 NMSA 1978.
C. A monetary penalty imposed may be additional to any applicable suspension, revocation or denial of a license or certificate of authority.
D. In addition to the authority of the insurance department to bring an action to recover statutory fines and assessments, the insurance department may bring civil actions for penalties in sums not to exceed the criminal fine for each violation of the Insurance Code, in lieu of criminal prosecution.
E. The penalties contained in Subsections A through D of this section shall be in addition to any other penalty provided by law.
History:
Laws 1984, ch. 127, § 18; 1987, ch. 259, § 1; 1989, ch. 145, § 1.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-2 - Superintendent; appointment; term; compensation; removal.

A. The position of superintendent of insurance shall be the chief officer of the office of superintendent of insurance.
B. The superintendent shall be appointed by the insurance nominating committee.
C. The superintendent shall serve for a term of four years, except that the initial term beginning July 1, 2013 shall end on December 31, 2015. An incumbent superintendent may apply to the insurance nominating committee for appointment to additional terms.
D. The superintendent's annual compensation shall be subject to legislative appropriation and established by the insurance nominating committee at the start of each term and annually thereafter. The superintendent's annual compensation shall be no lower than that of the lowest-compensated cabinet secretary and no higher than that of the highest-compensated cabinet secretary.
E. The superintendent shall not be removed except for incompetence, willful neglect of duty or malfeasance in office. The insurance nominating committee may remove the superintendent after providing the superintendent with notice and a hearing.
History:
Laws 1984, ch. 127, § 20; 1998, ch. 108, § 35; 2013, ch. 74, § 10; 2015, ch. 11, § 3; 2020, ch. 63, § 1.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, removed a provision providing for a vacancy in the position of superintendent of insurance; and in Subsection C, after "December 31, 2015.", deleted "If the position of superintendent becomes vacant, the successor shall serve the remainder of the term".
The 2015 amendment,
effective June 19, 2015, provided that the annual compensation of the superintendent of insurance shall be established by the insurance nominating committee and subject to legislative appropriation; in Subsection D, after "shall be", added "subject to legislative appropriation and", and after "established by the", deleted "legislature in an appropriations act and" and added "insurance nominating committee at the start of each term and annually thereafter. The superintendent's annual compensation"; and in Subsection E, after "after", deleted "first".
The 2013 amendment,
effective March 29, 2013, provided for the term of office, compensation, and removal of the superintendent of insurance; in the title, added "term; compensation"; in Subsection A, at the beginning of the sentence, added "position of", after "chief officer of the", added "office of superintendent of", and after "insurance", deleted "division"; in Subsection B, after "appointed", deleted "and may be removed for cause at any time", and after "by the", deleted "commission" and added "insurance nominating committee"; and added Subsections C through E.
The 1998 amendment,
effective January 1, 1999, substituted "division" for "department" in the first sentence, and deleted "corporation" preceding "commission" in the second sentence.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-3 - Superintendent; qualifications and bond.

The superintendent shall:
A. be bonded as provided in the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978];
B. not have a direct financial interest in an insurer, insurance agency or insurance transaction except as a policyholder or a claimant under a policy or as an owner of less than one percent of the shares of an insurer that is a publicly traded corporation; and
C. not have a spouse who:
(1) has a direct financial interest in an insurer or insurance agency regulated by the office of superintendent of insurance, except as an owner of less than one percent of the shares of an insurer that is a publicly traded corporation; or
(2) is licensed as an individual by the office of superintendent of insurance.
History:
Laws 1984, ch. 127, § 21; 2013, ch. 74, § 11; 2015, ch. 11, § 5; 2020, ch. 63, § 3.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, removed a provision requiring the superintendent be a resident of New Mexico at the time of appointment; and deleted former Subsection A and redesignated the succeeding subsections accordingly.
The 2015 amendment,
effective June 19, 2015, provided for new qualifications and restrictions on the position of superintendent of insurance; in Subsection A, deleted "have been" and added "be" preceding "a resident", and after "New Mexico", deleted "for at least one year before" and added "at the time of"; in Subsection B, after "Act;", deleted "and"; in Subsection C, after "not have", deleted "nor have a spouse or child who has, any" and added "a", and deleted the period and added "; and"; and added Subsection D.
The 2013 amendment,
effective March 29, 2013, provided qualifications for the superintendent of insurance; in Subsection A, after "for at least", deleted "three (3) years" and added "one year" and deleted "The superintendent shall"; and added Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Personal liability of public officials or their bonds for permitting insurance companies to engage or continue in business without complying with statutory requirements, 131 A.L.R. 275.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-4 - Staff.

The superintendent:
A. may hire employees and prescribe their duties and qualifications and fix their compensation pursuant to the Personnel Act [Chapter 10, Article 9 NMSA 1978]; and
B. shall designate an employee of the office of superintendent of insurance as chief deputy superintendent, who shall be acting superintendent when the superintendent position is vacant or the superintendent is unable to perform the duties of that office because of mental or physical disability.
History:
Laws 1984, ch. 127, § 22; 1993, ch. 320, § 2; 1998, ch. 108, § 36; 2013, ch. 74, § 12.
ANNOTATIONS
The 2013 amendment,
effective March 29, 2013, provided for staff of the superintendent of insurance; in the introductory sentence, at the beginning of the sentence, deleted "With the chief of staff's approval"; in Subsection A, after "may", added the reminder of the sentence; in Subsection B, at the beginning of the sentence, added "shall", after "employee of the", added "office of superintendent of", after "insurance", deleted "division", after "when the", deleted "office of", and after "when the superintendent", deleted "position".
The 1998 amendment,
effective January 1, 1999, deleted the Subsection A designation, substituted "chief of staff's" for "corporation commission's" near the beginning and deleted Subsections B through D.
The 1993 amendment,
effective June 18, 1993, added Subsection D.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 59A-2-5 and 59A-2-6 NMSA 1978, as enacted by Laws 1984, ch. 127, §§ 23 and 24, relating to conflicts of interest of, and prohibiting gratuities to, the superintendent of insurance, effective January 1, 1999. For provisions of former sections,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-7 - Delegation of powers.

A. The superintendent may delegate to his deputy, assistant or examiner the exercise or discharge in the superintendent's name of any power, duty or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon or to be performed by the superintendent.
B. The official act of any such individual acting in the superintendent's name and by his authority shall be deemed an official act of the superintendent.
History:
Laws 1984, ch. 127, § 25.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-8.1 - Producer licensing; national producer registry; fees collected.

The division may contract with a nongovernmental entity, including the national association of insurance commissioners or its affiliates or subsidiaries, to perform ministerial functions related to licensure of producers. Fees collected shall be remitted to the division on a schedule approved by the superintendent. The division may adopt by rule any uniform standards and procedures necessary to participate in a national producer registry.
History:
Laws 2001, ch. 297, § 9.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 297 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-9 - Rules and regulations; promulgation; violation.

A. The superintendent, after a hearing thereon, may make reasonable rules and regulations necessary for or as an aid to administration or effectuation of any provision of the Insurance Code administered by the superintendent, and from time to time withdraw, modify or amend any such rule or regulation.
B. No such rule or regulation shall extend, modify or conflict with any such provision or other laws of New Mexico.
C. The superintendent shall file all new rules, amendments of rules or repeals of rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] not later than the submittal deadline for publication in the New Mexico register on or before the effective date of any such rule, amendment or repeal.
D. Willful violation of any such rule or regulation shall subject the violator to such penalty as may be applicable under the Insurance Code for violation of the provision to which the rule or regulation relates; but no penalty shall apply to any act done or omitted in good faith in conformity with any such rule or regulation, notwithstanding that the rule or regulation may, after such act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
History:
Laws 1984, ch. 127, § 27; 1997, ch. 121, § 1.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
The 1997 amendment,
effective June 20, 1997, rewrote Subsection C and made a stylistic change in Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
43 Am. Jur. 2d Insurance §§ 51 to 54.
44 C.J.S. Insurance § 15 et seq.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-9.1 - Regulations; leased employees.

The superintendent shall adopt and promulgate regulations:
A. for defining temporary and leased employees;
B. for rating temporary and leased employees;
C. to ensure that employers utilize accurate employee classifications;
D. to prevent employers from reducing their experience modifiers through various employee-leasing schemes;
E. to establish and enforce penalties for any violations of these regulations; and
F. which shall be reported to the first session of the fortieth legislature.
History:
Laws 1990 (2nd S.S.), ch. 2, § 108.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-9.2 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 202, § 15 recompiled former 59A-2-9.2 NMSA 1978, concerning health plan requirements, as 59A-16-21.1 NMSA 1978, effective June 20, 2003.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-9.3 - Superintendent authorized and directed to promulgate privacy rules.

The superintendent is authorized to and shall promulgate rules to reasonably protect the privacy of insurance consumers' nonpublic personal information, including personal health and financial information. Rules promulgated pursuant to this section shall meet any applicable federal requirements for protecting nonpublic personal information of insured persons from improper access or disclosure.
History:
Laws 2001, ch. 202, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 202 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-9.4 - Superintendent of insurance; additional powers.

The superintendent of insurance shall promulgate rules to define minimum coverage for smoking cessation treatment.
History:
Laws 2003, ch. 337, § 6.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 337 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.
Applicability.
— Laws 2003, ch. 337 § 7, effective June 20, 2003, made the provisions of the act apply on and after July 1, 2003.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-9.5 - Repealed.

History:
Laws 2003, ch. 235, § 3; 1978 Comp. § 8-8-9.2, recompiled by Laws 2007, ch. 282, § 14; repealed by Laws 2015, ch. 111, § 7.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 111, § 7 repealed 59A-2-9.5 NMSA 1978, as enacted by Laws 2003, ch. 235, § 3, relating to duties of the superintendent of insurance, effective June 19, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-9.6 - Health insurance cooperative; rulemaking.

The superintendent shall adopt rules to govern the registration of health insurance cooperatives, including the registration of cooperative employees, pursuant to Chapter 59A, Article 23 NMSA 1978.
History:
Laws 2011, ch. 34, § 3.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 34 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-9.7 - Annual report required.

No later than December 1 of each year, the superintendent shall report to the legislature, to the insurance nominating committee and to the governor on the activities of the office of superintendent of insurance during the previous fiscal year.
History:
Laws 2013, ch. 74, § 14.
ANNOTATIONS
Emergency clauses.
— Laws 2013, ch. 74, § 41 contained an emergency clause and was approved March 29, 2013.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-9.8 - Prior authorization request form; development.

A. On or before January 1, 2014, the division shall jointly develop with the board of pharmacy a uniform prior authorization form that, notwithstanding any other provision of law, a prescribing practitioner in the state shall use to request prior authorization for coverage of prescription drugs. The uniform prior authorization form shall:
(1) not exceed two pages;
(2) be made electronically available on the web site of the division and on the web site of each health insurer, health care plan or health maintenance organization that uses the form;
(3) be developed with input received from interested parties pursuant to at least one public meeting; and
(4) take into consideration the following:
(a) any existing prior authorization forms that the federal centers for medicare and medicaid services or the human services department [health care authority department] has developed; and
(b) any national standards pertaining to electronic prior authorization for prescription drugs.
B. As used in this section, "prescribing practitioner" means a person that is licensed or certified to prescribe and administer drugs that are subject to the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978].
History:
Laws 2013, ch. 170, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Effective dates.
— Laws 2013, ch. 170 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 2 - Office of Superintendent of Insurance › Section 59A-2-9.9 - State innovation waiver application.

The superintendent, in consultation with and pursuant to approval by the governor, is authorized to submit a state innovation waiver application pursuant to Section 1332 of the federal Patient Protection and Affordable Care Act to establish a program relating to access and affordability of health insurance coverage. In applying for a waiver pursuant to Section 1332 of the federal Patient Protection and Affordable Care Act, the superintendent shall seek any federal funding available to implement the waiver.
History:
Laws 2019, ch. 259, § 20.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 259 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-9.10 - Reporting.

The office of superintendent of insurance shall report annually to the legislative health and human services committee and the legislative finance committee regarding the implementation, regulation, compliance and enforcement of the provisions of this 2023 act.
History:
Laws 2023, ch. 114, § 45.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-10 - Orders, notices in general.

A. Orders and notices of the superintendent shall be effective only when in writing signed by him or by his authority.
B. Every order of the superintendent shall state its effective date and shall concisely state:
(1) what is ordered;
(2) the grounds on which the order is based; and
(3) the provisions of the Insurance Code pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the superintendent of the right to rely thereon.
C. Except as provided as to particular procedures, an order or notice may be given by delivery to the person to be ordered or notified, or by mailing it, postage prepaid, addressed to such person at [his] principal place of business or residence last of record with the insurance department. If so mailed, the order or notice shall be deemed given when deposited in a mail depository of the United States post office; and as to which the affidavit of the individual who so mailed it shall be prima facie evidence that the order or notice was given.
History:
Laws 1984, ch. 127, § 28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-11 - Enforcement.

A. The superintendent may invoke the aid of any court of competent jurisdiction through injunction, mandamus or other appropriate process to enjoin any existing or threatened violation of any provision of the Insurance Code or to enforce any order made or action taken by him in pursuance of law.
B. If the superintendent has reason to believe that any person has violated any provision of the Insurance Code or other law applicable to insurance operations, for which criminal prosecution in his opinion would be in order, he shall give the information relative thereto to the attorney general or other appropriate public law enforcement officials. The attorney general or such other law enforcement official shall promptly institute or cause to be instituted such action or proceedings against such person as in his opinion the information may require or justify.
C. The superintendent may enforce civil penalties provided under the Insurance Code, and for the purpose use services of attorneys of the insurance department.
History:
Laws 1984, ch. 127, § 29.
ANNOTATIONS
Cross references.
— For statutory provisions relating to mandamus,
see
44-2-1 NMSA 1978 et seq.
For injunctions under Rules of Civil Procedure for the District Court,
see
Rule 1-066 NMRA.
For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-12 - Records; inspection; destruction.

A. The superintendent shall preserve in the office of superintendent of insurance and in permanent form copies of all notices and orders given or made and of all other papers and records relating to the business and transactions of the office and shall hand the same over to the superintendent's successor in office.
B. Except as otherwise provided by the Insurance Code or by order of court, the papers and records shall be open to public inspection. The superintendent may classify as confidential certain records and information obtained from another governmental agency or other source upon the express condition that they remain confidential or are deemed confidential by the superintendent, and such records and information shall not be subject to public inspection while confidentiality exists; except that no filing required to be made with the superintendent under the Insurance Code shall be deemed confidential unless expressly so provided by law.
C. The superintendent may destroy unneeded or obsolete records and filings in the office of superintendent of insurance pursuant to the Public Records Act [Chapter 14, Article 3 NMSA 1978].
History:
Laws 1984, ch. 127, § 30; 2013, ch. 74, § 16.
ANNOTATIONS
The 2013 amendment,
effective March 29, 2013, provided for preservation, inspection, and destruction of the records of the office of the superintendent of insurance; in Subsection A, after "shall preserve in the", added "office of superintendent of", after "insurance", deleted "department", after "transactions of the", deleted "department" and added "office", and after "hand the same over to", deleted "his" and added "the superintendent's"; and in Subsection C, after "filings in the", added "office of superintendent of" and after "insurance", deleted "department in accordance with provisions and procedures applicable in general to records and filings of the corporation commission" and added "pursuant to the Public Records Act".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-13 - Seal as evidence.

The superintendent shall have an official seal. Every instrument executed by the superintendent in pursuance with law and sealed with such seal shall be received as evidence. Copies of books, records and papers kept or filed in the office of superintendent of insurance pursuant to law, certified by the superintendent and authenticated by the seal, shall be received in evidence in like manner as the originals.
History:
Laws 1984, ch. 127, § 31; 2013, ch. 74, § 17.
ANNOTATIONS
The 2013 amendment,
effective March 29, 2013, provided for an official seal of the office of superintendent of insurance; at the beginning of the first sentence, deleted "The corporation commission shall provide", after "superintendent", deleted "with" and added "shall have"; and in the third sentence, after "kept and filed in the", added "office of superintendent of" and deleted "department".
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-14 - Publications; preparation and sale.

A. The superintendent may authorize preparation and sale of bound pamphlet copies of the insurance laws of this state, of rules and regulations adopted pursuant to such laws, and of any other publication which the superintendent, in administration of the insurance laws, deems to be of interest sufficiently widespread to so warrant.
B. The superintendent shall offer, or cause to be offered, the publications for sale at a price adequate to cover costs of printing and handling.
C. The superintendent shall promptly deposit in the state treasury all revenues derived from any such sale. The state treasurer shall credit the deposits to the insurance department suspense fund.
History:
Laws 1984, ch. 127, § 33.
ANNOTATIONS
Expenditures for publication of documents authorized.
— Superintendent of insurance could properly expend money from the "insurance fund" and from the "fire protection fund" for the purposes of publication of documents which fall within either the scope of former 59-2-10 NMSA 1978 (comparable provisions in this section) or Laws 1959, ch. 297 (the Fire Protection Fund Act, former 59-15-1 NMSA 1978, et seq. (comparable provisions in 59A-53-1 NMSA 1978 et seq.)) and the nature of the publication will determine from which fund the expenses of such publications will be taken. 1959 Op. Att'y Gen. No. 59-111.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-15 - Interstate, federal and international cooperation.

A. On request of the insurance supervisory official of any other state, province or country; of the national association of insurance commissioners or similar association of insurance regulatory officials; or of a federal agency, the superintendent shall communicate to the official, association or agency information that it is the superintendent's duty by law to ascertain respecting an insurer or other person transacting insurance in this state or otherwise subject to the superintendent's supervision.
B. The superintendent may be a member of the national association of insurance commissioners or any successor organization and may participate in and support cooperative activities of public agencies having supervision of the insurance business.
History:
Laws 1984, ch. 127, § 34; 1991, ch. 125, § 3; 2014, ch. 59, § 1.
ANNOTATIONS
The 2014 amendment,
effective July 1, 2014, provided for cooperation with federal agencies; in the catchline, after "interstate", added "federal and international"; and in Subsection A, after "insurance regulatory officials", added "or of a federal agency", after "the official", deleted "or", and after "the official association" deleted "any" and added "or agency".
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.
The 1991 amendment,
effective April 3, 1991, rewrote Subsection A which read "On request of the insurance supervisory official of any other state, province or country, the superintendent shall communicate to such official any information which it is his duty by law to ascertain respecting authorized insurers."
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-15.1 - Office of superintendent of insurance; cooperation with New Mexico health insurance exchange.

The office of superintendent of insurance shall cooperate with the New Mexico health insurance exchange to share information and assist in the implementation of the functions of the exchange.
History:
Laws 2013, ch. 54, § 10.
ANNOTATIONS
Emergency clauses.
— Laws 2013, ch. 54, § 17 contained an emergency clause and was approved March 28, 2013.
Severability.
— Laws 2013, ch. 54, § 16 provided that if any part or application of Laws 2013, ch. 54, §§ 1 through 15 are held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-16 - Nonpreemption.

Nothing contained in the Interstate Insurance Product Regulation Compact [11-19-1 NMSA 1978], nor any decision or action by the interstate insurance product regulation commission, shall preempt, alter or modify any claims or remedies against insurance companies, agents or other persons or entities regulated under the Insurance Code that are or may become available under the common law, the Insurance Code or other statutes of this state.
History:
Laws 2009, ch. 188, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 2 - Office of Superintendent of Insurance › Section 59A-2-17 - Reporting.

Until January 1, 2027:
A. the office of superintendent of insurance shall report by November 1 of each year to the governor, the legislative finance committee and the interim legislative health and human services committee data regarding the elimination of cost sharing pursuant to the provisions of this 2021 act, including the effects on providers and patients with regard to costs for behavioral health services and the effects on health and social outcomes for patients, by using a set of performance measurement tools related to health care quality assurance, developed by a nationally recognized organization; and
B. the legislative finance committee shall report by November 1 of each year to the governor and the interim legislative health and human services committee data regarding the elimination of cost sharing pursuant to the provisions of this 2021 act, including the effects on providers and patients with regard to costs for behavioral health services and the effects on health and social outcomes for patients, by using a set of performance measurement tools related to health care quality assurance, developed by a nationally recognized organization.
History:
Laws 2021, ch. 136, § 10.
ANNOTATIONS
Compiler's notes.
Laws 2021, ch. 136, § 10 was not enacted as part of the Insurance Code, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2021, ch. 136, § 11 made Laws 2021, ch. 136, § 10 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 3 - State Insurance Board (Repealed.) › Section 59A-3-1 to 59A-3-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 59A-3-1 to 59A-3-9 NMSA 1978, as enacted by Laws 1984, ch. 127, §§ 35 to 44, relating to the state insurance board, effective January 1, 1999. For provisions of former sections,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 4 - Examinations, Hearings and Appeals › Section 59A-4-1 - Scope of article.

Except as otherwise expressly provided as to particular matters in the Insurance Code, the provisions of Chapter 59A, Article 4 NMSA 1978 as to investigations and hearings by the superintendent shall apply as to all persons and operations subject to licensing or supervision under the Insurance Code.
History:
Laws 1984, ch. 127, § 45; 1998, ch. 108, § 37.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
The 1998 amendment,
effective January 1, 1999, substituted "Chapter 59A, Article 4 NMSA 1978" for "this article" near the beginning of the section, and deleted the former last sentence, which read: "When the matter concerned in this article is within the jurisdiction of the insurance department, the superintendent is acting as superintendent of that department; when the matter concerned is within the jurisdiction of the insurance board, the superintendent is acting in the capacity of secretary of that board."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
43 Am. Jur. 2d Insurance § 34.
44 C.J.S. Insurance § 15 et seq.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 4 - Examinations, Hearings and Appeals › Section 59A-4-2 - Investigations; confidentiality of information pending completion.

A. Evidence relative to the subject of an investigation being conducted by the superintendent shall not be open to public inspection for so long as the superintendent deems reasonably necessary to complete the investigation, to protect the person investigated from unwarranted injury, or to be in the public interest.
B. Evidence relative to the subject of such an investigation shall not be subject to subpoena until opened for public inspection by the superintendent, unless the superintendent consents to such subpoena or until, after notice to the superintendent and hearing, the court determines that conduct of the superintendent's investigation or the subject thereof would not be unreasonably injured by the subpoena.
C. Except as otherwise expressly provided, the superintendent or insurance department investigators shall not be subject to subpoena in civil actions by any court of this state to testify concerning any information secured by them during their uncompleted investigation or examination.
History:
Laws 1984, ch. 127, § 46.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 4 - Examinations, Hearings and Appeals › Section 59A-4-3 - Inquiries by superintendent.

The superintendent may direct an inquiry to any person subject to supervision under the Insurance Code with respect to any transaction or matter within the scope of such supervision. Upon receipt of the request, the person shall promptly furnish to the superintendent requested information in possession or control of such person. If so specified by the superintendent, the requested information shall be furnished under oath.
History:
Laws 1984, ch. 127, § 47.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 4 - Examinations, Hearings and Appeals › Section 59A-4-4 - Power of examination; in general.

A. In addition to examinations otherwise expressly authorized for purpose of ascertaining financial condition where applicable, compliance with law, relationships and transactions between any such persons and others and treatment accorded its contract holders, subscribers and others served by it, the superintendent as often as he deems advisable may examine the accounts, records, documents, transactions and affairs of the following persons subject to the superintendent's supervision under the Insurance Code or other laws and within the lawful scope of such supervision:
(1) any person engaged or purporting or proposing to engage in this state in the business of provision of services on a prepaid basis for health care, dental care, funerals or burial or in premium financing, together with the managers, parent organization and affiliates of any such person;
(2) any person having a contract under which he enjoys in fact the exclusive or dominant right to manage or control an insurer or to produce substantially all of its business;
(3) any insurance holding company and its affiliates and any person holding the shares of voting stock or the policyholder proxies of a domestic insurer for the purpose of controlling management thereof as voting trustee or otherwise;
(4) any subsidiary of an insurer;
(5) any person engaged or proposing or purporting to be engaged in this state in, or in this state assisting in, promotion, formation or financing of an insurer or insurance holding corporation, or corporation or other group to finance an insurer or its business;
(6) any self-insureds;
(7) any insurer that insures or administers a multiple employer welfare arrangement covering risks in this state; and
(8) any person transacting insurance in this state.
B. In lieu of making the examination of a foreign or alien person authorized to do business in this state or applying for such authority and subject to examination under the above provisions, the superintendent may accept a full report of a recent examination of such person by the appropriate examining official of another state, certified by such official.
History:
Laws 1984, ch. 127, § 48; 1987, ch. 119, § 1; 1991, ch. 125, § 4.
ANNOTATIONS
Cross references.
— For the Insurance Code,
see
59A-1-1 NMSA 1978 and notes thereto.
The 1991 amendment,
effective April 3, 1991, in Subsection A, added Paragraphs (7) and (8) and made a related stylistic change.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 4 - Examinations, Hearings and Appeals › Section 59A-4-6 - Examiners and specialists.

A. The superintendent may appoint one or more competent individuals, sufficiently knowledgeable in applicable accounting and operations, as examiners to represent the superintendent in an examination and shall fix the reasonable compensation of the examiners.
B. The superintendent may also employ and fix reasonable compensation of independently contracting accountants knowledgeable of insurance accounting principles and practices, actuaries, attorneys, appraisers and other specialists not otherwise part of the insurance department staff, as the superintendent deems necessary for the examination, the cost of which shall be borne by the company which is the subject of the examination. All specialists shall be under the direction and control of the superintendent.
History:
Laws 1984, ch. 127, § 50; 1993, ch. 320, § 4; 2011, ch. 127, § 2.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, eliminated the reference to repealed Sections 59A-2-5 and 59A-2-6 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, made a stylistic change in Subsection A; in Subsection B, in the first sentence, inserted "attorneys", added the language beginning "the cost of which", and made a stylistic change; and rewrote Subsection C.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 4 - Examinations, Hearings and Appeals › Section 59A-4-8 - Appraisal of assets.

A. If the superintendent deems it necessary to value any asset involved in an examination, he shall request in writing the person being examined to appoint one or more impartial appraisers who through education, experience or training are competent to appraise the asset. The appraiser so selected shall be subject to the superintendent's approval; and if an appraiser is not so selected within ten (10) days after the superintendent's request was delivered to the examinee, the superintendent may appoint the appraiser or appraisers.
B. The appraisal shall be expeditiously made, and a copy thereof furnished to the superintendent and to the examinee.
C. The reasonable expense of the appraisal shall be borne by the examinee.
History:
Laws 1984, ch. 127, § 52.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 4 - Examinations, Hearings and Appeals › Section 59A-4-9 - Examination report; contents.

No later than sixty days following completion of an examination, the examiner in charge shall file with the office of superintendent of insurance a verified, written examination report. The examination report shall comprise only facts appearing upon the books, records or other documents of the person examined, or from information provided to the examiner during the course of the examination by the examinee's officers or agents and other individuals examined concerning its affairs, together with the conclusions and recommendations of the examiners as may reasonably be warranted from the facts. The examination report shall be verified by the oath of the examiner in charge of the examination.
History:
Laws 1984, ch. 127, § 53; 1991, ch. 125, § 5; 2017, ch. 130, § 1.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, provided that an examiner must file with the office of superintendent of insurance a verified, written examination within sixty days of completing an examination; in the first sentence, deleted "Upon" and added "No later than sixty days following", after "examiner in charge shall", deleted "make a true" and added "file with the office of superintendent of insurance a verified, written examination", and after "report", deleted "thereof comprising"; and in the second sentence, added "The examination report shall comprise".