reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.11 - PRE-LICENSING CLASSROOM EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Accreditation.
A provider seeking to offer formal pre-licensing
				classroom education courses for bail bondsmen or solicitors shall be approved
				and accredited by the insurance education committee as provided in 13.4.7 NMAC,
				Continuing Education Requirements.
B.
Pre-licensing classroom
				requirements.
Each applicant shall complete 10 clock hours of
				pre-licensing classroom education using a curriculum that has been approved by
				the superintendent.
C.
Curriculum.
Once a year, during the month of January but before
				January 31, an accredited provider shall file a course curriculum with the
				superintendent for approval. The course curriculum shall be based on the
				subjects, laws and rules cited in
				13.20.2.10
				NMAC, shall describe how each subject will be taught to the applicant, and
				shall indicate the approximate amount of time to be allocated to each
				subject.
D.
Course
				sites.
Accredited providers shall offer formal pre-licensing classroom
				education courses in at least two geographic areas of the state located not
				less than 150 miles apart, as measured in driving distance from one course site
				to the other, until such time as the superintendent determines that sufficient
				classes are available statewide.
E.
Certificate of completion.
For each applicant who successfully
				completes the entire 10 clock hours of required pre-licensing classroom
				education, the accredited provider shall prepare and furnish to the applicant
				on the form provided by the superintendent a written certificate stating that
				the applicant has successfully completed the required formal pre-licensing
				classroom education in accordance with the approved curriculum. The accredited
				provider shall specify the number of hours the applicant attended the
				course.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.12 - PRE-LICENSING ON-THE-JOB TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
On-the-job training plan.
Once a year, during the month of January
				but before January 31, the sponsoring bail bondsman shall file an on-the-job
				training plan with the superintendent for approval. The on-the-job training
				plan shall be based on the subjects, laws and rules cited in
				13.20.2.10
				NMAC, shall describe how each subject will be taught to the applicant, and
				shall indicate the approximate amount of time to be allocated to each
				subject.
B.
Training
				requirements.
Each applicant shall complete 30 clock hours of on-the-job
				training under the direct supervision of a sponsoring bail bondsman.
C.
Certificate of completion.
For each applicant who successfully completes on-the-job training, the
				sponsoring bail bondsman shall certify in writing to the superintendent that
				the applicant has been taught the subjects pertinent to the duties and
				responsibilities of a bail bondsman, including ethics, all laws and rules
				related to the bail bond business and that applicant is prepared to take the
				exam. The sponsoring bail bondsman shall prepare and furnish to the applicant
				on the form provided by the superintendent a written certificate stating that
				the applicant has successfully completed on-the-job training in accordance with
				the approved on-the-job training plan.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.13 - WAIVER OF PRE-LICENSING EDUCATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon written request from an applicant, the superintendent
				  may, at his discretion, waive the pre-licensing education requirements whenever
				  the applicant's background and experience so warrant.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.14 - ELIGIBILITY FOR LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before
				an applicant may take the examination required for licensure, the applicant
				shall:
(1) complete the pre-licensing
				classroom education and on-the-job training required by
				13.20.2.11
				NMAC and
				13.20.2.12
				NMAC, unless the pre-licensing education requirement is waived by the
				superintendent as provided for in
				13.20.2.13
				NMAC;
(2) submit a written
				certificate of completion from his sponsoring bail bondsman for on-the-job
				training; and
(3) submit a written
				certificate of completion from an accredited provider for formal pre-licensing
				classroom education, if applicable.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.15 - SPONSORING BAIL BONDSMEN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Certification:
(1)
Application:
A bail bondsman seeking to be accredited as a
				sponsoring bail bondsman or as an accredited provider shall file an application
				with the superintendent on a form prescribed by the superintendent.
(2)
Qualifications:
The
				superintendent may certify a person as a sponsoring bail bondsman or an
				accredited provider if the person:
(a) is a
				licensed bail bondsman in good standing in this state or elsewhere;
(b) has been actively engaged in the bail
				bond business in this state or elsewhere for at least three years;
(c) has reasonable knowledge of the bail bond
				business and the laws and rules governing its transaction in New Mexico;
				and
(d) has a good business and
				personal reputation.
(3)
Certificate:
The superintendent shall issue written authorization
				to act as a sponsoring bail bondsman or as an accredited provider.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.16 - CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
Continuing education for bail bondsmen and solicitors shall
				  be provided in accordance with 13.4.7 NMAC, Continuing Education Requirements.
				  The continuing education hourly requirements in 13.4.7 NMAC shall be completed
				  prior to license renewal for a bail bondsman or solicitor licensee issued a
				  license by the superintendent.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.17 - RESPONSIBILITIES OF BAIL BONDSMEN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Permanent street address of place of business.
Every bail bondsman
				and solicitor shall have and maintain in this state a place of business
				accessible to the public where the bail bondsman or solicitor principally
				conducts bail bond transactions. The permanent street address of such place
				shall appear upon the bail bondsman's or solicitor's license, and the bail
				bondsman shall notify the superintendent in writing or as otherwise specified
				by the superintendent within 30 days of any change of address. Nothing in this
				paragraph shall prohibit the bail bondsman from maintaining his place of
				business in his residence in this state as long as the residence is properly
				permitted by the municipality in which the residence is located. A bondsman
				with more than one office location must have a permanent street address in each
				office location.
B.
Affiliation.
Any licensee licensed under the bail bond licensing
				law doing bail bond business in a business entity name, must complete a
				business entity license application, and must provide business registration
				documents for the business entity from the New Mexico office of secretary of
				state, to the superintendent. All bail bond business must be conducted in the
				business entity name.
C.
Display of licenses.
The licenses of the bail bondsman and the
				solicitors employed by him shall be conspicuously displayed in a part of the
				place of business customarily open to the public.
D.
Allowable charges.
A bail
				bondsman shall not accept any charges, fees, reimbursement or other
				remuneration except as approved by the superintendent.
E.
Receipt for premium required.
A bail bondsman shall issue a receipt for premium collected that
				includes the following information:
(1) the
				name and address of the bail bondsman or solicitor collecting
				premium;
(2) the face amount of the
				bond;
(3) the date bond was
				posted;
(4) the defendant's name,
				address and date of birth;
(5) the
				charges against the defendant;
(6)
				the date of the defendant's release;
(7) the date and time the defendant is
				required to appear;
(8) the case
				number;
(9) the name and address of
				the court at which the defendant must appear; and
(10) the signature of the defendant or
				principal acknowledging delivery of the receipt for premium.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.18 - RESPONSIBILITIES OF SOLICITORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				transactions of a solicitor under a solicitor's license shall be in the name of
				the employer bail bondsman.
B. A
				solicitor shall maintain records of his bail bond transactions.
C. A solicitor shall notify the
				superintendent and the employer bail bondsman when he ceases employment as a
				solicitor.
D. A solicitor shall not
				suggest or recommend an attorney to represent the defendant. If pressed to
				provide a referral, the bondsman may suggest that the defendant or principal
				contact the local bar association.
E. A solicitor shall not participate as an
				attorney at trial or hearing on behalf of a defendant or surety.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.19 - EVIDENCE OF LICENSE AND EMPLOYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. When posting a bail bond, a bail bondsman
				or solicitor transacting bail bond business in New Mexico must show that he has
				a valid license issued by the superintendent.
B. When countersigning bonds for another bail
				bondsman, a bail bondsman must show proof that he is employed by the
				authorizing bail bondsman.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.20 - COLLATERAL SECURITY OR OTHER INDEMNITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Permissible forms.
Collateral
				security may be in the form of cash or negotiable instruments, a mortgage on
				real property, personal property, or a lien on personal property.
B.
Receipt required.
A bail
				bondsman shall issue a receipt for collateral or security deposited with him or
				her that includes the following information:
(1) the depositor's name, address and date of
				birth;
(2) the defendant's
				name;
(3) a description and the
				actual or estimated value of the collateral or security deposited;
(4) a description of the condition of the
				collateral or security at the time it is received by the bail
				bondsman;
(5) the printed name and
				the signature of the person receiving the deposited collateral or security;
				and
(6) an acknowledgement that the
				collateral or security has been returned to the depositor, the date returned,
				and to whom.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.21 - RECORDS OF OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Every bail bondsman shall keep the records required by
				  Subsections A and B of
				  13.20.2.22
				  NMAC for at least three years after final termination of liability on the bond
				  and the records required by Subsection C of
				  13.20.2.22
				  NMAC for at least five years after final termination of liability on the
				  bond.
A.
Bail bond
				transactions.
The record of bail bond transactions shall show:
(1) the name of the solicitor or bondsman
				involved in the transaction, if any;
(2) the name and address of the
				defendant;
(3) the name and address
				of the person paying the premium for the bail bond;
(4) the court in which the bail bond was
				posted;
(5) the type of bail
				bond;
(6) the amount of the
				premium; and
(7) whether the bond
				was forfeited.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.22 - PROPERTY BONDSMAN'S SCHEDULE OF CHARGES AND RATING PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
Every property bondsman shall maintain records to confirm
				  compliance with the superintendent's published premium rates, schedule of
				  charges and rating plan. The superintendent may, if he deems it necessary to
				  evaluate compliance require the property bondman to submit audited financial
				  statements under oath.
A. The
				published premium rates, schedule of charges and rating plan shall be available
				on the OSI website and will be updated periodically, pursuant to a public
				hearing, as deemed necessary by the superintendent.
B. The published premium rates, schedule of
				charges and rating plan shall be:
(1) posted
				in a conspicuous place in the bail bondsman's place of business;
(2) available for public inspection in the
				offices of the superintendent; and
(3) provided to any court upon
				request.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 20 - MISCELLANEOUS INSURANCE › Part 2 - BAIL BONDSMEN AND SOLICITORS › Section 13.20.2.23 - INSTRUCTIONS FOR PREPARING AND SUBMITTING THE ANNUAL FINANCIAL STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the licensee's renewal anniversary date, property
				  bondsman must submit a detailed financial statement to the OSI examinations
				  bureau. All instructions for preparing and submitting a financial statement are
				  posted on the OSI website at:
http://www.osi.state.nm.us/
. In lieu
				  of submitting the detailed financial statement, the licensee may provide a copy
				  of the most recent federal tax return along with evidence that any funds due
				  pursuant to the return were also submitted.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 1 - GENERAL PROVISIONS › Section 13.21.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rules of Chapter 21 provide for and govern the
				  organization, administration, and defense of the New Mexico Patient's
				  Compensation Fund (the fund).
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 1 - GENERAL PROVISIONS › Section 13.21.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The rules of Chapter 21 are adopted and promulgated to ensure
				  that the
Patient's Compensation Fund
is organized,
				  administered, and operated on a financially and actuarially sound basis so as
				  to achieve the purpose for which it was established. The rules adopted in
				  Chapter 21 shall be construed, interpreted, and applied to achieve the purposes
				  and objectives for which the fund was established.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 1 - GENERAL PROVISIONS › Section 13.21.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This chapter adopts the definitions found in Section
				  41-5-3
				  NMSA 1978, in Section
				  14-4-2
				  NMSA 1978, in Chapter 59A, Article 1, NMSA 1978, and in
				  1.24.1.7 NMAC. In
				  addition:
A.
"Base
				coverage"
means the medical malpractice liability coverage, as required
				by the MMA or as determined by the superintendent for a hospital or outpatient
				health care facility, that must be provided by an insurance policy issued to a
				health care provider;
B.
"Insured"
means a health care provider insured under a medical
				malpractice liability insurance policy;
C.
"MMA"
means the New Mexico
				Medical Malpractice Act, Sections
				41-5-1
				through
				41-5-29
				NMSA 1978;
D.
"Occurrence
				coverage"
means malpractice liability insurance for medical malpractice
				that occurs during the policy term, regardless of when the claim was
				reported;
E.
"Qualified
				health care provider"
or
"QHP"
means a health care
				provider, as defined in Subsection A of Section
				41-5-1
				NMSA 1978, who is admitted to the fund pursuant to these rules;
F.
"Self-insured"
means a person
				who satisfies, or seeks to satisfy, the requirements for becoming a "qualified
				health care provider" by depositing funds with the superintendent;
G.
"Slot coverage"
means
				prohibited coverage for more than one part-time health care provider on a
				"full-time equivalency" (FTE) basis calculated on how many hours, collectively,
				the part-time health care providers would be working during the period of
				coverage and calculating the premium as comparable to the one full-time health
				care provider's premium; and
H.
"Third-party administrator" or "TPA"
means the third-party
				administrator identified in Section
				41-5-25
				NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 1 - GENERAL PROVISIONS › Section 13.21.1.8 - RESPONSIBILITIES OF THE THIRD-PARTY ADMINISTRATOR

Current through Register Vol. 35, No. 13, July 16, 2024
The third-party administrator shall demonstrate its
				  qualifications through prior experience fulfilling responsibilities similar to
				  those set forth herein and have the responsibility to
A. receive and process health care provider
				requests for admission to the fund;
B. determine whether applicants for admission
				satisfy the standards of financial responsibility and possess the other
				qualifications for admission specified by these rules;
C. timely collect surcharges from, or paid by
				insurers on behalf of, health care providers;
D. certify periods of admission of qualified
				health care providers;
E. process
				claims against qualified health care providers or the fund in accordance with
				the MMA and these rules;
F. collect
				and maintain claims experience and surcharge data;
G. purchase insurance for the fund and its
				obligations;
H. retain actuarial,
				legal and claim adjusting services for the fund;
I. negotiate reasonable and appropriate
				compromises and settlements of the fund's liability respecting any claim
				against the fund and obtain approval from the superintendent or the
				superintendent's designee before entering into an agreement involving PCF
				funds;
J. pay judgments,
				settlements, arbitration awards, and medical expenses for which the fund is
				responsible;
K. at the direction of
				the superintendent, develop and maintain a website linked to the office of
				superintendent of insurance website;
L. provide an annual audit of the fund to the
				superintendent;
M. subject to
				approval from the superintendent, develop methodology for allocating liability
				for any fund deficit among health care providers; and
N. discharge and perform such other duties,
				responsibilities, functions, and activities as are expressly or impliedly
				imposed on the TPA by the MMA, as directed by the superintendent or as
				specified by these rules.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 1 - GENERAL PROVISIONS › Section 13.21.1.9 - EXPENSES OF ADMINISTRATION AND DEFENSE

Current through Register Vol. 35, No. 13, July 16, 2024
All expenses incurred for, by, or on behalf of the
				  superintendent or the TPA in the administration, operation, and defense of the
				  fund shall be borne by the fund.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 1 - GENERAL PROVISIONS › Section 13.21.1.10 - REFERENCE TO OTHER DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
When a rule issued by the superintendent relating to the MMA
				  or the fund refers to another rule, regulation, statute, or other document, the
				  reference, unless stated specifically to the contrary, is continuous and
				  intended to refer to all amendments of the rule, regulation, statute, or
				  document.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 1 - GENERAL PROVISIONS › Section 13.21.1.11 - INTERPRETATION OF TERMS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless the context otherwise requires:
A. Singular/plural. Words used in the
				singular include the plural; words used in the plural include the
				singular;
B. Gender. Words used in
				the neuter gender include the masculine and the feminine. The personal pronoun
				in either gender may be used in these rules to refer to any person, firm or
				corporation.
C.
				Permissive/mandatory. May is permissive; shall and must are
				mandatory.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 1 - GENERAL PROVISIONS › Section 13.21.1.12 - USE OF PRESCRIBED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
The TPA may prescribe forms to carry out certain requirements
				  of Chapter 21 of these rules. Prescribed forms must be used when a form exists
				  for the purpose, unless these rules state otherwise or the TPA waives this
				  requirement. The TPA shall accept filings made on photocopies of prescribed
				  forms, provided they are legible.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 1 - GENERAL PROVISIONS › Section 13.21.1.14 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of Chapter 21 of these rules, or the
				  application or enforcement thereof, is held invalid, such invalidity shall not
				  affect other provisions or applications of Chapter 21 these rules which can be
				  given effect without the invalid provisions or applications, and to this end
				  the several provisions of Chapter 21 of these rules are hereby declared
				  severable.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rules in this part govern the qualification and admission
				  of health care providers to the Patient's Compensation Fund (the
				  fund).
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The rules in this part are intended to ensure that health
				  care providers are qualified for and admitted to the fund on a financially and
				  actuarially sound basis.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule adopts the definitions found in Section
				  41-5-3
				  NMSA 1978, in Section
				  14-4-2
				  NMSA 1978, in Chapter 59A, Article 1 NMSA 1978, in
				  1.24.1.7 NMAC, and in
				  13.21.1.7
				  NMAC.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.8 - BASIC QUALIFICATIONS FOR ADMISSION TO THE FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. To be eligible for admission to the fund,
				a person shall:
(1) be a health care provider,
				as defined by the MMA or by these rules, who is engaged in the provision of
				health care services within the state of New Mexico, and is not organized
				solely or primarily for the purpose of qualifying for admission to the
				fund;
(2) demonstrate and maintain,
				to the satisfaction of and in the manner specified by the superintendent and in
				accordance with the standards prescribed by these rules, or as otherwise
				provided by law, financial responsibility for, and with respect to, malpractice
				or professional liability claims asserted against the person or
				institution;
(3) apply for
				admission pursuant to these rules; and
(4) pay the applicable surcharges and
				assessments to the fund.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.9 - FINANCIAL RESPONSIBILITY - INSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. To establish and maintain financial
				responsibility using insurance, the health care provider, or authorized
				representative of the health care provider, shall submit proof that the health
				care provider is or will be insured under a policy of malpractice liability
				insurance with indemnity limits of $250,000 per occurrence.
B. To be acceptable as evidence of
				malpractice liability insurance, an insurance policy:
(1) shall be issued by an insurer licensed
				and admitted in New Mexico by the superintendent or by a licensed risk
				retention group;
(2) shall, except
				for a hospital or outpatient health care facility, be on an occurrence coverage
				form approved by the superintendent;
(3) if on a claims made form issued to a
				hospital or outpatient health care facility, shall be on a claims made form
				approved by the superintendent and must include an extended reporting
				endorsement or equivalent tail to maintain indefinite coverage;
(4) shall provide for the insurer's
				assumption of the defense of any covered claim, without limitation on the
				insurer's maximum obligation respecting the cost of defense;
(5) shall, for an independent provider,
				provide coverage for not more than three separate occurrences; and
(6) shall be nonassessable.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.11 - ADDITIONAL QUALIFICATIONS FOR HOSPITALS AND OUTPATIENT HEALTH CARE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				superintendent shall perform a risk assessment for each applicant hospital or
				outpatient health care facility. If the hospital or outpatient care facility
				will establish and maintain financial responsibility with medical malpractice
				liability insurance, the superintendent may consider as the risk assessment the
				information and documents that the applicant submitted to its insurer, all of
				which shall be provided to the superintendent by, or on behalf of, the
				applicant, along with all other information that the superintendent has or
				requests of the applicant. If the hospital or outpatient care facility will be
				self-insured, the risk assessment shall be based on information requested by
				the superintendent upon forms prescribed and supplied by the superintendent.
				The superintendent may request and consider any additional information
				pertinent to a risk assessment.
B.
				The superintendent shall arrange for an actuarial study before determining base
				coverage or deposit and surcharges. If the data available for a hospital or
				outpatient health care facility is insufficient for actuarial analysis, due to
				sample size or similar inadequacies, the actuarial study may aggregate data
				among similar hospitals or outpatient health care facilities to achieve
				actuarial significance.
C. Based on
				the risk assessment and actuarial study the superintendent shall determine each
				hospital's or outpatient health care facility's base coverage and coverage
				terms, or, if self-insured, the required deposit, pursuant to the procedures of
				this section.
D. The risk
				assessment and actuarial study for each hospital or outpatient health care
				facility shall be required when the hospital or outpatient health care facility
				applies the first time for admission to the fund, and may be required at any
				other time the superintendent deems it necessary or advisable.
E. A hospital or outpatient health care
				facility seeking admission to the fund must apply by April 1 of the year prior
				to their first admission to the fund.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.12 - CONFIDENTIAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
Information from any health care provider who seeks
				  qualification and admission to the fund shall be kept confidential pursuant to
				  the requirements of Paragraph D of Section
				  41-5-25
				  NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.13 - ADMISSION PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				application for admission to the fund shall be made to the third-party
				administrator through the patient's compensation fund website, which shall
				require the applicant to provide a legal name; professional license,
				certification, or registration number; information relating to the nature and
				scope of the applicant's practice sufficient to identify the class or category
				of the practitioner; information on malpractice claims previously concluded or
				then pending against the applicant; and such other information as the
				superintendent or the TPA may require.
B. The application shall be accompanied by
				evidence of financial responsibility in the form prescribed by these rules and
				the applicable surcharge as determined by the superintendent with the advice of
				the advisory board.
C. The advisory
				board will provide advice to the superintendent and carry out its additional
				obligations as set forth in Paragraph E of Section 41-5-25.1 NMSA
				1978.
D. If the third-party
				administrator determines that an applicant does not meet the qualifications for
				admission to the fund set forth in the MMA and these rules, the third-party
				administrator shall issue a notice to that effect and notify the applicant
				within 15 days of receipt of the completed application. The applicant may
				within 15 days of receipt of the notice, appeal the determination to the
				superintendent by delivering a notice of appeal to the superintendent. The
				provisions of 13.21.4 NMAC shall apply to the appeal.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.14 - ORDER OF ADMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Periodically, after health care providers have been approved for admission into
				the fund, the TPA shall notify the superintendent, who shall issue an order of
				admission to the fund, which shall:
(1)
				identify the health care providers who have been admitted;
(2) state that the health care providers have
				qualified for admission to the fund pursuant to Section
				41-5-5
				NMSA 1978;
(3) specify the
				effective date and term of each admission; and
(4) for a hospital or outpatient health care
				facility for whom a base coverage or surcharge has been set, the amount of the
				base coverage or surcharge.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.15 - EXPIRATION OF ADMISSION AND RENEWAL OF ADMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Admission to the fund expires:
(1) as to a health care provider evidencing
				financial responsibility other than by self-insurance, on and as of:
(a) the effective date and time of
				termination or cancellation of the policy of the health care provider's
				malpractice liability coverage; or
(b) the last day of the applicable period for
				which the prior annual surcharge applied in the event that the annual surcharge
				for renewal coverage is not paid by the health care provider to the insurer on
				or before 30 days following the expiration of the prior admission
				period.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.16 - TERMINATION OF ADMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				health care provider's admission to the fund shall terminate:
(1) as to a health care provider evidencing
				financial responsibility by proof of insurance pursuant to these rules, on and
				as of the effective date of cancellation of the health care provider's
				insurance coverage;
(2) as to a
				self-insured health care provider on and as of any date on which:
(a) the health care provider ceases to
				maintain financial responsibility in the amount and form prescribed by these
				rules; or
(b) the health care
				provider fails, within the allowed time after notice by the TPA, to provide
				additional security for financial responsibility when existing financial
				responsibility security is impaired as provided in these rules.
(3) on any date that the health
				care provider's professional or institutional license, certification, or
				registration is suspended or revoked or that the health care provider ceases to
				be a health care provider as defined by the MMA or these rules or otherwise
				ceases to be eligible for admission to the fund.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.17 - PATIENT'S COMPENSATION FUND ACTUARY

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance with the provisions of law
				applicable to contracting for personal, professional, or consulting services,
				the superintendent, in consultation with the advisory board, may employ or hire
				one or more qualified and competent actuaries to advise and consult the
				superintendent, the advisory board, and the TPA on all aspects of the
				administration, operation, and defense of the fund which require application of
				actuarial science.
B. An actuary
				may be asked to evaluate or recommend:
(1) the
				claims experience data required for risk assessments;
(2) the establishment, maintenance, and
				adjustment of reserves on individual claims against the fund and the
				establishment, maintenance, and adjustment of reserves for incurred but not
				reported claims;
(3) surcharges,
				rated and classified according to the classes or risks against which the fund
				provides compensation, that shall reasonably ensure that the fund is
				sufficiently funded so as to be and remain financially and actuarially capable
				of providing the compensation for which it is organized;
(4) each hospital's or outpatient health care
				facility's base coverage and coverage terms upon initial admission into the
				fund, and whether additional charges need to be made for initial admission to
				the fund; and
(5) any other
				actuarial questions affecting the administration, operation, and defense of the
				fund.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.18 - ANNUAL ACTUARIAL STUDY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Annually, as required by Section
				41-5-25
				NMSA 1978, the superintendent shall cause an independent actuary to perform an
				actuarial study of the fund, and of the surcharges necessary and appropriate to
				ensure that it is and remains financially and actuarially sound.
B. In the performance of the actuarial study,
				the independent actuary shall employ sound actuarial principles.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.19 - SURCHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. For a health
				care provider other than a hospital or outpatient care facility, the
				superintendent, with the advice of the advisory board, shall determine
				surcharges based on classifications and categories of medical malpractice
				liability risks underwritten by the fund with respect to practice type or
				specialties as determined and specified in the annual actuarial study pursuant
				to this rule.
B. For a hospital or
				outpatient care facility, the superintendent, with the advice of the advisory
				board, shall determine surcharges based on the annual actuarial study using the
				information specified in Paragraph D of Section
				41-5-25
				NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.20 - PAYMENT OF SURCHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				insured health care provider must pay the applicable surcharge to the medical
				malpractice liability insurer within 30 days of the inception of coverage, and
				within 30 days of the inception of each period of renewal coverage.
B. A self-insured health care provider must
				pay the applicable surcharge within 30 days of the requested date for admission
				into the fund, and within 30 days of the inception of each renewal
				period.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 2 - QUALIFICATIONS AND ADMISSIONS › Section 13.21.2.21 - ADMISSION DATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A health care
				provider who applied for admission to the fund prior to the effective date of
				these rules, and who was approved for admission prior to the effective date of
				these rules, shall be admitted to the fund as of the date of the prior
				application.
B. A health care
				provider whose first application for admission to the fund is made after the
				effective date of these rules, and who is approved for admission pursuant to
				these rules, will be admitted to the fund as of the date of initial
				application.
C. Under Sections A
				and B of this section, the admission date for an insured health care provider
				who applies to participate in the fund, and who pays all applicable surcharges
				to the fund, within 60 days of the inception of the base coverage, shall relate
				back to the inception date of the base coverage.
D. The admission of all health care providers
				in the fund as of December 31, 2021 shall expire at the end of December 31,
				2021. The admission of any health care provider renewed or admitted to the fund
				on or after January 1, 2022 shall expire at the end of December 31 of the year
				of renewal or admission.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all proceedings relating to the
				  Patient's Compensation Fund (the fund) in which the superintendent adopts rules
				  as required by law.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 30, 2019, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide procedural rules for public rule hearings for use
				  by the superintendent consistent with the State Rules Act in the organization,
				  administration, and defense of the fund and to facilitate public engagement
				  with the superintendent's rulemaking process in a transparent, organized, and
				  fair manner.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule adopts the definitions found in Section
				  41-5-3
				  NMSA 1978, in Section
				  14-4-2
				  NMSA 1978, in Chapter 59A, Article 1 NMSA 1978, in
				  1.24.1.7 NMAC, and in
				  13.21.1.7
				  NMAC. In addition:
A.
"Final
				order"
also means "concise explanatory statement" as described in
				Section
				14-4-5.5
				NMSA 1978;
B.
"Logical
				outgrowth"
occurs when a final rule differs from the proposed rule if
				interested parties should have anticipated that the change was possible, and
				thus reasonably should have filed their comments on the subject during the
				notice-and-comment period;
C.
"Recommended decision"
means the written decision of any
				designated hearing officer which contains a description of the rulemaking
				proceeding, a summary of any written comments submitted to the superintendent,
				a summary of any oral comments made at the public hearing, any analysis or
				conclusions of the designated hearing officer, and recommendations to the
				superintendent concerning adoption, rejection, or amendment of the proposed
				rule.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.8 - INITIATION OF THE RULEMAKING PROCESS BY THE SUPERINTENDENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The rulemaking process may be initiated by
				the superintendent through a notice for a rule hearing that is publicly posted
				pursuant to this rule.
B. The
				superintendent shall proceed with the rulemaking process by posting public
				notice, publishing the proposed rule for comment, and setting a public rule
				hearing in accordance with the State Rules Act and any other applicable
				law.
C. Once the superintendent
				initiates the rulemaking process, the superintendent must maintain a record as
				prescribed in Section
				14-4-5.4
				NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.9 - INITIATION OF THE RULEMAKING PROCESS BY THE PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may file a petition for
				rulemaking with the superintendent.
B. A petition for rulemaking shall be made in
				writing and include an explanation of the purpose or statement of reasons for
				the proposed rule. A petition shall include a citation to the legal authority
				authorizing the superintendent to adopt the rule and a copy of or citation to
				technical information, if any, that serves as the basis for the proposed rule.
				A petition should be as clear as possible and may include the proposed rule in
				underline and strikethrough format, consistent with requirements of the state
				records administrator.
C. The
				superintendent shall, if required by law, consider the petition and make a
				determination within 30 calendar days whether to grant or deny the petition. If
				the superintendent denies the petition, the superintendent shall issue a final
				order explaining the reason for denial. No affirmative duty to respond to a
				public petition is created by these rules. If a public right to petition the
				superintendent exists under the MMA, the superintendent must follow all
				timelines or responses governed by the MMA.
D. Once the superintendent initiates the
				rulemaking process, the superintendent must maintain a record as prescribed in
				Section
				14-4-5.4
				NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.10 - RULEMAKING NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
The superintendent shall provide to the public, as defined in
				  Section
				  14-4-2
				  NMSA 1978, notice of the proposed rulemaking a minimum of 30 calendar days
				  prior to the public rule hearing and in accordance with requirements of Section
				  14-4-5.2
				  NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 3 - PROCEDURAL RULES FOR PUBLIC RULE HEARINGS › Section 13.21.3.11 - WRITTEN COMMENT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				public comment period must be at least 30 calendar days, beginning after
				publication of the notice in the New Mexico register and issuance of the
				rulemaking notice. The superintendent shall not adopt a proposed rule before
				the end of the public comment period.
B. As long as the public comment period is at
				least 30 calendar days, the public comment period will close for initial
				comments at 4:00 p.m. on the day of the public hearing, or on the last day of
				the public hearing if the public hearing extends for more than one day. For
				purposes only of responses to written comments or oral comments at the public
				hearing, the public comment period will extend at least 10 calendar days beyond
				the public hearing or close of the 30 day comment period, whichever is later,
				unless the necessity of adopting or publishing the rule by a certain date makes
				the extension of the public comment period impractical.
C. A person may submit, by mail or in
				electronic form, written comments or responses to comments on a proposed rule,
				and those comments or responses shall be made part of the record. Written
				comments may be submitted through the end of the public comment period, and
				responses to comments may be submitted for an additional 10 days, unless the
				necessity of adopting or publishing the rule by a certain date makes a response
				period impractical.
D. The
				superintendent may decide to amend the comment period, or response period, if
				the superintendent provides to the public, as defined in Section
				14-4-2
				NMSA 1978, notice of the changes.
E. The superintendent shall post all written
				comments and responses on the patient's compensation fund website, as soon as
				practicable, and no more than three business days following receipt to allow
				for public review. All written comments and responses received by the
				superintendent shall also be available for public inspection at the main office
				of the superintendent.