A. A health insurance issuer when offering health insurance coverage to an employer or individual shall:
(1) make a reasonable disclosure to the small employer or individual as part of its solicitation and sales materials, of the availability of information described in Subsection B of this section; and
(2) upon request of the employer or individual provide the information described.
B. Except as provided in Subsection D of this section, a health insurance issuer offering a health plan to an employer or individual shall provide information pursuant to Subsection A of this section concerning:
(1) the provisions of coverage concerning the issuer's right to change premium rates and the factors that may affect changes in premium rates;
(2) the provisions of coverage relating to renewability of coverage; and
(3) the benefits and premiums available under all health insurance coverage for which the small employer is qualified.
C. Information furnished pursuant to this section shall be provided to employers or individuals in a manner determined to be understandable by the average employer or individual and shall be sufficient to reasonably inform employers or individuals of their rights and obligations under the health insurance coverage.
D. A health insurance issuer is not required by this section to disclose information that is proprietary and trade secret information.
History: Laws 1997, ch. 243, § 15; 1998, ch. 41, § 19; 2019, ch. 259, § 14.
The 2019 amendment, effective June 14, 2019, removed language regarding pre-existing condition exclusion; in the section heading, deleted "offering health insurance coverage to small employers"; and in Subsection B, deleted former Paragraph B(3) and redesignated former Paragraph B(4) as Paragraph B(3).
The 1998 amendment, effective March 6, 1998, inserted "; offering health insurance coverage to small employers" at the end of the section heading.
Structure New Mexico Statutes
Article 23E - Health Insurance Portability
Section 59A-23E-1 - Short title.
Section 59A-23E-2 - Definitions.
Section 59A-23E-3 - Limitation on preexisting condition exclusion period.
Section 59A-23E-9 - Group health plan; special enrollment periods for dependent beneficiaries.
Section 59A-23E-14 - Health insurance issuers; guaranteed availability of coverage.
Section 59A-23E-15 - Disclosure of information by health insurance issuers.
Section 59A-23E-19 - Individual health insurance coverage; guaranteed renewability; exceptions.
Section 59A-23E-20 - Certification of coverage by issuers in the individual market.