A. An insurance policy, health care plan or annuity contract shall not be delivered or issued for delivery in this state, nor shall an assumption certificate, endorsement, rider or application that becomes a part of a policy or health care plan be used, until a copy of the form and the classification of risks pertaining to the policy or health care plan has been filed with the superintendent. Except for a filing for health insurance or health care plan rates, a filing shall be made at least sixty days before its proposed effective date. A filing made pursuant to this section shall not become effective nor shall it be used until approved by the superintendent pursuant to Section 59A-18-14 NMSA 1978, at which time it may be used. A filing related to health insurance or health care plan or rates shall be subject to the provisions of Section 5 [59A-18-13 NMSA 1978] of this 2011 act. A filing for any kind of insurance other than life insurance, health care plans or health insurance, as defined in the Insurance Rate Regulation Law, shall be deemed to meet the requirements of Chapter 59A, Article 18 NMSA 1978 to become effective unless disapproved pursuant to Section 59A-18-14 NMSA 1978 by the superintendent before the expiration of the waiting period or an extension of the waiting period; provided, that:

(1) this subsection shall not apply as to policies, contracts, endorsements or riders of unique and special character not for general use or offering but designed and used solely as to a particular insured or risk;

(2) if the superintendent has exempted a person or a class of persons or a market segment from a part or all of the provisions of the Insurance Rate Regulation Law pursuant to Subsection C of Section 59A-17-2 NMSA 1978, the superintendent also may exempt by rule that person, class of persons or market segment from a part or all of the provisions of this subsection;

(3) an insurer subject to the Insurance Rate Regulation Law may authorize an advisory organization to file policy forms, endorsements and other contract language and related attachment rules on its behalf. Reference filings shall be made prior to their use or by other methods the superintendent may allow by rule; and

(4) the superintendent may, by rule, exempt various lines and kinds of commercial insurance, as defined in the Insurance Rate Regulation Law, from some or all of the requirements of this subsection.

B. A workers' compensation insurance policy covering a risk arising from the employment of a worker performing work for an employer in New Mexico when that employer is not domiciled in New Mexico shall not be issued or become effective, nor shall any endorsement or rider covering such a risk be issued or become effective, until a copy of the form and the classification of risks pertaining thereto have been filed with the superintendent.

C. An insured, a beneficiary or, in the public interest of the state, the attorney general, may in writing request the insurer to review the manner in which its filing has been applied as to insurance or health care plan afforded the insured, the beneficiary, or the attorney general. If the insurer fails to make a review and grant appropriate relief within thirty days after the request is received, the insured, the beneficiary or the attorney general may file a written complaint and request for a hearing with the superintendent stating grounds relied upon. If the complaint charges a violation of the Insurance Code and the superintendent finds that the complaint was made in good faith and that the insured, the beneficiary or the attorney general would be aggrieved if the violation is proved, the superintendent shall hold a hearing, with notice to the insured, the beneficiary or the attorney general and insurer stating the grounds of complaint. If upon the hearing the superintendent finds the complaint justified, the superintendent shall order the insurer to correct the matter complained of within a reasonable time specified but not less than twenty days after a copy of the order was mailed to or served upon the insurer.

D. All filings submitted pursuant to this section shall be filed electronically. The superintendent may designate an entity to receive the electronic filings submitted pursuant to this section.

E. As used in this section, "health insurance" or "health care plan" means a hospital and medical expense-incurred policy, plan or contract offered by a health insurer; nonprofit health service provider; health maintenance organization; managed care organization; or provider service organization; "health insurance" or "health care plan" does not include an individual policy intended to supplement major medical group-type coverage such as medicare supplement, long-term care, disability income, specified disease, accident-only, hospital indemnity or any other limited-benefit health insurance policy.

History: Laws 1984, ch. 127, § 342; 1987, ch. 244, § 9; 1988, ch. 119, § 4; 1993, ch. 320, § 57; 2002, ch. 64, § 1; 2003, ch. 202, § 11; 2007, ch. 367, § 36; 2009, ch. 182, § 2; 2011, ch. 144, § 2.

Cross references. — For existing forms and filings, see notes following 59A-5-21 NMSA 1978.

The 2011 amendment, effective January 1, 2012, added healthcare plans to the list of contracts that must be filed with the superintendent; provided that a filing for health insurance or health care plan rates is subject to the requirements of Section 5 of this act; permitted a beneficiary and the attorney general to request reviews and hearings on the manner in which a filing has been applied to insurance and health plans; and added a definition of "health insurance" or "health care plan".

The 2009 amendment, effective June 19, 2009, added Subsection D.

The 2007 amendment, effective July 1, 2007, provided that a filing, except for life or health insurance, meets the requirements of Chapter 59A, Article 18 NMSA 1978 to become effective unless disapproved by the superintendent prior to expiration of the waiting period or an extension of the waiting period and adds new Paragraphs (3) and (4) of Subsection A.

The 2003 amendment, effective June 20, 2003, in Subsection A, substituted "An" for "No" at the beginning, substituted "A" for "No" at the beginning of the third sentence, inserted "not" following "this section shall", inserted "at which time it may be used" following "Section 59A-18-14 NMSA 1978"; substituted "a part" for "any" twice in Paragraph A(2); in Subsection B, substituted "A" for "No" at the beginning, inserted "not" following "New Mexico shall".

The 2002 amendment, effective March 4, 2002, rewrote the last sentence of Subsection A as a proviso, designating the existing provisions as Paragraph (1), and adding Paragraph (2).

The 1993 amendment, effective June 18, 1993, inserted "assumption certificate" preceding "endorsement" in the first sentence in Subsection A.

Effect of failure to file form. — An insured's rejection of uninsured motorist coverage was not a nullity because the application form with its rejection language and the declarations page were never submitted for approval under this section. Vigil v. Rio Grande Ins., 1997-NMCA-124, 124 N.M. 324, 950 P.2d 297.