A. No health care plan shall make health care expense payments unless and until it has obtained from the superintendent a certificate of authority to do business. Violation of this provision shall constitute a misdemeanor punishable upon conviction by a fine of not to exceed one thousand dollars ($1,000).

B. A newly formed health care plan's application for initial certificate of authority must be filed with the superintendent prior to expiration of one year from date of issuance of the preliminary permit referred to in Section 59A-47-6 NMSA 1978.

C. The application for certificate of authority shall be in the form prescribed and furnished by the superintendent consistent with Chapter 59A, Article 47 NMSA 1978, and be verified by two of the applicant's officers. The application shall include or be accompanied by such proof as the superintendent may reasonably require that the applicant is qualified for the certificate of authority under this article. At filing of the application the applicant shall pay to the superintendent the applicable filing fee as specified in Section 59A-6-1 NMSA 1978. The filing fee shall not be refundable.

D. No such certificate of authority shall be required for a health care plan formerly so authorized, to enable it to investigate and settle losses under its contracts lawfully written in New Mexico, or to liquidate assets and liabilities (other than collection of new premiums) resulting from its former authorized operations in this state. A health care plan not transacting new business in this state but continuing collection of premiums on and servicing contracts remaining in force as to residents of or risks located in this state, is transacting business in New Mexico for the purpose of premium tax requirements only and is not required to have a certificate of authority.

History: Laws 1984, ch. 127, § 879.6; 1999, ch. 133, § 4.

The 1999 amendment, effective June 18, 1999, subdivided former Subsection B into Subsections B and C; substituted "A newly formed" for "The" and "Section 59A-47-6 NMSA 1978" for "Section 879.4 of this article" in Subsection B; inserted "for certificate of authority", substituted "Chapter 59A, Article 47 NMSA 1978" for "this article", inserted "the" preceding "applicant's", and substituted "Section 59A-6-1 NMSA 1978" for "Section 101 (fee schedule) of the Insurance Code" in Subsection C, and redesignated former Subsection C as Subsection D.