1. A. A health care insurer or managed health care plan shall not use a deceptive name.

2. B. A name will be considered deceptive if it unreasonably suggests:

   (1) the quality of care provided by the health care insurer or managed health care plan;

   (2) that full benefits are provided for health care or a specialized area of health care;

   (3) that the cost of benefits to enrollees of the MHCP is lower than the cost of similar benefits purchased elsewhere; and

   (4) in any such case where the express or implied representation contained in the name is demonstrably untrue or is not supported by substantial evidence at all times while such name is used by the health care insurer or MHCP.

3. C. Nothing in this section limits or restricts the superintendent from determining that a health care insurer or MHCP or solicitor firm name is deceptive for reasons other than those stated herein.
4. D. A change of a health maintenance organization plan name is a “substantial modification” of the HMO for purposes of Section 59A-46-3D NMSA 1978.

[13.10.23.12 NMAC - Rp, 13.10.13.23 NMAC, 09/01/2009]