Office of Superintendent of Insurance (“OSI”).

13.19.4.2. SCOPE:

1. A. Applicability. These rules apply to any group establishing or maintaining a multiple employer welfare arrangement (“MEWA”) providing health benefits in accordance with Section 59A-15-16 NMSA 1978 for its participants or their beneficiaries. An unregistered MEWA shall not:

   1. (1) advertise in the state as a benefit of membership for any group health insurance policy available to its members or beneficiaries;
   2. (2) issue a certificate for delivery in New Mexico to any resident of the state; or
   3. (3) solicit membership in the state on the basis of the existence or availability of such health insurance coverage.

2. B. Exclusions. Notwithstanding Subsection A of this section, these rules do not apply to any multiple employer welfare arrangement that:

   1. (1) establishes or maintains a multiple employer welfare arrangement plan pursuant to one or more agreements that the United States secretary of labor finds to be a collective bargaining agreement;
   2. (2) is a rural electric cooperative or a rural telephone cooperative association as those terms are defined in ERISA; or
   3. (3) has satisfactorily demonstrated to the superintendent that it is subject to the jurisdiction of another agency of this state or the federal government in accordance with Section 59A-15-17 NMSA 1978.

[13.19.4.1 NMAC – N, 2/25/2020]

[13.19.4.2 NMAC – N, 2/25/2020]