N.M. Code R. § 13.4.5.22 – Responsibilities of the Insurer

A. If an insurer utilizes the services of an administrator, the insurer shall be responsible for determining the benefits, premium rates, underwriting criteria and claims payment procedures applicable to such coverage and for securing reinsurance, if any. The rules pertaining to these matters must be provided, in writing, by the insurer to the administrator. The responsibilities of the administrator as to any of these matters shall be set forth in the written agreement between the administrator and the insurer.
B. It is the ultimate responsibility of the insurer to provide for competent administration of its programs.
C. In cases where an administrator administers benefits for more than one hundred (100) certificate holders on behalf of an insurer, the insurer shall maintain for a minimum of at least three years any reviews conducted of the operations of the administrator, and shall produce the records pertaining to the review at the request of the superintendent.
[2/1/92; Recompiled 11/30/01]
HISTORY OF 13.4.5 NMAC:
Pre-NMAC History: The material in this rule was previously filed with the State Records Center as:
SCC 91-4-IN, A Regulation Relating to Insurance Administration (Regulation 12A, Rule 1), filed 12/30/91.
History of Repealed Material: [RESERVED]