A. The superintendent shall adopt and promulgate rules to establish specific standards:
- (1) that set the manner, content and required disclosure for the sale of short-term plans and excepted benefits plans, including standards for full and fair disclosure; and
(2) for the sale of short-term plans and excepted benefits plans, which standards shall include standards relating to:
- (a) terms of renewability or extension of coverage;
- (b) initial and subsequent conditions of eligibility;
- (c) nonduplication of coverage provisions;
- (d) coverage of dependents;
- (e) preexisting conditions;
- (f) termination of insurance;
- (g) probationary periods;
- (h) limitations;
- (i) exceptions;
- (j) reductions and exclusions;
- (k) elimination periods;
- (l) requirements for replacement by the health insurance carrier;
- (m) recurrent conditions;
- (n) the definition of terms to describe the specific types of coverage sold pursuant to the Short-Term Health Plan and Excepted Benefit Act and specific standards and policy provisions required of these plans;
- (o) benefit duration;
- (p) scope of coverage;
- (q) advertising and marketing;
- (r) sales practices;
- (s) mandatory disclosures;
- (t) coverage suitability; and
- (u) policy and certificate approval.
- B. All advertisements, marketing materials and application and policy forms relating to short-term plans shall prominently display a notice that the coverage is unavailable to any potential insured who has been covered under a short-term plan in the previous twelve-month period.
History: Laws 2019, ch. 235, § 3.
ANNOTATIONS
Effective dates. — Laws 2019, ch. 235 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.