1. A. The provisions of the Insurance Code [Chapter 59A NMSA 1978] other than Chapter 59A, Article 46 NMSA 1978 shall not apply to health maintenance organizations except as expressly provided in the Insurance Code and that article. To the extent reasonable and not inconsistent with the provisions of that article, the following articles and provisions of the Insurance Code shall also apply to health maintenance organizations and their promoters, sponsors, directors, officers, employees, agents, solicitors and other representatives. For the purposes of such applicability, a health maintenance organization may therein be referred to as an "insurer":

   1. (1) Chapter 59A, Article 1 NMSA 1978;
   2. (2) Chapter 59A, Article 2 NMSA 1978;
   3. (3) Chapter 59A, Article 4 NMSA 1978;
   4. (4) Subsection C of Section 59A-5-22 NMSA 1978;
   5. (5) Sections 59A-6-2 through 59A-6-4 and 59A-6-6 NMSA 1978;
   6. (6) Chapter 59A, Article 8 NMSA 1978;
   7. (7) Chapter 59A, Article 10 NMSA 1978;
   8. (8) Chapter 59A, Article 16 NMSA 1978;
   9. (9) the Domestic Abuse Insurance Protection Act [59A-16B-1 to 59A-16B-10 NMSA 1978];
   10. (10) the Insurance Fraud Act [Chapter 59A, Article 16C NMSA 1978];
   11. (11) Chapter 59A, Article 18 NMSA 1978;
   12. (12) the Policy Language Simplification Law [59A-19-1 to 59A-19-7 NMSA 1978];
   13. (13) Section 59A-22-14 NMSA 1978;
   14. (14) the Health Insurance Portability Act [Chapter 59A, Article 23E NMSA 1978];
   15. (15) Sections 59A-34-2, 59A-34-7 through 59A-34-13, 59A-34-17, 59A-34-23, 59A-34-33, 59A-34-36, 59A-34-37, 59A-34-40 through 59A-34-42 and 59A-34-44 through 59A-34-46 NMSA 1978;
   16. (16) the Insurance Holding Company Law [Chapter 59A, Article 37 NMSA 1978];
   17. (17) the Patient Protection Act [Chapter 59A, Article 57 NMSA 1978]; and
   18. (18) the Surprise Billing Protection Act [59A-57A-1 to 59A-57A-13 NMSA 1978].
2. B. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed as violating any provision of law relating to solicitation or advertising by health professionals, but health professionals shall be individually subject to the laws, rules and ethical provisions governing their individual professions.
3. C. Any health maintenance organization authorized under the provisions of the Health Maintenance Organization Law shall not be deemed to be practicing medicine and shall be exempt from the provisions of laws relating to the practice of medicine.

History: 1978 Comp., § 59A-46-30, enacted by Laws 1993, ch. 266, § 29; 1997, ch. 248, § 2; 1998, ch. 107, § 13; 1999, ch. 289, § 34; 2001, ch. 297, § 5; 2009, ch. 212, § 4; 2021, ch. 108, § 26.

ANNOTATIONS

Recompilations. — Laws 1993, ch. 266, § 31, recompiled former 59A-46-30 NMSA 1978, as enacted by Laws 1984, ch. 127, § 876.1, relating to continuation of coverage and conversion rights, as 59A-46-32 NMSA 1978, effective January 1, 1994.

The 2021 amendment, effective July 1, 2021, revised the list of articles and provisions of the Insurance Code that also apply to health maintenance organizations; and in Subsection A, deleted Paragraph A(8) and redesignated former Paragraph A(9) as Paragraph A(8), added new Paragraphs A(9) and A(10) and redesignated former Paragraphs A(10) through A(12) as Paragraphs A(11) through A(13), respectively, deleted former Paragraphs A(13) through A(15), added new Paragraph A(14) and redesignated former Paragraphs A(16) through A(18) as Paragraphs A(15) through A(17), respectively, and added a new Paragraph A(18).

The 2009 amendment, effective June 19, 2009, added Paragraph (14) of Subsection A.

The 2001 amendment, effective June 15, 2001, in Subsection A, substituted "Policy Language Supplication Act" for "Chapter 59A, Article 19 NMSA 1978" in Pargraph (11), deleted former Paragraph and (12), which listed Section 59A-22-2.1, redesignated former Paragraph (13) as (12), inserted current Paragraph (13), substituted "the Minimum Healthcare Protection Act" for "Chapter 59A, Article 23B NMSA 1978" in Paragraph (14), and substituted "The Insurance Holding Company Law" for "Chapter 59A, Article 37 NMSA 1978" in Paragraph (16).

The 1999 amendment, effective June 18, 1999, in Subsection A deleted Paragraph (3) which read "Chapter 59A, Article 3 NMSA 1978", added Paragraph (12), and redesignated the remaining paragraphs accordingly, and in Paragraph (15) deleted "59A-34-9" and inserted "59A-34-2, 59A-34-7", "59A-34-33", and "59A-34-40 through 59A-34-42 and 59A-34-44 through 59A-34-46".

The 1998 amendment, effective July 1, 1998, added Paragraph A(13), redesignated the following paragraphs accordingly, and added Paragraph A(17).

The 1997 amendment, effective June 20, 1997, made a stylistic change in the second sentence in Subsection A and inserted "59A-34-17" in Paragraph A(14).