The provisions of the Insurance Code [Chapter 59A NMSA 1978] other than Chapter 59A, Article 47 NMSA 1978 shall not apply to health care plans 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 care plans, their promoters, sponsors, directors, officers, employees, agents, solicitors and other representatives; and, for the purposes of such applicability, a health care plan may therein be referred to as an "insurer":

1. A. Chapter 59A, Article 1 NMSA 1978;
2. B. Chapter 59A, Article 2 NMSA 1978;
3. C. Chapter 59A, Article 4 NMSA 1978;
4. D. Subsection C of Section 59A-5-22 NMSA 1978;
5. E. Sections 59A-6-2 through 59A-6-4 and 59A-6-6 NMSA 1978;
6. F. Section 59A-7-11 NMSA 1978 [repealed];
7. G. Chapter 59A, Article 8 NMSA 1978;
8. H. Chapter 59A, Article 10 NMSA 1978;
9. I. Section 59A-12-22 NMSA 1978;
10. J. Chapter 59A, Article 16 NMSA 1978;
11. K. Chapter 59A, Article 18 NMSA 1978;
12. L. Chapter 59A, Article 19 NMSA 1978;
13. M. Subsections B through E of Section 59A-22-5 NMSA 1978;
14. N. Section 59A-22-14 NMSA 1978;
15. O. Section 59A-22-34.1 NMSA 1978;
16. P. Section 59A-22-39 NMSA 1978;
17. Q. Section 59A-22-40 NMSA 1978;
18. R. Section 59A-22-40.1 NMSA 1978;
19. S. Section 59A-22-41 NMSA 1978;
20. T. Section 59A-22-42 NMSA 1978;
21. U. Section 59A-22-43 NMSA 1978;
22. V. Section 59A-22-44 NMSA 1978;
23. W. Section 59A-22-50 NMSA 1978;
24. X. Sections 59A-34-7 through 59A-34-13, 59A-34-17, 59A-34-23, 59A-34-33, 59A-34-40 through 59A-34-42 and 59A-34-44 through 59A-34-46 NMSA 1978;
25. Y. the Insurance Holding Company Law Chapter 59A, Article 37 NMSA 1978, except Section 59A-37-7 NMSA 1978;
26. Z. Section 59A-46-15 NMSA 1978 [repealed];
27. AA. the Patient Protection Act [Chapter 59A, Article 57 NMSA 1978]; and
28. BB. the Surprise Billing Protection Act [59A-57A-1 to 59A-57A-13 NMSA 1978].

History: Laws 1984, ch. 127, § 879.32; 1988, ch. 89, § 5; 1990, ch. 5, § 4; 1992, ch. 56, § 4; 1993, ch. 320, § 103; 1994, ch. 64, § 10; 1994, ch. 75, § 34; 1997, ch. 7, § 4; 1997, ch. 248, § 3; 1997, ch. 255, § 4; 1998, ch. 107, § 14; 1999, ch. 289, § 36; 2001, ch. 14, § 4; 2001, ch. 297, § 6; 2003, ch. 337, § 5; 2007, ch. 278, § 4; 2009, ch. 212, § 5; 2021, ch. 108, § 29.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2024, ch. 36, § 11 repealed 59A-46-15 NMSA 1978, effective January 1, 2025.

The 2021 amendment, effective July 1, 2021, revised the list of articles and provisions of the Insurance Code that also apply to health care plans; in Subsection L, deleted "the Policy Language Simplification Law" and added "Chapter 59A, Article 19 NMSA 1978"; added a new Subsection W and redesignated former Subsections W through Z as Subsections X through AA, respectively; and added Subsection BB.

The 2009 amendment, effective June 19 , 2009, added Subsection U.

The 2007 amendment, effective June 15, 2007, added Subsection R.

The 2003 amendment, effective June 20, 2003, deleted the references to Chapter 59A, Article 19, Section 59A-22-2.1, and Chapter 59A, Article 37 being former Subsections L, M and U; inserted present Subsections L, S and T redesignated the subsequent subsections accordingly; and inserted "The Insurance Holding Company Law" in Subsection V.

The 2001 amendment, effective June 15, 2001, added a new Subsection K; redesignated former Subsections K and L, as Subsections L and M; substituted "the Policy Language Simplification Law" for "Chapter 59A, Article 19 NMSA 1978"; deleted former Subsection M, which listed Section 59A-22-2.1; and in Subsection U, substituted "the Insurance Holding Company Law" for "Chapter 59A, Article 37 NMSA 1978".

The 1999 amendment, effective June 18, 1999, added Subsection M and redesignated the following subsections accordingly, and in Subsection T, deleted "59A-34-9" and inserted "59A-34-7", "59A-34-17", and "59A-34-33, 59A-34-40 through 59A-34-42 and 59A-34-44 through 59A-34-46".

The 1998 amendment, effective July 1, 1998, added Subsection N, redesignated the following subsections accordingly, added Subsection V, and made a minor stylistic change in the section.

The 1997 amendment, effective January 1, 1998, added Subsection Q and redesignated former Subsections Q through S as Subsections R through T.

The 1994 amendment, effective January 1, 1995, inserted a new Subsection M and redesignated former Subsections M to R as Subsections N to S.

The 1993 amendment, effective June 18, 1993, rewrote the introductory language; substituted references to "section" for references to "chapter" in Subsections N and O; deleted "and" at the end of Subsection N; and added Subsections P through R.

The 1992 amendment, effective May 20, 1992, added Subsection O.