New Mexico Statutes 59A-15-20. Multiple-employer welfare arrangements; regulations
A. The superintendent, after a public hearing, shall, no later than October 1, 2001, adopt reasonable rules and regulations governing any employee welfare benefit plan that is a multiple-employer welfare arrangement. The regulations at a minimum shall provide for:
Terms Used In New Mexico Statutes 59A-15-20
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(1) registration of all such plans and standards requiring the maintenance of specified levels of reserves;
(2) minimum solvency requirements;
(3) accounting standards and reporting requirements; (4) standards for appropriate investment of assets;
(5) standards for excess or stop-loss insurance coverage;
(6) specified levels of contributions that any such plan, or any trust established under such a plan, must meet;
(7) methods for equitable assessment of member employers for any funding shortfall; and
(8) standards for adequate governance.
B. The rules and regulations shall provide for compliance with the Patient Protection Act [N.M. Stat. Ann. Chapter 59A, Article 57] and provide standards for minimum benefits, including coverage of all benefits required of health insurance under other sections of the Insurance Code [N.M. Stat. Ann. Chapter 59A].
C. The rules and regulations shall provide that all employees or association members shall be eligible for participation in the plan.
D. Any standards for determining or assuring solvency shall not be applicable to plans that are fully insured by carriers authorized to transact insurance in New Mexico. If at any time a plan does not meet the standards established, the superintendent may take action pursuant to the Insurance Code.