New Mexico Statutes 15-7-3. Additional powers and duties of the risk management division
A. The risk management division of the general services department may: (1) enter into contracts;
Terms Used In New Mexico Statutes 15-7-3
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(2) procure insurance, reinsurance or employee group benefits; provided that any proposal or contract for the procurement of any group health care benefits shall be subject to the provisions of the Health Care Purchasing Act [N.M. Stat. Ann. Chapter 13, Article 7]; and provided further that reinsurance or excess coverage insurance may be placed by private negotiation, notwithstanding the provisions of the Procurement Code N.M. Stat. Ann. § 13-1-28 to 13-1-199, if the insurance or reinsurance has a restricted number of interested carriers, the board determines that the coverage is in the interest of the state and cannot otherwise be procured for a reasonable cost and the director seeks the advice and review of the board in the placement and in designing private negotiation procedures;
(3) in the manner prescribed by Subsection E of Section 9-17-5 N.M. Stat. Ann., after a notice and a public hearing, prescribe by rule reasonable and objective underwriting and safety standards for governmental entities and reasonable standards for municipal self-insurance pooling agreements covering liability under the Tort Claims Act N.M. Stat. Ann. § 41-4-1 to 41-4-27 and adopt such other regulations as may be deemed necessary;
(4) compromise, adjust, settle and pay claims; (5) pay expenses and costs;
(6) in the manner prescribed by Subsection E of Section 9-17-5 N.M. Stat. Ann., prescribe by rule the rating bases, assessments, penalties and risks to be covered by the public liability fund, the workers’ compensation retention fund and the public property reserve fund and the extent such risks are to be covered;
(7) issue certificates of coverage in accordance with Paragraph (6) of this subsection:
(a) to any governmental entity for any tort liability risk covered by the public liability fund;
(b) to any governmental entity for any personal injury liability risk or for the defense of any errors or act or omission or neglect or breach of duty, including the risks set forth in Paragraph (2) of Subsection B and Paragraph (2) of Subsection D of section 41-4-4 N.M. Stat. Ann.; and
(c) to any governmental entity for any part of risk covered by the workers’ compensation retention fund, the surety bond fund or the public property reserve fund;
(8) study the risks of all governmental entities;
(9) initiate the establishment of safety programs and adopt rules to carry out such programs in the manner prescribed by Subsection E of Section 9-17-5 N.M. Stat. Ann.;
(10) hire a safety program director who shall coordinate all safety programs of all state agencies;
(11) consult with and advise local public bodies on their risk management problems; and
(12) employ full-time legal counsel who shall be under the exclusive control and supervision of the director and the secretary of general services.
B. The risk management division of the general services department shall provide liability coverage for the following risks:
(1) a claim made pursuant to the provisions of 42 USC Section 1983 against a nonprofit corporation, members of its board of directors or its employees when the claim is based upon action taken pursuant to the provisions of a contract between the corporation and the department of health under which the corporation provides developmental or intellectual disability services to clients of the department and the claim is made by or on behalf of a client; and
(2) a claim made pursuant to the provisions of 42 USC Section 1983 against a nonprofit corporation, members of its board of directors or its employees when the corporation operates a facility licensed by the department of health as an intermediate care facility for individuals with developmental or intellectual disabilities and the claim is based upon action taken pursuant to the provisions of the license and is made by or on behalf of a resident of the licensed facility.
C. The director shall report findings and recommendations, if any, for the consideration of each legislature. The report shall include the amount and name of any person receiving payment from the public liability fund of any claim paid during the previous fiscal year exceeding one thousand dollars ($1,000). The report shall be made available to the legislature on or before December 15 preceding each regular legislative session.