TERMINATION OF ALL MAJOR MEDICAL PLANS THAT ARE NON-COMPLIANT WITH THE AFFORDABLE CARE ACT (“ACA”) R

# STATE OF NEW MEXICO # OFFICE OF SUPERINTENDENT OF INSURANCE DEPUTY SUPERINTENDENT NH OFFICE OF SUPERINTENDENT OF INSURANCE Robert E. Doucette, Jr. 2019 APR -3 AM 8:55 FILED  NEW MEXICO OFFICE OF SUPERINTENDENT OF INSURANCE SUPERINTENDENT OF INSURANCE John G. Franchini DEPUTY SUPERINTENDENT Bryan E. Brock BULLETIN 2019-003 April 3, 2019 TO: EVERY ENTITY THAT PROVIDES INDIVIDUAL OR GROUP MAJOR MEDICAL HEALTH INSURANCE TO NEW MEXICO RESIDENTS. RE: TERMINATION OF ALL MAJOR MEDICAL PLANS THAT ARE NON-COMPLIANT WITH AFFORDABLE CARE ACT (“ACA”) REQUIREMENTS. THE FOLLOWING BULLETIN is issued pursuant to NMSA 1978, §§ 59A-2-8, 59A-2-10 and 59A-23E-1 et seq., and 13.1.2.1 to 13.1.2.10 NMAC. On May 20, 2014, the Superintendent issued a press release announcing that “non-ACA compliant individual and small group insurance plans will NOT be eligible for renewal beyond December 31, 2014.” That announcement further instructed that “[h]ealth plan cancellations will result in insured New Mexicans receiving a ‘special enrollment period. (SEP).’ Even when open enrollment in New Mexico Health Insurance Exchange (NMHIX) is closing, the SEP will allow those insureds to enroll either via the NMHIX or with commercial insurers offering ACA compliant plans in New Mexico.” (See Appendix A.) Despite that announcement, certain insurers continue to offer non-ACA compliant major medical plans to New Mexico residents. This bulletin re-affirms that non-ACA compliant plans may not be renewed, and that any person covered under any such policy or plan shall be transitioned to ACA compliant plans as of their 2019 renewal date. All such policyholders must be transitioned by January 1, 2020, which will provide policyholders with an opportunity to enroll during ACA open enrollment. If a plan’s renewal date is before January 1, 2020, then the subscribers’ loss of coverage will qualify the subscribers for a special enrollment period for an ACA compliant plan. (See 45 C.F.R § 155.420.) ant plans as of their 2019 renewal date. All such policyholders must be transitioned by January 1, 2020, which will provide policyholders with an opportunity to enroll during ACA open enrollment. If a plan’s renewal date is before January 1, 2020, then the subscribers’ loss of coverage will qualify the subscribers for a special enrollment period for an ACA compliant plan. (See 45 C.F.R § 155.420.) Main Office: 1120 Paseo de Peralta, Room 428, Santa Fe, NM 87501 Satellite Office: 6200 Uptown Blvd NE, Suite 100, Albuquerque, NM 87110 Main Phone: (505) 827-4601 | Satellite Phone: (505) 322-2186 | Toll Free: (855) 4 - ASK - OSI www.osi.state.nm.us BULLETIN 2019-003 Page | 2 Current individual and small group policyholders must be transitioned in compliance with the notice requirements, conditions and timelines set forth in NMSA 1978, § 59A-23E-1 et seq. The required notice from carriers shall include internet and telephone contact information for the New Mexico Health Exchange at bewellnm.com and consumer assistance at 1-833-862-3935. Questions regarding this Bulletin may be directed to the Life and Health Product Filing Bureau at 505-827-4601. DONE AND ORDERED this 3rd day of April 2019. JOHN G. FRANCHINI Superintendent of Insurance Main Office: 1120 Paseo de Peralta, Room 428, Santa Fe, NM 87501 Satellite Office: 6200 Uptown Blvd NE, Suite 100, Albuquerque, NM 87110 Main Phone: (505) 827-4601 | Satellite Phone: (505) 322-2186 | Toll Free: (855) 4 - ASK - OSI www.osi.state.nm.us APPENDIX A # OFFICE OF SUPERINTENDENT OF INSURANCE SUPERINTENDENT OF INSURANCE John G. Franchini - (505) 827-4299  P.O. Box 1689 Santa Fe, NM 87504-1689 1120 Paseo de Peralta, Room 428 Santa Fe, NM 87501 # PRESS RELEASE ## SUPERINTENDENT OF INSURANCE FRANCHINI ANNOUNCES CHANGES FOR ALL NON-COMPLIANT ACA HEALTH POLICIES SANTA FE, NEW MEXICO May 20, 2014 — John G. Franchini, New Mexico Superintendent of Insurance E SUPERINTENDENT OF INSURANCE John G. Franchini - (505) 827-4299  P.O. Box 1689 Santa Fe, NM 87504-1689 1120 Paseo de Peralta, Room 428 Santa Fe, NM 87501 # PRESS RELEASE ## SUPERINTENDENT OF INSURANCE FRANCHINI ANNOUNCES CHANGES FOR ALL NON-COMPLIANT ACA HEALTH POLICIES SANTA FE, NEW MEXICO May 20, 2014 — John G. Franchini, New Mexico Superintendent of Insurance At the initiation of the Affordable Care Act (“ACA”) certain individual and small group health policies which did not conform to all the requirements of the ACA were allowed to continue and to be renewed for a period of time. The New Mexico Superintendent of Insurance has determined that it is in the public interest that non-ACA compliant individual and small group insurance plans will NOT be eligible for renewal beyond December 31, 2014. All insured New Mexicans whose plans end after that date must transition into ACA compliant plans. Health plan cancellations will result in insured New Mexicans receiving a “special enrollment period. (SEP). Even when open enrollment in New Mexico Health Insurance Exchange (NMHIX) is closing, the SEP will allow those insureds to enroll either via the NMHIX or with commercial insurers offering ACA compliant plans in New Mexico. The Superintendent of Insurance stated; “The decision to terminate the non-ACA complaint health plans is vital to all New Mexicans to ensure that any health plan they purchase is fully ACA compliant and that they receive the full benefits of the Affordable Care Act.” The Office of Superintendent of Insurance regulates the insurance industry in New Mexico and consumers are free to contact our offices at 505-827-4601 or www.OSI.state.nm.us and link to the “Ask the Superintendent” section if they have any questions.