NM Insurance Bulletin 2020-007
NMDOH PUBLIC HEALTH EMERGENCY ORDER CLOSING ALL BUSINESSES
ST ATE OF NEW MEXICO
OFFICE
OF SUPERINTENDENT
OF INSURANCE
SUPERINTENDENT
OF INSURANCE
Russell Toal
,Ill
DEPUTY
SUPERINTENDENT
Robert E. Doucette,
Jr.
0iTiCE O)
NEW MEXICO
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BULLETIN
2020-007
March
26, 2020
(,+q
/11 !
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(. i
n Th C
TO:
ALL
DOMESTIC
INSURERS,
ALL
NON-DOMESTIC
INSURERS
WITH
OFFICES
IN NEW
MEXICO,
AND ALL
PRODUCERS
WITH
OFFICES
IN
NEW
MEXICO
RE:
MARCH
23,
2020
New
Mexico
Department
of Health
Public
Health
Emergency
Order
Closing
All Businesses
and Non-Profit
Entities
Except
for
those Deemed
Essential
and Providing
Additional
Restrictions
on Mass
Gatherings
Due to COVID-19
On March 11, 2020, New Mexico Governor
Michelle
Lujan-Grisham
declared a public
health
emergency
in
the
state
of New
Mexico
because
of the
spread
of the
novel
Coronavirus
Disease ("COVID-19").
On March 23, 2020, New Mexico Department
of
Health Cabinet Secretary Kathyleen
Kunkle
issued a public health emergency
order ("DOH
Emergency
Order") which, among other things, served to close all businesses and nonprofit entities except for those deemed essential.
The DOH Emergency
Order defines "Essential
business" as any business or non-profit
entity falling
within one or more of the 22 listed categories.
In relevant part, category "p"
includes
insurance
providers
and
category
"q"
includes
title companies
and
related
services.
Accordingly,
all
insurance
companies,
underwriters,
agents, brokers
and
producers with offices in New Mexico are deemed essential businesses for purposes of the
DOH Emergency
Order. We are pleased by the Governor's
recognition
of the key role of
the insurance industry.
Pursuant to the DOH Emergency
Order, essential businesses may remain open provided
they minimize
their operations
and staff to the greatest extent possible. Further, all essential
businesses shall, to the greatest extent possible:
@
adhere to social distancing
protocol
and maintain
at least six-foot
social distancing
from other individuals
(including
other employees);
*
avoid person-to-person
contact wherever
possible;
*
query those coming into an office, whether employees, contractors
or members of
the
public,
as
to
whether
they
have
travelled
to areas
with
high
COVID-19
penetration,
been exposed to anyone being tested or diagnosed
with COVID-19,
or
MainOffice:1120PaseodePeralta,Room428,SantaFe,NM
87501
SatelliteOffice:
6200UptownBlvdNE,SuitelOO,Albuquerque,NM871lO
Main Phone: (505) 827-4601 i Satellite Phone: (505) 322-2186 i Toll Free: (855) 4 - ASK - OSI
www.osi.state.nm.us
BULLETIN
2020-007
Pagei2
have any of the syi'nptoms;
and if they answer in the affiimative
to
any of the
questions,
direct them to home or other place of self-isolation;
*
avoid having
meetings
with five or more people;
*
avoid non-essential
travel; and
@
have employees
wash their hands frequently
and ensure that all surfaces are cleaned
routinely.
The DOH Emergency
Order does not in any way restrict
the conduct
of business operations
through
telecomtnuting
or
otherwise
working
from
home
in
which
an
employee
only
interacts
with clients or customers
remotely.
Should any insurance
company,
underwriter,
agent, broker or producer
with an office in
New Mexico
wish to keep its physical
office space open to the public,
it should do so in
strict
compliance
with the requirements
of the DOH
Emergency
Order outlined
above.
Alternatively,
should any insurance
company,
underwriter,
agent, broker or producer
with
an office in New Mexico
wish to close a physical
office
space to the public,
it must ensure
that it continues
business operations
through
telecornmuting
and that it provides
reasonable
access to its clients or customers
remotely.
Please be reminded
that the order specifically
requires
that all call centers situated
in New
Mexico
"reduce
their in-person
workforce
by 100%"
We also ask for your assistance
in fighting
fraud or scams related
to COVID-19.
Please see
the
information
on
our
website
related
to
this:
https://www.osi.state.nm.us/wpcontent/uploads/2020/03/Anti-Frarid-Consumer-Notice-March-2020.pdf.
Finally,
we want to remind
you of the importance
of advising
individuals
seeking
health
coverage
that if an excepted
benefits
policy
is being presented
or recommended,
it must
include
the notice
that was included
in our Notice
and Order of March
12, 2020. A copy of
the required
notice
is attached
to this bulletin.
Thank
you
for
your
cooperation
and
for
taking
action
to ensure
tlie
safety
of New
Mexicans.
ISSUED this eZy of March, 2020.
SUPERINTpNDENT
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
ST ATE OF NEW MEXICO
OFFICE
OF SUPERINTENDENT
OF INSURANCE
SUPERINTENDENT
Russell
Toal
DEPUTY
SUPERINTENDENT
Robert E. Doucette, Jr.
Notice for Holders
or Purchasers
of Excepted
Benefits
Policies
The coverage provided
under your benefits plan orpolicyunderwritten
by [insert name ofunderwriter]
is limited
in nature and may not provide
financial
protection
for significant
costs that you could incur
for the diagnosis or treatment
of COVID-19
("Coronavirus")
related illness.
If you do not have comprehensive
major medical coverage, in addition
to the plan or policy
issued by
[companyname],
you may incur significant
uninsured
medical expenses associated with the diagnosis
and treatment
of illness caused by COVID-19.
Major medical plans offer robust consumer
protections,
and are required to waive all deductibles,
copays and other cost sharing expenses for the diagnosis
or treatment
of COVID-19
related illness. Your
policy or plan with [excepted benefits companyl is not a major medical plan and does not provide such
protections.
If you do not have major medical coverage, you may:
1. Contact a licensed insurance
broker or agent to see about major medical coverage availability.
2. To see if you are eligible
for a special enrollment
period for major medical coverage through the
New Mexico
Health Insurance Exchange,
contact beWellnm
toll-free
at 1-833-862-3935.
3. To see if you are eligible for Medicaid
coverage and to complete an application,
please call the
Human
Services
Department's
Medicaid
Expansion
Hotline toll-free
at 1-855-637-6574
or visit
https://www.yes.state.nm.us/yesnm/home/index.
4. To see if you are eligible for high risk pool coverage, please contact the New Mexico
Medical
Insurance
Pool (the "High
Risk Pool") at 1-844-728-7896
or https://nmmnip.org/.
If you are uninsured
and have a COVID-19
diagnosis,
your condition
qualifies
you for Pool coverage.
The Centers for Disease Control and the New Mexico
Department
of Health each have websites with
considerable
information
on
COVID-19.
Visit
each
website
at
https://www.cdc.gov/
or
http://cv.nmhealth.org/.
Individuals
who
have
symptoms
consistent
with
COVID-19
should
immediately
call
the NM
Department
of Health at 1-855-600-3453.
MainOffice:1120PaseodePeralta,Room428,SantaFe,NM
87501
Satellite Office:
6200 Uptown
Blvd NE, Suite 100, Albuquerque,
NM 87110
Main Phone: (505) 827-4601 i Satellite Phone: (505) 322-2186i Toll Free: (855) 4 - ASK - OSI
www.osi.state.nm.us