NM Insurance Bulletin 2020-022
PARTIAL LIFTING OF RATE FILING MORATORIUM IMPOSED IN BULLETIN 2020-003
ST ATE OF NEW MEXICO
OFFICE
OF SUPERINTENDENT
OF INSURANCE
SUPERINTENDENT
OF INSURANCE
Russell Toal
Ill,
DEPUTY
SUPERINTENDENT
Robert E. Doucette, Jr.
BULLETIN
2020-022
December
3, 2020
I
TO:
EVERY
INSURER
WHO INTENDS
TO SELL, OR OFFER
TO SELL, AN
EXCEPTED
BENEFITS
PLAN
IN NEW MEXICO
RE:
PARTIAL
LIFTING
OF RATE
FILING
MORATORIUM
IMPOSED
IN
BULLETIN
2020-003
In Bulletin
2020-003, the superintendent
of insurance imposed a moratorium
on excepted
benefits filings until rules are promulgated
pursuant to Section 59A-23G-3
NMSA 1978. The
moratorium
applied to plan documents, adveitising
and rates. The moratorium
did not prohibit
the
offer or sale of a previously
approved excepted benefits plan.
Based on the promulgation
of 13.10.34 ISTMAC, the supeiintendent
issued Bulletin
2020-
017 on October 1, 2020, which partially
lifted the moratorium
to allow excepted benefits filings
for these excepted benefits products:
coverage-only
for accident insurance;
coverage-only
for a specified disease or illness;
Hospital indemnity
or other fixed indemnity
insurance; and
Champus/TRICARE
supplement
plans that provide one or
more of the coverages specified in (l) through (3).
Because the superintendent
has not promulgated
rules for dental, vision or disability
excepted
benefits products, Bulletin 2020-017 did not lift the filing moratorium
with respect to those
products.
The superintendent
expects to promulgate
rules for additional
excepted benefit products in
2021.
Until rules for specific excepted benefits products are promulgated,
insurers
are allowed to
market
previously
approved
products.
Some
excepted
benefit insurers have asked the
superintendent
to accept and review updated rate filings for previously
approved products. The
supeiintendent
considers this a reasonable request, and therefore paitially
lifts the moratorium
Main Office: 1120 Paseo de Peralta, Room 428, Santa Fe, NA4
87501
SatelliteOffice:
6200UptownBlvdNE,Suitel00,Albuquerque,NM87110
Main Plione: (505) 827-4601 i Satellite Phone: (505) 322-2186 i Toll Free: (855) 4 - ASK - OSI
www.osi.state.nm.us
B [i L L E T I N
2 0 2 0 - 0 2 2
Pagel2
imposed
in Bulletin
2020-003
to allow issuers of previously
approved
excepted
benefits
plans to
file and request
approval
of updated
rates for those plans.
Form, rate and adveitising
filings
submitted
in SERFF
for new excepted
benefit
products
for which
the filing
moratorium
remains
in effect will be administratively
withdrawn
and rejected
in SERFF.
If
you
have
questions
regarding
this
Bulletin,
please
contact
Anna
Krylova
at
anna.krylova@state.nrn.us
Thank
you for your cooperation.
ISS{JED
tis
3'd day ofNovember,
2020.
%tTgsb@'roht
Superintendent
of Insurance
Main Office: 1120 Paseo de Peralta, Room 428, Santa Fe, NM 87501
Satellite Office:
6200 Uptown Blvd NE, Suite 100, Albuquerque,
NA/I87110
Main Plione: (505) 827-4601 i Satellite Plione: (505) 322-2186i Toll Free: (855) 4 - ASK - OSI
www.osi.state.nm.us