N.M. Stat. § 59A-19-2
Scope of article.
A. This article applies as to all policies, group certificates, benefit or service
certificates, contracts, plans or agreements providing coverage as to life or health of
human beings, and delivered or issued for delivery in this state by any insurer, fraternal
benefit society, nonprofit health service corporation, prepaid health care plan, dental
care plan, vision care plan, pharmaceutical plan, health maintenance organization and
all similar organizations now or hereafter authorized to transact business in this state
under any law of this state. The superintendent shall, by regulation, make this article
applicable to any other policy, certificate, contract, plan or agreement of insurance when
he determines that person delivering or issuing can reasonably comply with the
provisions of this article.
B. This article shall not apply as to:
(1)
any policy which is a security subject to federal jurisdiction;
(2)
any group policy covering a group of one thousand (1,000) or more lives
at date of issue, other than a group credit life insurance policy or a group credit health
insurance policy; except, that any certificate issued pursuant to a group policy and
delivered or issued for delivery in this state is not exempt;
(3)
any group annuity contract which is a funding vehicle for a pension, profit-
sharing or deferred compensation plan;
(4)
any form used in connection with, or as a conversion from, or as an
additon [addition] to, or in exchange pursuant to a contractual provision for, a policy
delivered or issued for delivery in this state on an initial form approved or permitted to
be issued prior to the date such initial form must be approved under this article; or
(5)
the renewal of a policy delivered or issued for delivery prior to the date
such policy form must be approved under this article.