N.M. Stat. § 59A-20A-8
Disclosure.
A. A provider or broker shall provide a written disclosure statement form containing
the following information to the viator no later than the time of application:
(1)
possible alternatives to viatical settlement contracts for persons with
catastrophic, life-threatening or chronic illnesses, including any accelerated death
benefits offered under the viator's life insurance policy;
(2)
that some or all of the proceeds of the viatical settlement may be free from
federal income tax and from state franchise and income taxes, and that assistance
should be sought from a professional tax adviser;
(3)
that the viator has a right to rescind a viatical settlement contract within
fifteen calendar days after receipt of the viatical settlement proceeds;
(4)
that money will be sent to the viator within two business days after the
provider has received the insurer or group administrator's acknowledgment that
ownership of the policy or interest in the certificate has been transferred and the
beneficiary has been designated pursuant to the viatical settlement contract;
(5)
that proceeds of the viatical settlement could be subject to the claims of
creditors;
(6)
that receipt of the proceeds of a viatical settlement may adversely affect
the viator's eligibility for medicaid or other government benefits or entitlements, and that
advice should be obtained from the appropriate government agencies; and
(7)
that entering into a viatical settlement contract may cause other rights or
benefits, including conversion rights and waiver of premium benefits that may exist
under the policy or certificate, to be forfeited by the viator and that assistance should be
sought from a financial adviser.
B. A provider shall disclose in writing the following information to the viator prior to
the date the viatical settlement contract is signed by all parties:
(1)
the affiliation, if any, between the provider and the issuer of an insurance
policy to be viaticated;
(2)
if an insurance policy to be viaticated has been issued as a joint policy or
involves family riders or any coverage of a life other than the viator, the possible loss of
coverage on the other lives and the advisability of consulting with the insurance
producer or the company issuing the policy for advice on the proposed viatication; and
(3)
the dollar amount of the current death benefit payable to the provider
under the policy or certificate and the availability of any additional guaranteed insurance
benefits and the dollar amount of any accidental death and dismemberment benefits
under the policy or certificate and the provider's interest in those benefits.