N.M. Stat. § 59A-46-22
Summary orders and supervision.
A. Whenever the superintendent determines that the financial condition of any
health maintenance organization is such that its continued operation might be
hazardous to its enrollees, creditors or the general public, or that it has violated any
provision of the Health Maintenance Organization Law, he may, after notice and
hearing, order the health maintenance organization to take such action as may be
reasonably necessary to rectify such condition or violation, including but not limited to
one or more of the following:
(1)
reduce the total amount of present and potential liability for benefits by
reinsurance or other method acceptable to the superintendent;
(2)
reduce the volume of new business being accepted;
(3)
reduce expenses by specified methods;
(4)
suspend or limit the writing of new business for a period of time;
(5)
increase the health maintenance organization's capital and surplus by
contribution; or
(6)
take such other steps as the superintendent may deem appropriate under
the circumstances, including suspension or revocation of the certificate or authority or
assessment of administrative penalties as provided in Section 59A-46-20 NMSA 1978.
B. For purposes of this section, the violation by a health maintenance organization
of any law of this state to which such health maintenance organization is subject shall
be deemed a violation of the provisions of the Health Maintenance Organization Law.
C. The superintendent is authorized to make rules and regulations setting uniform
standards and criteria for early warning that the continued operation of any health
maintenance organization might be hazardous to its enrollees, creditors or the general
public and setting standards for evaluating the financial condition of any health
maintenance organization, which standards shall be consistent with the purposes
expressed in Subsection A of this section.
D. The remedies and measures available to the superintendent under this section
shall be in addition to, and not in lieu of, the remedies and measures available to the
superintendent under the provisions of Chapter 59A, Article 41 NMSA 1978.