N.M. Stat. § 59A-47-24
Subscriber contracts; requirements and provisions.
Every health care expense payments contract issued under this article shall be in
writing and comply with requirements and contain provisions in substance as follows:
A. a provision that the policy, the application of the policyholder (if it or a copy
thereof is attached to the policy) and the individual applications, if any, submitted in
connection with such policy by the employees or members, constitutes the entire
contract between the parties, that no statement therein is a warranty in the absence of
fraud and that no such statement shall avoid the obligation of the health care plan
provided in the policy or reduce benefits thereunder unless contained in a written
application for such contract, attached to and made part of the policy;
B. if such contract is a group contract, a provision that the health care plan will
furnish to the subscriber, for delivery to each employee or member of any covered
group, an individual certificate, or an identification card, or other evidence of such
coverage, setting forth in summary form a statement of the essential features of the
contract of all persons included in the coverage;
C. if such contract is a group contract, a provision that eligible new employees or
members or dependents, as the case may be, may be added from time to time to the
group originally covered, in accordance with the terms of the contract;
D. the amount payable to the health care plan by the subscriber, and the time at
which and manner in which such amount is to be paid;
E. the nature of the benefits which will be furnished and the period during which
they will be furnished and, if there are any benefits to be excepted, a detailed statement
of such exceptions;
F. any specific term or condition to the effect that the contract may be canceled or
otherwise terminated by the health care plan, including the manner and time of such
termination; provided a contract may not be canceled during the period for which the
premium has been paid unless written notice is delivered to the insured, or mailed to his
last address as shown by the records of the health care plan, stating when, not less
than five days thereafter such cancellation shall be effective;
G. that the contract includes the endorsements thereon and attached papers, if any,
and constitutes the entire contract;
H. that after two years no statement (except a fraudulent statement) by the
subscriber in the application for a contract shall void the contract or be used against the
subscriber in any legal action or proceedings relating to the contract unless such
application or a true copy thereof is included in or attached to such contract; a
statement that no change in the contract shall be valid until approved by an executive
officer of the health care plan and unless such approval and countersignature be
endorsed on or attached to such contract; and a statement that no agent has authority
to change the contract or waive any of its provisions. No claim for loss incurred or
disability (as defined in the policy) shall be reduced or denied on the ground that a
disease or physical condition not excluded from coverage by name or a specific
description effective on the date of loss had existed prior to the effective date of
coverage of such policy;
I. that if the subscriber defaults in making any payment under the contract, the
subsequent acceptance of an application for reinstatement and accompanying payment
or its failure to take any action with respect thereto within thirty days following receipt of
such application for reinstatement, by such health care plan or any duly authorized
agent thereof reinstates the contract. The reinstated policy shall cover only loss
resulting from such accidental injury as may [be] sustained after the date of
reinstatement and loss due to such sickness as may begin more than ten days after
such date. In all other respects the subscriber and the health care plan shall have the
same rights thereunder as they had under the policy immediately before the due date of
the defaulted premium, subject to any provisions endorsed thereon or attached thereto
in connection with the reinstatement. Any premium accepted in connection with a
reinstatement shall be applied to a period for which a premium has not been previously
paid, but not to any period more than sixty days prior to the date of reinstatement. (The
last sentence of the above provision may be omitted from any policy which the insured
has the right to continue in force subject to its terms by the timely payment of premiums
(1) until at least age fifty (50) or (2) in the case of a policy issued after age forty-four
(44), for at least five (5) years from the date of its issue); and
J. the period of grace which will be allowed the subscriber for making any payment
due under the contract, which period shall not be less than ten (10) days.