Section 59A-48-1 – Short title.
This article [Chapter 59A, Article 48 NMSA 1978] may be cited as the “Prepaid Dental Plan Law”. History: Laws 1984, ch. 127, § 880.
Section 59A-48-10 – Annual report to superintendent.
A. Every prepaid dental plan organization annually on or before the first day of March shall file with the superintendent a report covering its activities for the preceding calendar year in form as prescribed by the superintendent, verified by at least two principal officers of the corporation. A copy of the report shall be sent […]
Section 59A-48-11 – Repealed.
ANNOTATIONS Repeals. — Laws 1991, ch. 9, § 45 repealed 59A-48-11 NMSA 1978, as enacted by Laws 1984, ch. 127, § 890, relating to taxes, effective July 1, 1993.
Section 59A-48-12 – Operational expenses.
No more than thirty percent of prepaid charges in the first year of operation, twenty-five percent in the second year of operation and twenty percent of prepaid charges in any subsequent year shall be used for the marketing and administrative expenses of a prepaid dental plan organization, including costs related to soliciting members and providers. […]
Section 59A-48-13 – Prohibited practices.
Article 16 [Chapter 59A, Article 16 NMSA 1978] of the Insurance Code relating to unfair trade practices and frauds shall apply to prepaid dental plan organizations, except as to the extent the superintendent determines that the nature of prepaid dental plan organizations render particular provisions of such law inappropriate. History: Laws 1984, ch. 127, § […]
Section 59A-48-14 – Agents and solicitors.
Solicitation of memberships in a prepaid dental plan shall be conducted by agents duly appointed by the dental plan organization or solicitors duly appointed by such agents, while licensed as such agents or solicitors under the same provisions and requirements of Articles 11 [Chapter 59A, Article 11 NMSA 1978] (licensing procedures) and 12 [Chapter 59A, […]
Section 59A-48-15 – Suspension or revocation of certificate of authority.
A. The superintendent may suspend or revoke any certificate of authority of a prepaid dental plan organization if he finds that any of the following conditions exist: (1) the prepaid dental plan organization is operating contrary to its basic organizational documents or in a manner contrary to that described in, and reasonably inferred from, any […]
Section 59A-48-16 – Approval of advertising and sales material.
A. The prepaid dental plan organization shall prior to use thereof file with the superintendent for his approval all advertising and sales material proposed to be used by it, through agents, solicitors, or otherwise, in advertising solicitation or sale of membership coverage to be offered by such organization. B. Within thirty (30) days after such […]
Section 59A-48-17 – Solicitation not violation of certain laws relating to providers.
Solicitation by prepaid dental plan organizations or anyone acting on their behalf to educate members and potential members of the coverage and operation of the organization’s plan shall not be construed to be a violation of any provisions of law relating to solicitation or advertising by prepaid dental plan providers, if such solicitation including advertising […]
Section 59A-48-18 – Conservation, rehabilitation, liquidation.
Any conservation, rehabilitation or liquidation of a prepaid dental plan organization shall be deemed to be that of an insurer and shall be conducted pursuant to Article 41 [Chapter 59A, Article 41 NMSA 1978] of the Insurance Code. History: Laws 1984, ch. 127, § 897.
Section 59A-48-19 – Other provisions applicable.
In addition to those referred to in Chapter 59A, Article 48 NMSA 1978, the following articles and provisions of the Insurance Code [Chapter 59A NMSA 1978] shall also apply, to the extent reasonably applicable and subject to the provisions of that article, as to prepaid dental plan organizations, their sponsors, directors, officers, personnel and representatives […]
Section 59A-48-2 – Definitions.
As used in this article: A. “member” means an individual who is enrolled in a group prepaid dental plan as a principal subscriber together with such person’s dependents who are entitled to dental care services under the plan solely because of their status as dependents of the principal subscriber; B. “membership coverage” means any certificate […]
Section 59A-48-3 – Certificate of authority required.
No person may establish or operate a prepaid dental plan organization in New Mexico, or sell or offer to sell or solicit offers to purchase, or receive advance or periodic consideration in conjunction with a prepaid dental plan without obtaining and maintaining a certificate of authority pursuant to the provisions of this article. History: Laws […]
Section 59A-48-4 – Application for certificate of authority.
A. An application for a certificate of authority to operate as a prepaid dental plan organization shall be filed with the superintendent in form prescribed by the superintendent, shall be verified by an officer or authorized representative of the applicant and shall set forth or be accompanied by the following: (1) a copy of any […]
Section 59A-48-5 – Issuance of certificate of authority.
A. Issuance of a certificate of authority shall be granted by the superintendent if the superintendent is satisfied that the following conditions are met: (1) the persons responsible for conducting the affairs of the prepaid dental plan organization are competent and trustworthy and are professionally capable of providing or arranging for the provision of services […]
Section 59A-48-6 – Deposit requirement; exception.
A. A prepaid dental plan organization shall maintain on deposit with the state treasurer through the superintendent a surety bond guaranteeing services under the plan, or cash or securities eligible for investments of capital funds of health insurers under Chapter 59A, Article 9 NMSA 1978, in the following amounts depending on the number of members […]
Section 59A-48-7 – Reserve requirement; exception.
A. A prepaid dental plan organization at all times shall maintain for protection of the members a financial reserve consisting of two percent of prepaid charges collected from members for the plan, until such reserve totals five hundred thousand dollars ($500,000). Such reserve shall be in addition to the deposit prescribed by Section 885 [59A-48-6 […]
Section 59A-48-8 – Membership coverage.
A. Every member in a prepaid dental plan shall be issued a membership coverage form by the prepaid dental plan organization. B. Any contract applied for that provides family coverage shall, as to such coverage of individuals in the family, also provide that the benefits applicable for children shall be payable with respect to a […]
Section 59A-48-9 – Examination of prepaid dental plan organization.
A. The superintendent may once in each six (6) months for the first three (3) years after organization and once each year thereafter, or more often if deemed necessary by the superintendent or director of the health services division of the health and environmental [environment] department [department of health], visit each prepaid dental plan organization […]