A. The superintendent shall adopt and promulgate rules to establish specific standards:
(1) that set the manner, content and required disclosure for the sale of short-term plans and excepted benefits plans, including standards for full and fair disclosure; and
(2) for the sale of short-term plans and excepted benefits plans, which standards shall include standards relating to:
(a) terms of renewability or extension of coverage;
(b) initial and subsequent conditions of eligibility;
(c) nonduplication of coverage provisions;
(d) coverage of dependents;
(e) preexisting conditions;
(f) termination of insurance;
(g) probationary periods;
(h) limitations;
(i) exceptions;
(j) reductions and exclusions;
(k) elimination periods;
(l) requirements for replacement by the health insurance carrier;
(m) recurrent conditions;
(n) the definition of terms to describe the specific types of coverage sold pursuant to the Short-Term Health Plan and Excepted Benefit Act and specific standards and policy provisions required of these plans;
(o) benefit duration;
(p) scope of coverage;
(q) advertising and marketing;
(r) sales practices;
(s) mandatory disclosures;
(t) coverage suitability; and
(u) policy and certificate approval.
B. All advertisements, marketing materials and application and policy forms relating to short-term plans shall prominently display a notice that the coverage is unavailable to any potential insured who has been covered under a short-term plan in the previous twelve-month period.
History: Laws 2019, ch. 235, § 3.
ANNOTATIONSEffective dates. — Laws 2019, ch. 235 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.