New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 50 - INSURANCE
Part 7 - EMPLOYEE-BENEFIT AND RISK-RELATED MINIMUM BENEFIT AND FINANCIAL STANDARDS PARTICIPATION WAIVER
Section 6.50.7.12 - APPROVAL OR DISAPPROVAL OF REQUEST FOR WAIVER OF PARTICIPATION
Universal Citation: 6 NM Admin Code 6.50.7.12
Current through Register Vol. 35, No. 18, September 24, 2024
The authority board shall approve or disapprove a waiver of participation based on the documentation submitted by the school district or charter school. The board shall grant a waiver to a school district or charter school that shows evidence to the satisfaction of the board that:
A. In the event the waiver is with regard to group health insurance:
(1) that the school
district or charter school has secured a valid written enforceable commitment
from an insurer to provide group health insurance;
(2) that the coverage committed to the school
district or charter school and the plan benefits for their employees is at
least as beneficial as the plan being procured by the authority;
(3) that there are no more exclusions from
coverage and the exclusions are not broader than those set out in the
authority's request for proposals;
(4) that the deductibles, stop loss, out of
pocket costs, etc., if any, result in no more costs to the employees than would
occur pursuant to the authority's request for proposals;
(5) that any cost containment features not
result in any higher costs or burdens on the employees than would result under
the authority's request for proposals;
(6) that the prospective insurer of the
school district or charter school have the same or greater rating as that
required in the authority's request for proposals;
(7) that the notice of intent to request a
waiver has been timely filed;
(8)
that the request for waiver of participation has been timely filed;
(9) that all the data required to be included
in the request for waiver of participation has been timely supplied;
(10) that the proposed insurer for the school
district or charter school has satisfactorily demonstrated to the school
district or charter school and to the authority that the insurer in its
proposal to the school district or charter school has adequately accounted in
its rates for such items as school district or charter school experience,
incurred but not reported losses, medical inflation trends and other relevant
factors for the purpose of allowing the school district or charter school and
the authority to determine the future viability of the plan, if rates are
under-quoted at inception and whether the proposed insurer for the school
district or charter school meets the minimum financial standards of the
authority; and
(11) that the total
group health insurance offering available in that school district or charter
school compares favorably in all respects with the authority's request for
proposals;
B. In the event the waiver is with regard to risk-related insurance:
(1) that the school district or charter
school has secured a valid written enforceable commitment from an insurer to
provide risk-related insurance;
(2)
that there are no more exclusions from coverage and the exclusions are not
broader than those in the authority's request for proposal;
(3) that the deductibles, self insured
retention, etc., if any, are no higher or result in any more costs to the
school district or charter school than would occur pursuant to the authority's
request for proposal;
(4) that any
cost containment features not result in any higher costs or burdens on the
school district or charter school than would result under the authority's
request for proposals;
(5) that the
prospective insurers of the school district or charter school provide coverages
as broad as is required in the authority's request for proposals;
(6) that the prospective insurers of the
school district or charter school have the same or greater rating as required
in the authority's request for proposals;
(7) that the notice of intent to request a
waver has been timely filed;
(8)
that the request for waiver of participation has been timely filed;
(9) that all the data required to be included
in the request for waiver of participation has been included; and
(10) that the proposed insurer for the school
district or charter school has satisfactorily demonstrated to the school
district or charter school and to the authority that the insurer in its
proposal to the school district or charter school has adequately accounted in
its rates for such items as school district or charter school experience,
incurred but not reported losses, the nature of existing coverage(claims made
or occurrence) and other relevant factors for the purpose of allowing the
school district or charter school and the authority to determine the future
costs of coverages, to determine if rates are under-quoted at inception and
whether the proposed insurer for the school district or charter school meets
the minimum financial standards of the authority.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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