N.M. Admin. Code § 13.7.5.8

Current through Register Vol. 35, No. 24, December 23, 2024

Section 13.7.5.8 - NOTICE OF CONFIDENTIAL ABUSE INFORMATION PRACTICES

An insurer shall provide a separate notice of confidential abuse information practices in connection with the insurance actions set forth in 13 nmac 7.5.11 [now 13.7.5.11 NMAC]. The notice shall be written in plain language and shall:

A. state that confidential abuse information may be received in the course of collecting information from persons other than the protected person;

B. state the types of confidential abuse information that may be received and the types of sources and investigative techniques that may be used to collect information;

C. state that the insurer is prohibited by law from using confidential abuse status as a basis for denying, refusing to issue, renew or reissue or canceling or otherwise terminating a policy, restricting or excluding coverage or benefits of a policy or charging a higher premium for a policy;

D. state the types of disclosures identified in Section 59A-16B-4 NMSA 1978 and the circumstances under which such disclosures may be made without prior authorization;

E. state that confidential abuse information used by an insurance support organization to prepare its report to the insurer may be retained by the insurance support organization but may not be disclosed to other persons without the written consent of the protected person except as otherwise permitted by Section 59A-16B-4 NMSA 1978]

F. describe the rights established in 13 nmac 7.5.14, 7.5.15 and 7.5.17 [now 13.7.5.14 NMAC, 13.7.5.15 NMAC and 13.5.7.17 NMAC] and the manner in which such rights may be exercised;

G. describe the insurer's location information confidentiality program and instructions for applying to participate in the program;

H. provide a convenient means of notifying the insurer that the person wishes to be a protected person.

N.M. Admin. Code § 13.7.5.8

1/1/99; Recompiled 11/30/01