TITLE 6 PRIMARY AND SECONDARY EDUCATION
CHAPTER 50 INSURANCE
PART 3 PROCUREMENT OF COVERAGE FOR
RISK-RELATED EXPOSURES, EMPLOYEE-
BENEFITS
AND DUE PROCESS REIMBURSEMENT
6.50.3.1 ISSUING AGENCY: New Mexico Public School Insurance Authority.
[6.50.3.1
NMAC - Rp, 6 NMAC 50.3.1, 09/01/2014]
[The
address of the New Mexico Public School Insurance Authority is 410 Old Taos
Highway, Santa Fe, New Mexico 87501.]
6.50.3.2 SCOPE: This part applies to all school districts, charter
schools, other educational entities, eligible employees, eligible retired
employees, eligible dependents, eligible participating entity governing body
members, and persons or entities authorized to participate in the authority's employee
benefits, risk-related and due process reimbursement coverages.
[6.50.3.2
NMAC - Rp, 6 NMAC 50.3.2, 09/01/2014]
6.50.3.3 STATUTORY AUTHORITY: Subsection
D of Section 22-29-7 NMSA 1978, directs the authority to promulgate necessary
rules, regulations and procedures for the implementation of the New Mexico
Public School Insurance Authority Act, Section 22-29-1 et seq. NMSA 1978.
[6.50.3.3
NMAC - Rp, 6 NMAC 50.3.3, 09/01/2014]
6.50.3.4 DURATION: Permanent.
[6.50.3.4
NMAC - Rp, 6 NMAC 3.4, 09/01/2014]
6.50.3.5 EFFECTIVE DATE:
September 1, 2014 unless a later date is cited at the end of a section.
[6.50.3.5
NMAC - Rp, 6 NMAC 50.3.5, 09/01/2014]
6.50.3.6 OBJECTIVE: The objective of this part is to delineate
the powers of the authority to procure insurance or to self-insure risk-related
exposures and to provide for employee-benefit programs and due process
reimbursement coverage and the general methods by which these coverages will be
offered.
[6.50.3.7
NMAC - Rp, 6 NMAC 50.3.6, 09/01/2014]
6.50.3.7 DEFINITIONS: [RESERVED]
6.50.3.8 AUTHORIZATION TO PROCURE
INSURANCE OR TO SELF-INSURE RISK-RELATED, EMPLOYEE BENEFIT AND DUE PROCESS
REIMBURSEMENT COVERAGES: The authority is authorized to provide
for risk-related exposures, employee benefit programs and due process
reimbursement coverage in the following ways.
A. Obtain basic,
excess, reinsurance or retrospectively rated insurance policies for any
combination of risk-related or employee-benefit coverages on behalf of all
persons or entities authorized to participate in the authority's coverages in
compliance with the Procurement Code, Section 13-1-1 et seq. NMSA 1978, the
Health Care purchasing Act, Section 13-7-1 NMSA 1978, and the competitive
sealed proposal process of Section 13-1-28 NMSA 1978.
B. Self-insure all
or any part of risk-related, employee benefit and due process reimbursement coverages
offered to persons or entities authorized to participate in the authority's
coverages.
C. Establish
pooling and participation arrangements to provide risk-related or
employee-benefit coverages on behalf of all persons or entities authorized to participate
in the authority's coverages.
D. Establish
reasonable self-insured retention or self-insured liability levels.
E. Establish
reasonable deductibles, stop loss, out of pocket, co-pays or other cost
containment mechanisms.
F. Modify any
basic, excess, reinsurance or retrospectively rated insurance policies, pooling
or participation agreements or other insurance coverage.
G. Add or delete
one or more risks, one or more perils, one or more benefits or one or more
lines in any self- insurance, insurance contract, pooling or participation
agreement.
[6.50.3.8
NMAC - Rp, 6 NMAC 50.3.8, 09/01/2014]
6.50.3.9 AUTHORIZATION TO OFFER RISK
RELATED COVERAGES: The authority is authorized to offer
risk-related coverages to all school districts and charter schools. The authority may offer risk-related
coverages to individual other educational entities by special agreement.
[6.50.3.9
NMAC - Rp, 6 NMAC 50.3.9, 09/01/2014]
6.50.3.10 AUTHORIZATION TO OFFER
EMPLOYEE-BENEFIT COVERAGES:
A. The authority is
authorized to offer employee-benefit coverages to all school districts, charter
schools, other educational entities, eligible employees, eligible retired
employees, eligible dependents and persons or entities authorized to
participate in the authority's coverage.
B. The authority is
authorized to offer mandatory benefit coverages as follows: Basic
non-contributory life insurance and medical benefit plans whether insured or
self-insured.
C. The authority is
authorized to offer optional benefit coverages as follows: dental, vision,
disability, or additional life and such other line or lines of coverage as the
board may determine from time to time.
[6.50.3.10
NMAC - Rp, 6 NMAC 50.3.10, 09/01/2014]
6.50.3.11 AUTHORIZATION TO OFFER DUE
PROCESS REIMBURSEMENT COVERAGE:
A. The authority is
authorized to include due process reimbursement coverage in its self-insured
retention risk pool pursuant to Section 22-29-12 NMSA 1978, as amended and
supplemented.
B. The board shall
determine at the beginning of each fiscal year the amount available in the fund
for reimbursements. The provisions for
distribution of the fund amount shall be set forth in the general liability
memorandum of coverage including the process for submitting claims and the
method of distribution.
[6.50.3.11
NMAC - N, 09/01/2014]
HISTORY of
6.50.3 NMAC:
Pre-NMAC
History: The material in this part was derived from that
previously filed with the State Records Center and Archives under:
NMPSIA
Rule 86-201, Procurement of and Self-Insurance of Employee Benefit Coverages,
filed 10/31/86;
NMPSIA
Rule 86-100, Procurement of and Self-Insurance of Related Coverages, filed 10/31/86;
NMPSIA
Rule 93-6, Procurement of or Self-Insurance of Risk Related and Employee-Benefits
Coverages, filed 33/22/93.
History of Repealed Material:
6
NMAC 50.3, Procurement of or Self-Insurance of Risk-Related and Employee Benefits
Coverages, filed 10/1/97 - Repealed effective 09/01/2014.