What are you looking for? Patients Debt Collection Protection ActReport Insurance Fraud in New MexicoInsurance TypesTitle InsuranceHomeowners InsuranceCondo InsuranceRenters InsuranceAuto InsuranceHealth InsuranceManaged Health Care ReviewGrievance Procedures RulesWhat Consumers need to know about Surprise BillingIndependent Review OrganizationBilling ExamplesHealthcare Provider ArrangementsMultiple Employer Welfare Arrangement (MEWA)Life InsuranceOther Types of Health InsuranceStay Ready for Disasters!FloodWildfireWind & HailWinter Storm Contacts life.health@osi.nm.gov Resources Verify your agent is licensed Developmental Disabilities Waiver Health Care Affordability Fund ERISA OSI Events Calendar View our calendar of events There are several different ways to get health insurance. Some people buy coverage on their own. Many people get coverage through their job or a family member’s job. Others are covered through public programs like Medicare and Medicaid. State insurance regulators provide oversight for some of these types of health insurance. Different regulatory agencies have responsibility for other types of coverage. Individual Market—Buying Health Insurance on Your Own When you or your family purchase health insurance and are not part of a group that gets health coverage together (like an employer), you’re considered to have ‘individual market’ coverage. Many people choose to buy individual market coverage through a health insurance marketplace. Buying through a marketplace allows those who qualify to get premium tax credits to help with the cost of their coverage. An insurance agent or broker can help you choose an individual market plan, or your state may have health insurance ‘navigators’ or other community-based assisters to help you. While marketplaces only offer health insurance (and dental coverage) that meets certain requirements for benefits and coverage, other types of health insurance are also available to purchase on your own. These other types of insurance cover a more limited set of health care services and may choose not to cover you or charge you more if you have a pre-existing health condition. Employer-based Coverage Most non-elderly Americans get health care coverage through employment, either through their own job or family members. Employees and their families usually have a chance to sign up for coverage when starting a new job and once each year during an enrollment period. State insurance regulators help to oversee insurance plans that employers purchase, often when the employer has fewer than 50 employees. But many employers choose to ‘self-insure’ rather than purchase health insurance. The U.S. Department of Labor generally provides oversight of self-insured employer plans. Other agencies, including the Office of Personnel Management, the Defense Health Agency, and the Centers for Medicare and Medicaid Services, provide oversight when the employer is a government agency. Public Coverage Many people get health coverage through public programs like Medicare, Medicaid, and the Children’s Health Insurance Program. Common Questions What is Open Enrollment? Each year there is a specified period when people can enroll in an individual market health plan. New Mexico consumers can obtain coverage through beWellnm.com, for which open enrollment runs Nov. 1 through Jan.15. Please check with the New Mexico Health Insurance Exchange, BeWell, here to confirm Open Enrollment and Special Enrollment dates. Is there a penalty for not having minimum essential coverage? In the past, consumers would pay a penalty with their federal taxes if they were not enrolled in a health plan. Starting Jan. 1, 2019, that federal tax penalty was reduced to nothing and New Mexico does not impose penalties for going without insurance. If you don’t have major medical health insurance, you’ll be responsible for major health care costs. Does my Health insurance plan renew automatically? Most health plans are required to offer you a renewal each year. It’s your option to renew such plans but plans often renew automatically each year unless you take action to cancel. If you buy coverage on your own, there’s a time each year called the Open Enrollment Period when you can select a new plan or renew the one you have. If you get coverage through your employer, there is usually a similar period for changing plans. Can I opt out of a Health insurance plan? Yes, you may opt out of an insurance plan. However, you should check with your health insurance provider to see if there is any penalty for canceling your health insurance early. Can I have more than one Health insurance plan? Yes, you may be enrolled in more than one plan. Some people are enrolled in employer-sponsored insurance as well as Medicare, or both Medicare and a Medicare supplemental plan. One plan will be considered primary and pay for your health claims. The other plan will be considered secondary and will process any remaining bills under its rules. What is COBRA? Under COBRA, if you leave your current job you have the option to continue your health care coverage for up to 18 months. You are required to pay the full premium yourself, even if your employer paid part of your premium while you were employed, and the employer may charge an additional, limited administrative fee. You can find out more about COBRA continuation of group health benefits from the Federal Department of Labor Office of Employee Benefits Security Administration website. Shopping for health insurance? For comprehensive coverage, visit the New Mexico Health Insurance Exchange BeWell at www.beWellnm.com. You can also contact a certified agent or broker to help you with your insurance coverage needs. Health Insurance Glossary Actual Charge – means the amount actually paid by or on behalf of the insured and accepted by a provider for services provided. Insurance policies that use these terms must use them as defined in this section. Affordable Care Act (ACA)Legislation signed by President Obama on March 23, 2010, that made historic changes in the availability and delivery of health insurance, Medicaid and health policy nationwide. Commonly referred to as the health reform law, Patient Protection and Affordable Care Act (PPACA), the Affordable Care Act (ACA) and Obamacare. The final provisions of the law went into effect on January 1, 2014, providing a place where individuals and small business owners can shop and compare health insurance plans before enrolling. This law requires all eligible individuals and certain size businesses to have health insurance or pay a fee or tax. Approved Charge – The dollar amount on which a health carrier bases its payments and your co-payments. This may be less than the actual charge. Benefit Maximum – The most a health insurance policy will pay for a specified loss or covered service. The benefit can be expressed as either a period of time, a dollar amount or a percentage of the approved amount. Benefits may be paid to the policyholder or a third party. Certificate Holder – An employee or other insured named to receive benefits under a group health insurance policy. Chronic Condition – A continuous or prolonged illness or condition. Examples: asthma, diabetes, varicose veins. Claim – A request for payment for services. COBRA – Federal law requiring that workers who end employment for specified reasons have the option of purchasing group insurance through the employer for a limited period of coverage (usually 18 months, but in some cases 29 months or 36 months). Conditionally Renewable – An insurance policy that the company will renew with each premium payment, as long as you meet certain conditions. Coordination of Benefits (COB) – Provisions and procedures used by health carriers to avoid duplicate payments when a person is covered by more than one policy/contract. Co-payment (co-insurance) – A specified dollar amount or percentage of covered expenses which a health care policy/contract or Medicare requires a covered person to pay toward eligible medical bills. Covered Period – The time period for which covered services will be paid. Covered Person – A person who receives benefits of a health care policy/contract. Covered Services – Services for which a health care policy/contract will pay. Deductible – A specified dollar amount of medical expenses which the covered person must pay before a health care policy/contract will pay. Enrollment Period – Period during which individuals or group members may enroll for coverage under a health care policy/contract Exclusion – A procedure, service, or condition which a health care policy/contract does not cover. Experimental/Investigational – Medical treatment/procedures that are not generally accepted as the standard of care in the medical profession. Health care policies/contracts often do not cover these treatments/procedures. Often there is disagreement between doctors and health carriers whether a specific treatment/procedure is experimental/investigational. Explanation of Benefits (EOB) – A statement from a health carrier showing payments or denials for claims for health care services. Fee For Service – Health care coverage that does not place restrictions on which doctor one can use. The health carrier pays for the health care expenses you incur. Free Look – The period during which you may reconsider the purchase of an insurance policy, cancel and get a full refund. Individual health policies have a free look of at least 10 days; Medicare supplement and long-term care policies have 30-day free look periods. Grace Period – A specified period, usually 30 days, for the payment of a renewal premium after the original premium due date. The coverage remains in effect during the grace period if the premium is paid before the grace period expires. Group Insurance/Coverage – A contract between an insurer and an employer or other group. Guaranty Issue – An insurance policy that is issued to anyone, regardless of health. Guaranteed Renewable – An agreement by an insurance company to insure a person for as long as premiums are paid. Health Insurance Portability and Accountability Act (HIPAA) – Federal statute that among other things, people who move from one group health care plan to another or who move from a group plan to an individual plan will not have to satisfy a new preexisting condition exclusion period. HIPAA was effective on July 1, 1997. HIPAA Eligible Individual – A person who meets federal standards for continuing or obtaining health care coverage under the Federal HIPAA. Health Savings Account (HSA) – A new health coverage option that is similar to a Medical Savings Account (MSA). A major advantage to an HSA is that savings may be carried over from calendar year to another. Hospital Indemnity Policy – Pays a fixed dollar amount for each day you are in the hospital, regardless of actual hospital bills. Individual Health Care Coverage – A policy/contract between a health carrier and a covered person. Individual Mandate – Under the ACA, starting January 1, 2014, consumers and their dependents including children were required to have “minimum essential coverage” or pay a penalty, unless they fit within an exemption. This requirement is commonly known as the “individual mandate.” Inpatient – A person who has been admitted to a hospital or other health care facility to receive diagnosis, treatment or other health services. Insured – An individual or organization protected by an insurance policy. Lifetime Maximum – The total amount a policy/contract will pay during the covered person’s lifetime. Long-term Care (LTC) – The medical and social care given to one who has a severe chronic impairment over a long period of time. Loss – The basis for a claim under a policy/contract. In health insurance, loss can refer to medical expenses, resulting from illness or injury. Loss Ratio – The dollar amount a health carrier pays in claims compared to the amount it collects in premiums. Loss ratio is usually shown as a percentage of claims for every dollar collected. Maximum Amount – The most a health carrier will pay for a specified loss or covered service. The amount can be expressed as either a period of time, a dollar amount or a percentage of the approved amount. Payment may be made to the covered person or the provider. Medically Necessary – Treatments or services a health care policy/contract will pay for as defined in the contract. Each policy/contract should define medically necessary. Medical Savings Account (MSA) – A special kind of account that is eligible for a tax credit when combined with catastrophic care insurance that has high deductibles. Multiple Employer Welfare Arrangement (MEWA) – An organization of employers who “jointly self-insure” and pool funds to provide health care benefits for their employees. Open Enrollment – A period of time when new applicants may enroll in a health care plan regardless of their health condition. Out-of-State Group Policies – A group policy/contract that is sold outside of Oklahoma to a group domiciled in another state. Outpatient – A patient who receives care at a hospital or other health facility without being admitted to the facility. Outpatient care also refers to care given in other locations such as outpatient clinics. Pre-existing Condition – An illness or medical condition for which an individual received medical advice, diagnosis, care or treatment. Effective January 1, 2014, ACA Compliant plans must include new consumer protections. Health insurers can no longer deny applicants or refuse to renew coverage because of a pre-existing medical condition. They also can’t charge a higher premium due to a person’s gender or health condition. Non-ACA compliant plans continue to medically underwrite, apply pre-existing exclusions and waiting periods and can out-right deny coverage during the claim process. Pre-certification/Pre-authorization – A requirement that you obtain the health carrier’s approval before a medical service is provided or before services by an out-of-network provider are received. Pre-certification/Pre-authorization is not a guarantee of claim payment however; failure to obtain pre-certification/pre-authorization may result in denial of the claim or reduction in payment of the claim. Primary Carrier – Health care coverage that pays first when a person is covered by more than one policy/contract. Provider – A person or organization that provides medical services, such as a doctor, hospital, x-ray company, home health agency, pharmacy, etc. Rider – A legal document that modifies a health care coverage policy/contract. Riders may extend or decrease coverage or add or exclude specific conditions. Secondary Carrier – Health care coverage that pays second when a person is covered by more than one policy/contract. The secondary carrier cannot determine its payment until after the primary carrier has made its payment determination. Self-funded/Self-insured Health Care Plan – A health care plan created to pay benefits from a fund established by an employer or organization. Self-funded/Self-insured plans may be administered by third-party administrators or insurance companies but are not considered products under the authority of OID with an exception in some situation for prescription benefits processed by Oklahoma licensed PBM’s. Specific Disease Policy – A health insurance policy that covers the expenses incurred only for a specific disease named in the policy. The most common type is cancer insurance. Also known as Dread Disease policy. Underwriting – The process by which a health carrier determines whether or not and on what basis it will accept an application for coverage. Usual, Customary and Reasonable (UCR) – The dollar amount a health carrier has determined to be appropriate for a particular medical service that is received from an non-PPO network provider. This amount is often less than the actual charge. Each carrier determines its own UCR amount and not all health carriers use this method for determining payments. Waiting Period – The time that must pass after coverage begins and before the policy/contract will pay claims for a pre-existing condition. It may also refer to the time you must wait before obtaining health care coverage from a new employer group health care plan. Waiver – A voluntary surrender of a right or privilege known to exist. You may not be able to enroll in another plan until the Open Enrollment Period unless you qualify for a Special Enrollment Period. Check your policy first though, to see if there are any limitations on canceling your plan. If you are not enrolled in any health plan, you’ll be responsible for major health expenses, but you won’t face a federal tax penalty. Patients Debt Collection Protection Act Starting July 1, 2021, New Mexico law protects low-income people from medical debt collection. The law is called the Patient’s Debt Collection Protection Act. Debt collection can be selling the debt to a third party, and it can be filing a lawsuit against the patient. Debt collection also can be placing a lien on the patient’s property or garnishing wages. If you are low-income, medical providers cannot take certain debt collection actions against you. Low-income also is called “indigent.” Under New Mexico law, “indigent” means your household income is at or below 200% of the federal poverty guidelines. You can ask your medical provider or the debt collector to decide if you are indigent. You can also check the federal income guidelines to see if you may qualify. See the Debt Collection Notice below to learn more about your rights. You can fill out the “OSI Attestation of Indigency Form” to claim indigency. Consumer Resources OSI Attestation of Indigency Form (PDF) OSI Instructions for Attestation of Indigency Form (PDF) Debt Collection Notice (PDF) Provider Resources Supplement – 21-07 (PDF) Recursos del Consumidor Aviso de cobro de deudas (PDF) OSI Instrucciones para el certificacion de indigencia (PDF) OSI Certificacion de indigencia (PDF) Read the Law: Patients’ Debt Collection Protection Act (PDF) Read OSI’s Rules: Title 13 Chapter 10 Part 39 Access Indigency Tool (PDF) Long Term Care (LTC) What is Long Term Care Insurance? Long-term care insurance pays for skilled, intermediate, and custodial care in a nursing home, as well as care in other settings, such as the home, adult daycare center, or assisted living facility. The policy pays a fixed amount per day while a person is receiving care. Should I purchase long-term care insurance? Before purchasing long-term care insurance, educate yourself about the pros and cons. Find an agent that you trust and ask questions about coverage, premiums, and how premiums have changed over time for different products. For more information about Long Term Care Insurance, and tips for finding the right product, please download the NAIC Shopper’s Guide to Long Term Care (PDF) Medicare Supplement (Medigap)? Medigap FAQs (PDF) Medicare Supplements (Medigap) What is a Medicare Supplement or Medigap Plan? A Medicare Supplement plan is also known as a “Medigap” plan and is private insurance that works with Original Medicare (Part A and B). A Medigap plan helps cover out-of-pocket costs such as copays, coinsurance, and deductibles that Original Medicare does not cover. Medigap does not replace Original Medicare—you must remain enrolled in Part A and B and continue to pay your Part B premium. For questions visit the Centers for Medicaid and Medicare (CMS) that regulates Original Medicare plans: www.medicare.gov What is a Medicare Supplement or Medigap Plan? Federally standardized plans A, B, C, D, F, High-Deductible F, G, High-Deductible G, K, L, M, and N. Plans C and F are not available to people first eligible on or after January 1, 2020. All plans with the same letter offer identical benefits nationwide; the only difference is the premium charged by each company from state to state. View the plan benefit summaries here. What determines a Medigap plan’s cost? Costs depend on: Plan letter Insurance Company Location Rating method Attained-age rating (most common rating) means premiums rise as you age. Issue-age rating means premiums are based on the age you are when the policy is first issued and do not increase just because you get older. Community rating means everyone enrolled in the same plan offered by an insurance company pays the same premium, regardless of age or location within the state; premiums may increase for inflation or other factors, but not due to the policyholder’s age. Health care costs and Inflation Premiums can increase annually due to rising healthcare costs, inflation, or changes in the insurer’s claims experience. When and how may I enroll in a Medigap plan? Federal Medigap Open Enrollment: Lasts for six months, starting on the month you turn 65 and enroll in Medicare Part B. During this period, companies cannot deny coverage or charge more due to health issues. New Mexico “Birthday Rule”: Offers a 60-day annual open enrollment window starting the first day of your birthday month. You can switch to the same or lesser-value plan without medical underwriting. This included switching to a plan offered by another company. What companies sell Medigap plans in New Mexico? Medicare.gov allows consumers to view plans offered in their area here. I need help understanding how to enroll in a Medigap plan. What do I do? OSI strongly encourages consumers to work with a licensed agent when enrolling in a plan.CMS also publishes an official guide, located here (PDF). Can I switch plans once enrolled? Yes, you may choose any plan with no health questions during the “Birthday Rule” period. You may be denied or subject to underwriting if you apply outside this period. What steps should I take if switching? Apply during the 60-day annual open enrollment window starting the first day of your birthday month. You can switch to the same or lesser-value plan without medical underwriting. Wait until the new policy is effective before cancelling your old one—knowing the effective date avoids coverage gaps. Are prescription drugs covered? No. Medigap does not include drug coverage. You’ll need a separate Medicare Part D plan for prescription drug costs. CMS regulates Medicare Part D plans. Visit www.medicare.gov for assistance. Why are my Medigap premiums increasing? Medical Costs Keep RisingMedical costs increase year after year. Insurance companies raise premiums to cover these growing expenses. Price Increases Tied to Your AgeIf your plan uses attained-age pricing, your monthly rate goes up automatically as you get older—not because of your health. You (individual plans) or your Group (group plans) Gets Older or Uses More CareAs the group ages or uses more healthcare, costs go up for the whole group. That means even if you’re healthy, your premium may increase. Company Adjusts RatesInsurance companies regularly review how much they pay out in claims. If they’re paying more than expected (perhaps due to inflation, new methods, or more usage), they’ll ask state insurance regulators for a rate increase for all policyholders in a plan or group of plans. How does OSI ensure premiums are fair? OSI protects consumers by reviewing Medigap policies and premium rates to make sure they are reasonable, not excessive or inadequate and not unfairly discriminatory, and compliant with state and federal rules. 1. OSI reviews premium filings before they can be used.Insurance companies must file their proposed Medigap policies and premium rates with OSI for review and approval. OSI checks that rates comply with New Mexico’s Medicare Supplement Insurance Minimum Standards, including rules governing policy forms, marketing, and required disclosures. 2. OSI enforces state loss ratio requirements.Medigap companies must meet minimum loss ratio standards, which means companies must spend at least 65% (individual plans) or 75% (group plans) of the premium dollars they collect on medical claims, rather than administrative costs or profit. If they do not meet the threshold, they must refund the consumer. Loss ratio rules are part of OSI’s minimum standards for Medigap policies and are enforced through ongoing monitoring and filings. 3. OSI monitors company rate change requests.If a company wants to increase premiums, OSI reviews the filing to verify the change is supported by credible data — such as claims costs, medical inflation, and required loss ratios. Companies cannot raise rates without showing actuarial justification. 4. OSI enforces the Medical Loss Ratio (MLR) rules applied to Medigap companies.Medigap plans must meet specific MLR thresholds, meaning companies must return a minimum percentage of premiums through benefits paid. These rules ensure companies aren’t overcharging relative to the claims they pay. If the company’s loss ratio falls below the required threshold, it may be required to issue refunds. 5. OSI handles consumer complaints and investigates issues.OSI offers a complaint process for policyholders who believe they were overcharged, misled, or treated unfairly. OSI can investigate and take regulatory action if necessary. Where can I file a complaint about my Medigap plan?Through the New Mexico Office of Superintendent of Insurance (OSI). What is a Medicare Select plan? Medicare Select plans are Medicare supplemental coverage plans that provide benefits through a network of providers similar to a Preferred Provider Organization (PPO). If the participant receives care from a provider under contract with the company, the cost will be lower. What is a Medicare Advantage (MA) plan? A Medicare Advantage plan—also known as Medicare Part C—is a private health insurance alternative to Original Medicare (Parts A and B). Here’s how it works: Coverage: MA plans must provide all the same hospital (Part A) and medical (Part B) benefits as Original Medicare. Most include prescription drug coverage (Part D) and often offer additional services like vision, dental, hearing, fitness benefits, or transportation. Plan Types: They’re usually structured as HMOs, PPOs, Private Fee-for-Service (PFFS) plans, and sometimes Special Needs Plans (SNPs) or Medical Savings Account (MSA) plans. Networks & Access: You typically must use doctors and hospitals within the plan’s network. Some services may require referrals or prior authorization, and going out-of-network—unless it’s for emergencies—can cost more. Costs & Limits: Many MA plans charge little or no additional monthly premium beyond the standard Part B. Yet they include an annual out-of-pocket maximum, providing cost protection that doesn’t exist with Original Medicare. Enrollment Requirements: To enroll, you must already have Medicare Part A and B, live within the plan’s service area, and join during an eligible enrollment period (like your Initial Enrollment or the Annual Election Period). If you enroll outside the open enrollment periods, you may be denied or subject to underwriting. Can I enroll in a Medigap plan if my Medicare Advantage plan is discontinued by the insurance company? Under certain scenarios, you may be able to enroll in a Medigap plan with no underwriting. See the CMS guidance (PDF) to review your options. CMS regulates Medicare Advantage plans. Visit www.medicare.gov for assistance. OSI cannot recommend a specific Medigap plan or insurance company.