N.M. Admin. Code § 6.50.7.11 - BOARD PROCEDURE FOR CONSIDERING REQUESTS FOR WAIVER
A. In the event the authority determines it
will issue a request for proposal for either risk-related or group health
insurance because of termination of an existing contract during its term or
because of expiration of an existing contract pursuant to the contractual term
limit, the authority shall issue a schedule for the procurement. The request
for proposal shall contain a proposed time schedule for responsive offers. The
authority shall also set a target date for selection of a carrier. Sixty days
prior to the carrier selection target date, the authority shall, by ordinary
mail, send to each school district and charter school a copy of the authority's
request for proposal notifying the school districts and the charter schools
that the request for proposal sets forth the minimum benefits and financial
standards for purposes of their opportunity to waive participation in the
individual line of coverage being procured. The authority shall in the notice
to the school districts and charter schools establish a deadline within which
time any school district or charter school desiring a waiver must submit
documentation of its proposal matching the authority's minimum benefits and
financial standards. A copy of 6.50.7 NMAC shall be enclosed with the
notice.
B. A school district or
charter school that plans to file a request for waiver for any individual line
of coverage shall within 14 calendar days after receiving notice from the
authority as required by Subsection A of
6.50.7.11 NMAC above, file a notice
of intent to file a request for waiver for that particular individual line of
coverage. The purpose of this preliminary filing is to permit the authority to
structure its request for proposal to give notice to any proposed bidders of
the approximate number of school districts and charter schools that may attempt
to waive participation in that individual line of coverage, since this can have
a significant effect on the procurement process.
C. Any school district or charter school that
has filed a notice of intent to file a request for waiver, may, if the school
district or charter school desires to continue its waiver efforts, seek
proposals for insurance through a request for proposal in accordance with state
law. The school district's or charter school's request for proposal shall, as a
minimum, contain the minimum employee benefits and financial standards or the
risk-related minimum benefits and financial standards as required by the
authority's request for proposal. The school district or charter school may
include additional coverages or additional limits in its request for
proposal.
D. After the school
district or charter school receives responses to its request for proposals and
still desires to continue to seek a waiver, it shall prepare a request for
waiver which affirmatively sets forth the coverages, the premiums and a summary
of the school district's or charter school's data with respect to each of the
criteria set forth in
6.50.7.12 NMAC.
E. The request for waiver of participation
with all documentation shall be filed with the authority on or before the date
on which the authority's request for proposal requires proposals to be
received.
F. Any school district or
charter school that does not timely file a notice of intent to file for a
waiver of participation or a request for waiver of participation is prohibited
from waiving out of the authority coverage.
G. When the authority receives a request for
a waiver of participation, the authority shall immediately send a notice to the
school district or charter school setting forth the time and place for a public
board meeting to consider approval or rejection of the waiver request. Since
time is of the essence, if necessary, the board shall call a special meeting in
accordance with the Open Meetings Act, Section
10-15-1 et seq., NMSA 1978, to
consider the waiver request.
H. At
the meeting, the school district or charter school will present its proposed
coverages and the costs of those coverages. Then, the authority's executive
director will explain the comparable coverages to be offered by the authority
and their costs. The board shall review all documents and information presented
orally and in writing and then shall either make its decision at the meeting or
notify the school district or charter school of the decision in writing within
five calendar days after the meeting.
I. The decision of the authority board to
grant or deny a waiver of participation is final. Any district denied a waiver
of participation may appeal such decision. An appeal shall be taken within
thirty days from the date of the board action. Such appeal is on the record
made before the authority board and the board decision may be reversed only if
shown upon a review of the whole record to be arbitrary, capricious or in
violation of law.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.