New Mexico Register / Volume XXXVII,
Issue 17 / September 9, 2026
NOTICE
OF EMERGENCY REPEAL OF
13.21.2
NMAC, QUALIFICATIONS AND ADMISSIONS
Effective
Date: August 27, 2026
The New Mexico
Office of Superintendent of Insurance (OSI) will repeal in its entirety 13.21.2
NMAC, Qualifications and Admissions on an emergency basis pursuant to
Sections 14-4-5.6, 41-5-5, 41-5-25 and 59A-2-9 NMSA, effective September 9,
2026. OSI will promulgate a new rule related to qualifications and admissions
that will align with the 2026 updates to the Medical Malpractice Act. Any instructions related to qualifications
and admissions will temporarily be issued through OSI bulletin or guidance,
will be posted on the OSI website and will be distributed through the OSI
Newsletter, until a new rule is promulgated.
To sign up for the Newsletter please go to the following link on the OSI
website:
https://www.osi.state.nm.us/en/about-us/newsletter/
OSI determined
that this emergency repeal is necessary to protect the public health and safety
by ensuring that all qualified providers and hospitals are added as
participants in the Patient’s Compensation Fund (Fund). The repeal of 13.21.2 NMAC reinforces the
underlying statutory purpose of the 2026 amendments to the Medical Malpractice
Act to support health care providers and hospitals in gaining admission to the
Fund so that health care providers and hospitals in the state may focus on
improved community health and continuity of care in the communities they serve.
As noted in the Fiscal Impact Report for House Bill 99 in the 2026 legislative
session, “New Mexico continues to face a critical, chronic shortage of health
professionals across the disciplines, particularly in rural areas. Thirty-two
of 33 New Mexico counties are designated as health professional shortage areas
(HPSAs) in primary care, behavioral health, dental health, or a combination of
the three.”
As the custodian
of the Fund, the Superintendent is dedicated to assisting in maintaining and
growing health care provider networks and hospitals in the state by improving
processes and procedures of the Fund. A
growing and sufficient number of health care providers and hospitals in New
Mexico ensures shorter appointment wait times, better patient outcomes, fewer
patient complications and a preventative medicine focus through regular
screenings in addition to a better quality of life for health care providers.
A copy of this
notice will be placed on the OSI eDocket with the following
Docket Number:
2026-0170. A copy of this notice will also be filed on the Sunshine Portal.
Please send any
questions regarding this notice to this email address: osi.rulemaking@osi.nm.gov