New Mexico Register / Volume XXXVII,
Issue 18 / September 22, 2026
NOTICE OF
PROPOSED RULEMAKING
The OSI eDocket Number
for this rulemaking is: 2026-0171
NOTICE IS HEREBY GIVEN that the Office of Superintendent of Insurance (OSI or Superintendent) will hold a public hearing in person, via video conference, and via telephone conference regarding a repeal and replace of 13.10.40 NMAC, Vaccine Purchasing Fund. The hearing in this rulemaking will commence on Tuesday, October 27, 2026, at 10:00 a.m., MDT.
PURPOSE OF THE
PROPOSED RULE:
The purpose of this rulemaking is to: 1) update the definitions section of the
rule to clarify the use of new terms added to and referenced in the rule; 2)
update the procedures and enforcement mechanisms used by the OSI to ensure
compliance with the Vaccine Purchasing Act; 3) remove the requirement of
publication in Section 13.10.40.10 NMAC because it is not required by statute;
and, 4) more fully align operational processes between OSI and the Department
of Health.
STATUTORY
AUTHORITY: State Rules Act, Sections 14-4-1 et seq.,
NMSA 1978, Sections 24-5A-6, 24-5A-8 NMSA 1978 of the Vaccine Purchasing Act,
and Section 59A-2-9 NMSA 1978.
TO ATTEND THE HEARING BY
ELECTRONIC VIDEO CONFERENCE VIA MS TEAMS MEETING:
Meeting ID: 289 734 209 408
959 - Passcode: yR6aB7Hv
Please copy the link
below into your browser to get to the video conference meeting
https://teams.microsoft.com/meet/289734209408959?p=VmHDi7Rt2Ct5V4ouqI
TO ATTEND THE HEARING DIAL BY PHONE:
+1 505-312-4308,,643982754# - Phone conference ID: 643 982 754#
PUBLIC COMMENT: The Superintendent designates Brenda Newell, as the hearing officer for this hearing. Oral comments will be accepted at the public hearing from members of the public and other interested parties in-person or via electronic video conference. Copies of the Notice of Proposed Rulemaking and proposed rule are available by electronic download from the OSI eDocket: https://edocket.osi.state.nm.us/home, you must login or register to get access if you are not already registered. You may also request copies of the Notice of Proposed Rulemaking and proposed rule by emailing Jillian Storm: jillian.storm@osi.nm.gov or by phone at: 505-946-7357, email communication is preferred. To view all filings in OSI’s rulemaking information, please visit the OSI website, the OSI rulemaking record is filed on the eDocket (please follow the instructions on the web page for using the eDocket, there is no charge for using the eDocket, to find this rulemaking use the following eDocket Number: 2026-0171), or on the Sunshine Portal at: https://statenm.my.salesforce-sites.com/public/SSP_RuleHearingSearchPublic (from the “Agency” drop down menu, select “Office of Superintendent of Insurance”) https://www.osi.state.nm.us/en/legal-information/rulemaking/, the OSI rulemaking record is filed on the eDocket (please follow the instructions on the web page for using the eDocket, there is no charge for using the eDocket, to find this rulemaking use the following eDocket Number: 2026-0171), or on the Sunshine Portal at: https://statenm.my.salesforce-sites.com/public/SSP_RuleHearingSearchPublic (from the “Agency” drop down menu, select “Office of Superintendent of Insurance”)
DEADLINE TO SUBMIT
WRITTEN COMMENTS: Written comments will be accepted through 4:00 p.m.
on Thursday, October 22, 2026. Responses to written comments or to oral
comments delivered at the hearing will be accepted through 4:00 p.m. on Wednesday,
October 28, 2026. All comments
shall be filed electronically through the OSI eDocket. Please copy the
following link into your browser to get to the eDocket: https://edocket.osi.state.nm.us/home, you must login or register to get access. To find this rulemaking use the following
Docket Number: 2026-0171.
FILING WRITTEN COMMENTS: To file
written comments on the OSI eDocket please send written comments to the
following email address: osi-docketfiling@state.nm.us
Please send written comments by at least 3:30p.m. to
ensure filing by the 4:00p.m. deadline.
To access filings on the OSI eDocket, lease copy the
following link into your browser to get to the eDocket: https://edocket.osi.state.nm.us/home, you must login or register to get access. To find this rulemaking use the following
Docket Number: 2026-0171.
Written comments may be sent
via U. S. mail to:
OSI Records and Docketing
NM Office of Superintendent of Insurance
P.O. Box 1689, Santa Fe, NM 87504-1689
Written comments must be
received by OSI and stamped as accepted between the hours of 8:00 a.m. and 4:00
p.m. Monday through Friday except on state holidays. The Superintendent will
consider all oral comments and will review and consider all timely submitted
written comments and written responses. For help submitting a filing, please
send an email to: osi-docketfiling@state.nm.us. The docket number and title below must be indicated on
all written comments submitted to the OSI:
Docket Number: 2026-0171
IN THE MATTER OF
REPEAL AND REPLACE OF 13.1040 NMAC, VACCINE PURCHASING FUND
SPECIAL NEEDS: Any person with a disability requiring special assistance to participate in the hearing should contact Andrea Padilla, at 505-531-7171 no later than ten (10) business days prior to the hearing.