2011 New Mexico Statutes
Chapter 59A: Insurance Code
Article 18: The Insurance Contract, 59A-18-1 through 59A-18-31
Section 59A-18-13.5: Review of health insurance or plan rates; appeal to supreme court from commission. (Effective January 1, 2012.)
59A-18-13.5. Review of health insurance or plan rates; appeal to supreme court from commission. (Effective January 1, 2012.)
A. In a matter arising from an order of the commission on appeal pursuant to Section 7 [59A-18-13.4 NMSA 1978] of this 2011 act, an aggrieved party may appeal to the supreme court.
B. The supreme court shall consider the commission's order on appeal and reverse the commission's order on appeal only if the supreme court determines:
(1) after evaluation of the record of evidence as a whole, that the superintendent's decision was not based on substantial evidence as to whether the proposed rates are reasonable, actuarially sound and based on reasonable administrative expenses;
(2) that the commission's decision was arbitrary, capricious or an abuse of discretion; or
(3) that the commission's decision on appeal is otherwise not in accordance with law.
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