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By Lauren Lifke
A bill that would allow changing of the timeline for issuance of subpoenas for insurance companies is headed to the governor’s office after lawmakers gave their final approval on March 19.
Senate Bill 124, sponsored by Sen. Katy Duhigg, D-Albuquerque, would increase the superintendent of insurance’s authority. Prior to an issuance of notice to show cause of contemplated action, the superintendent would be allowed to issue civil investigative subpoenas.
A notice of contemplated action formally notifies somebody that there is intent to take legal action against them. If the superintendent of insurance is allowed to issue a civil investigative subpoena beforehand, the bill would allow them to gather more information before issuing the formal notice, Duhigg said.
Right now, the superintendent needs to file a notice before issuing the subpoena, House Majority Floor Leader Reena Szczepanski, D-Santa Fe, said.
“This just allows her to do that before filing the notice, so that if the notice filing isn’t necessary, she doesn’t need to go to that final step,” Szczepanski said.
According to the bill’s fiscal impact report, this could lead to legal disputes from insurance providers if they’re asked to provide sensitive information.
“This will probably reduce the number of contemplated actions that are brought,” Szczepanski said.
Because the superintendent of insurance is tasked with regulating insurance companies, Duhigg said, she needs to have the tools that will allow her to do her job.
“She needs this because she needs to get information in order to know if she is going to issue that notice of contemplated action,” Duhigg said. “This bill simply gives her the tools she needs to do the job we have tasked her with.”
The bill passed the House 40-23 and it now heads to the governor’s desk.
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