New Mexico § 52-1-4.2 - Controlled insurance plan; penalty

§ 52-1-4.2. Controlled insurance plan; penalty

A. An owner or the principal contractor of a construction project may establish and

administer a controlled insurance plan, provided the covered project is a construction

project, a plant expansion or real property improvements within New Mexico with an

aggregate construction value in excess of one hundred fifty million dollars ($150,000,000)

expended within a five-year period. As used in this section, “ aggregate construction value ” includes design, utilities, site excavation, construction costs of improvements

to real property and acquisition of equipment and furnishings but does not include

the cost of fees or charges associated with financing the construction project. B. Rolling wrap-ups are prohibited. Controlled insurance plans covering non-contiguous construction sites are prohibited. C. The owner shall include in any request for proposals for bids a notice that participation

in a controlled insurance plan is a requirement of the bid and shall provide a copy

of the specifications of the controlled insurance plan. The specifications shall include a statement of the bidding contractor's or subcontractor's

responsibilities relative to the plan. D. A dispute regarding which workers' compensation coverage or insurer is responsible

shall be resolved by the administration. An administrative or judicial finding shall include appropriate reimbursement of

benefit payments and expenses. For disputed cases as described herein, initial benefits shall be provided by the

controlled insurance plan until such time as the coverage dispute is resolved. E. An owner or principal contractor who enters into a contract for a controlled insurance

plan shall file a copy of the contract and evidence of compliance with the requirements

of this section with the superintendent of insurance and the workers' compensation

administration at least thirty days before the date on which the owner is to begin

receiving bids or requests for proposals on the project. F. An owner or principal contractor using a controlled insurance plan shall distribute

any project performance-based refunded premium or dividend to each participating contractor

and subcontractor on a proportional basis if provided in the construction contract. G. An owner or principal contractor shall provide for a safety plan for an employee

engaged in the construction project when the employee is present at the construction

project site. The owner or principal contractor of the construction project shall develop and

carry out a health and safety program approved by the workers' compensation administration. The plan shall include a protocol that encourages return to work guidelines pursuant

to the Workers' Compensation Act. H. The owner or principal contractor of a construction project that uses a controlled

insurance plan shall: (1) establish a method for timely reporting of job-related injuries to the employer,

the insured and the administration; (2) provide modifier experienced units statistical rating information and any other

statistical information required by the superintendent of insurance for all contractors

and subcontractors, including losses and payroll, to the appropriate rating service

within six months following the end of the annual policy period; (3) provide contractors or subcontractors or their representatives with actual and

specific payroll audit data generated under the controlled insurance plan, as would

be customarily provided to the employer from a non-controlled insurance plan; and (4) provide the same access to information on injured employees as would customarily

be available to the employer from a non-controlled insurance plan. I. In addition to any other penalties provided under the law, a person found to have

violated any requirement of this section shall be subject to a penalty pursuant to Section 52-1-61 NMSA 1978 .