The state Insurance Division will this week vacate its controversial April approval of a Blue Cross Blue Shield of New Mexico health insurance rate hike settlement, Public Regulation Commission (PRC) chairman David King told The Independent Monday morning.
The move expected this week does not represent a formal rejection of the request or a final decision; it will simply restart the process.
Commissioner Jason Marks had condemned the settlement as “a back room deal.” Angry commissioners voted May 13 to order the Division to reverse its approval of the settlement, which was negotiated over a weekend without public hearings.
But former acting superintendent Tom Rushton, who had helped negotiate the 21.3 percent rate hike, resigned the following day without issuing an order to vacate the agreement.
Rushton was replaced May 20 by Craig Dunbar, who could not vacate the agreement because a technicality prevented him from staying in the job; State law requires the insurance superintendent to have lived in New Mexico for three years, but Dunbar returned to New Mexico from Texas only last year.
Blue Cross Blue Shield attorneys had threatened to sue the PRC if the Division withdrew its approval for the rate hike. But concerned that Dunbar’s appointment might be challenged in court if he vacated the rate hike, because of the residency issue, commissioners decided to replace him, they told The Independent.
Dunbar was replaced last week by Johnny Montoya
Incoming interim superintendent Johnny Montoya will vacate the Division’s approval this week, Dunbar and King said.
If that happens, the division will also clear a separate request to reverse the approval submitted by the original complainant in the case, Blue Cross Blue Shield NM policyholder and Albuquerque Attorney Jody Neal-Post. Jones defected from the settlement agreement May 27.
Describing Blue Cross Blue Shield as “a corporation with apparently endless litigation resources,” Neal-Post noted in a filing submitted to the Division Monday that the company had hired yet another attorney to fight her request that the settlement approval be vacated.
The PRC’s selection committee will begin reviewing candidates Tuesday for the permanent superintendent, King said. A “permanent” superintendent should be appointed by late summer, King said.
King questioned the constitutionality of residency requirements, noting that “many” candidates for the permanent superintendent position could not apply because they had not lived in New Mexico during the past three years.