New Mexico Statutes Chapter 59A. Insurance Code § 59A-23-20. Employee leasing contractor group health plan requirements

(1) at least two but not more than fifty employees, the employee leasing contractor shall be treated as a small employer pursuant to the Health Insurance Portability Act, and the group health plan that it sponsors shall be subject to the rules of the small group market, including rules applicable to the small group market by reason of the federal Patient Protection and Affordable Care Act; and

(2) fifty-one or more employees, the employee leasing contractor shall be treated as a large employer pursuant to the Health Insurance Portability Act, and the group health plan that it sponsors shall be subject to the rules of the large group market, including rules applicable to the large group market by reason of the federal Patient Protection and Affordable Care Act.

(1) “employee leasing contractor” means any person who is registered as an employee leasing contractor pursuant to the Employee Leasing Act;

(2) “individual market” means the market for health insurance coverage offered to individuals other than in connection with a group health plan;

(3) “large group market” means the health insurance market under which individuals obtain health insurance coverage on behalf of themselves and their dependents through a group health plan maintained by a large employer;

(4) “leased worker” means a worker provided by an employee leasing contractor who is treated as a leased worker for the purposes of the Employee Leasing Act;

(5) “multiple employer welfare arrangement” means a plan for providing welfare benefits for employees of more than one employer as defined by 29 U.S.C. Section 1002; and

(6) “small group market” means the health insurance market under which individuals obtain health insurance coverage through a group health plan maintained by a small employer.