{"data":{"id":"us-nm/59a-23a-8","jurisdiction":"us-nm","citation":"59A-23A-8","heading":"Incontestability period.","body":"A. For a policy or certificate that has been in force for less than six months an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is material to the acceptance for coverage.\nB. For a policy or certificate that has been in force for at least six months but less than two years an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is both material to the acceptance for coverage and which pertains to the condition for which benefits are sought.\nC. After a policy or certificate has been in force for two years it is not contestable upon the grounds of misrepresentation alone. Such policy or certificate may be contested only upon a showing that the insured knowingly and intentionally misrepresented relevant facts relating to the insured's health.\nD. No long-term care insurance policy or certificate may be field issued based on medical or health status. For purposes of this subsection, \"field issued\" means a policy or certificate issued by an agent or a third party administrator pursuant to the underwriting authority granted to the agent or third party administrator by an insurer.\nE. If an insurer has paid benefits under the long-term care insurance policy or certificate, the benefit payments may not be recovered by the insurer in the event that the policy or certificate is rescinded.","path":["Chapter 59A - Insurance Code","ARTICLE 23A Long-Term Care Insurance"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18562/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"35cabae9628bab87a35eb83099861467ee7a0d22553c839fb5c0ba51a4128e1c","source_id":"us-nm","stale":false,"prev":"us-nm/59a-23a-7","next":"us-nm/59a-23a-9"},"notice":"GroundRules: Original legal text. Not legal advice."}