Regents' Policy Manual - Section 7.14: Risk Management and Insurance

Adopted Date: 09-12-1996
Amended: 12-14-2010

Applicability

This policy applies to all members of the University community and to all property owned or controlled by the University.

Policy

It is the policy of the University to take reasonable steps to avoid accidents or other incidents that could result in injury or death to students, faculty, staff, and visitors, and to protect the physical resources of the University against loss or damage. The University, therefore, will have an active safety and loss prevention program. Because of the unique and distinct manner in which the Health Sciences Center operates and the unique nature of the risks of loss with respect thereto, the governance and oversight of the safety and loss prevention program for the Health Sciences Center (and each of its component colleges, schools, centers, units, and subsidiary corporations as described in Section 1 of RPM 3.4) shall be as described in Section 3i of RPM 3.5 for the Health Sciences Board of Directors and Exhibit A Section 12 of RPM 3.6 for the UNM Board of Trustees. The program will also provide for the proper handling and disposition of hazardous materials, pursuant to applicable laws.

The University will provide opportunities for its students and employees to purchase medical and accident insurance. Liability insurance covering the University and its "public employees," as defined in the New Mexico Tort Claims Act, property and casualty insurance, workers' compensation insurance, and health care liability coverage for health care students are provided by the Risk Management Division, General Services Department, of the State of New Mexico.

The Board shall approve the establishment or elimination of any alternative insurance or self-insurance program.

Implementation

Recognizing that the University’s and its “public employees” tort liability to third parties is subject to the immunities and limitations set forth in the New Mexico Tort Claims Act and the Eleventh Amendment to the U.S. Constitution, in cooperation with the Risk Management Division of the New Mexico General Services Department under and pursuant to the New Mexico Tort Claims Act, the University will carry (a) fire and extended coverage insurance on its buildings, heating and cooling systems, and major equipment; (b) workers' compensation and unemployment compensation as required by applicable law, (c) medical malpractice, professional liability, and comprehensive general liability insurance under the Public Liability Fund administered by the Risk Management Division to protect itself and its “public employees,” as defined in and consistent with the New Mexico Tort Claims Act; (d) such other and further insurance coverage as may be necessary and appropriate under the circumstances of a particular situation.

The University will offer to all its active and retired permanent faculty and staff employees several different plans of group health insurance coverage which the University co-pays in accordance with state law. University employees may also purchase group life insurance, accidental death and dismemberment insurance, and long-term disability insurance coverage for themselves and their families through the University.

The University will offer one or more health insurance policies to its students each year.

The President shall report annually to the Board on the status and financial condition of the University's risk management and insurance programs.  In this regard, the Chancellor for Health Sciences shall coordinate reporting for the Health Sciences Center’s safety and loss prevention program with the President of the University.

References

Tort Claims Act, § 41-4-1 et seq., NMSA 1978; Workers' Compensation Act, §52-1-1, et seq.; Group Benefits Act, §10-7B-1, et seq.