By Associated Press - Friday, August 7, 2020

SANTA FE, N.M. (AP) - The New Mexico Public School Insurance Authority board unanimously voted Thursday to send a letter warning schools and districts about the dangers of not complying with coronavirus guidelines.

The letter to member districts and charter schools warns that if they do not comply with state health restrictions, they may jeopardize their chances of receiving coverage for coronavirus-related work claims, The Santa Fe New Mexican reported.

Executive Director Richard Valerio said districts that violate mask-wearing mandates, bring students back to school too soon or prematurely order employees back to in-person work can be at risk of losing their coverage.

The authority provides insurance for all school districts in the state except for Albuquerque.

The board also approved the creation of a task force to better understand the challenges of returning to school during a pandemic.

Gov. Michelle Lujan Grisham announced in July that schools would not reopen in person until at least Sept. 7. Students will begin online classes on Aug. 20.

The insurance authority is still trying to determine how to implement coverage for schools during a pandemic. One idea that is being considered is setting aside $1 million for liability insurance if an outbreak occurs at a school.

The organization’s letter is evidence of a broader dilemma education insurers are facing, said Marty Esquivel, general counsel for the authority.

Esquivel said he is concerned that there “may be a situation where some districts choose to circumvent the order intentionally or unintentionally and the question becomes, what happens in that case?”

The authority is also still trying to determine how to proceed with worker compensation claims.

Valerio said Thursday the authority already has received several workers compensation claims as a result of the coronavirus.

“They were denied because we could not determine the employee caught the COVID virus from the workplace,” he said. “I think it’s gonna be really hard to pinpoint or determine that, though contract tracing may come into play there.”

For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some - especially older adults and people with existing health problems - it can cause more severe illness, including pneumonia, and death.

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