Staff Reports
SANTA FE — The House of Representatives passed legislation that would rein in skyrocketing medical malpractice claims, protect patients’ ability to seek compensation for harm, and help expand the number of doctors practicing in New Mexico in a Feb. 14 vote.
House Bill 99, commonly referred to as the “medical malpractice reform bill,” cleared the House of Representatives on a 66-3 vote. The measure — one of Gov. Michelle Lujan Grisham’s top priorities for the final legislative session of her administration — now goes to the Senate for consideration. With the 30-day session ending Feb. 19 at noon, the governor urged the New Mexico Senate to send HB 99 to her desk without delay in a Feb. 14 press release.
“With this bill, we’re not choosing between patients and providers — we’re choosing both,” she said. “HB 99 protects patients who have been harmed by medical malpractice while making it possible for physicians to practice here without fear of bankruptcy. New Mexicans, many of whom are waiting months to see a doctor, expect the Senate to put this bill on its calendar immediately and treat it with the urgency it requires with just a few days left in the session.”
HB 99, sponsored by Rep. Christine Chandler, D-Los Alamos, establishes tiered caps on punitive damages that scale based on the size of the medical practice or facility: approximately $1 million for independent providers and clinics, $6 million for locally owned hospitals, and $15 million for larger hospital systems. The caps adjust annually for inflation.
The legislation also raises the evidentiary standard for punitive damages to “clear and convincing” evidence and requires judicial review before such claims can proceed to trial.
New Mexico faces a dire shortage of more than 5,000 health care professionals, with 32 of 33 counties experiencing critical gaps in care. More than 65% of physicians practicing in the state say they are considering leaving, and more than 80% cite punitive damages and malpractice insurance costs as the primary reasons.
New Mexico is the only state in the nation to have lost physicians over the past five years, a crisis that many health professionals attribute to the exorbitant cost of medical malpractice insurance in the state.
HB 99 received unanimous approval from the House Judiciary Committee after the governor convened weeks of negotiations among trial lawyers, lawmakers, and hospital executives. The bill is endorsed by House Democratic and Republican leadership and the New Mexico Hospital Association.
President and CEO of NMHA wrote a statement up after the bill passed the House of Representatives.
“Today’s passage of HB 99, Medical Malpractice Changes, in the New Mexico House of Representatives marks an important step toward stabilizing our state’s healthcare system and protecting access to care for all New Mexicans,” he said. “On behalf of our 48 community hospital members, the New Mexico Hospital Association appreciates the House’s bipartisan 66-3 action to move this bill forward. We also applaud the leadership of the bill’s sponsor, Rep. Christine Chandler, and cosponsor Rep. Gail Armstrong, in bringing forth and championing this important legislation.”
