Santa Fe, NM(KKOB) – The state’s House of Representatives today passed the a bill that would hopefully contribute in reducing medical malpractice claims as well as help to stop the loss of physicians leaving New Mexico for other states due to the high cost of medical malpractice insurance.
House Bill 99, commonly referred to as the “medical malpractice reform bill,” was approved on a 66-3 vote. The measure — one of Governor Michelle Lujan Grisham’s top priorities for the final legislative session of her administration — now goes to the Senate for consideration. The 30-day session ends at noon on Thursday.
“With this bill, we’re not choosing between patients and providers — we’re choosing both,” said GovernorLujan Grisham
. “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, establishes tiered caps on punitive damages on a scale based on the size of the medical practice 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.
A key language in the bill raises the evidentiary standard for punitive damages to “clear and convincing” evidence and requires judicial review before such claims can proceed to trial.
According to state information, New Mexico faces a shortage of more than 5,000 health care professionals, with 32 of 33 counties experiencing critical gaps in care. Results of a recent survey showed that 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.
The bill has the support of House Democratic and Republican leadership and the New Mexico Hospital Association. It is expected to have a bit more division in the Senate.
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