December 22, 2021

Governors signs emergency fix to NM medical malpractice law - Albuquerque Journal

Rep. Dayan Hochman-Vigil, D-Albuquerque, listens to a question during a House floor debate on a bill making changes to a New Mexico medical malpractice law. The emergency bill was approved by lawmakers this month and signed Wednesday by Gov. Michelle Lujan Grisham. (Eddie Moore/Journal)

SANTA FE — With just over one week before a new medical malpractice law takes effect, Gov. Michelle Lujan Grisham on Wednesday signed an emergency bill making changes to it in an attempt to avoid an interruption in health care services.

The bill, House Bill 11, was passed by lawmakers during a 12-day special session that ended last week. It was added to the special session agenda by Lujan Grisham after a push by a coalition of trial lawyers, hospital leaders, physicians and patient advocates.

“Supporting New Mexico’s medical providers and protecting the patients they serve is important business,” Lujan Grisham said in a statement. “I’m glad to have the chance to sign into law this common-sense fix, and I’m grateful to the Legislature for their quick action on this matter.”

The law passed by lawmakers during this year’s 60-day legislative session that’s set to take effect Jan. 1 adjusts New Mexico’s caps for legal damages available to people harmed by medical wrongdoing or negligence.

However, concerns were raised about the new law’s unintended impact on independent doctors — a category that includes many surgeons — who practice at hospitals across New Mexico and on independently owned outpatient clinics.

Specifically, backers of the legislative fix said some insurance carriers might have declined to provide insurance after Dec. 31 because of questions about legal liability.

In its original form, the new medical malpractice law set caps for legal damages at $4 million for 2022 and $4.5 million for 2023.

Under the bill passed this month, the caps for independent outpatient health care facilities will instead be set at $750,000 per injury or death for the next two years. They would then increase in future years.

While some legislators said the law should have been vetted more carefully before being approved in March, backers of the legislative fix said it was a necessary action.

“Our governor and state Legislature worked together under urgent circumstances to preserve access to healthcare for thousands of New Mexican patients and prevent the closure of dozens of physician-owned small businesses,” said Annie Jung, the executive director of the New Mexico Medical Society

“Their quick and decisive action saved lives,” she added.


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source: https://www.abqjournal.com/2456180/governors-signs-emergency-fix-to-nm-medical-malpractice-law.html

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