MLG signs medical malpractice bill to resolve problem she created in the first place
HB 99 which makes necessary positive changes to New Mexico’s medical malpractice laws is a HUGE victory for New Mexicans. We sincerely applaud Gov. Lujan Grisham for signing the bill today and standing up for New Mexicans who need medical care but have been unable to access it due to the shortage of medical providers. It is likely the best piece of legislation to become law in New Mexico in the 20 year tenure of RGF president Paul Gessing.
Of course, it is worth noting that Lujan Grisham and many current members of the New Mexico Legislature played a key role in causing the medical provider shortage.
- Damage Caps for Independent Providers: Raised the non-economic damage cap from $600,000 to $750,000 per occurrence, with annual cost-of-living adjustments (COLA) tied to the Consumer Price Index starting January 1, 2023. This applies to claims submitted on or after January 1, 2022.
- Damage Caps for Hospitals and Outpatient Facilities: Removed hospitals from the Act’s coverage, effectively lifting their previous $600,000 cap. Instead, new caps were set at $4 million starting in 2022, increasing to $5 million in 2023, and reaching $6 million by 2026, with ongoing CPI adjustments thereafter. This also applied to facilities like Memorial Medical Center and their employed staff.
- Insurance Requirements: Increased the minimum underlying medical liability insurance for independent qualified health care providers from $200,000 to $250,000.
At the time it wasn’t clear that this giveaway to the trial bar would create the massive problems it did. We’re glad it is resolved and hope that the two compacts that passed (many of which still need to be adopted by the Legislature) and other needed reforms outlined by the Rio Grande Foundation can bring needed medical professionals back to New Mexico.