HB 99 Would Improve Health Care Access Across The State – Los Alamos Reporter

The New Mexico House of Representatives has passed House Bill 99 (HB 99), legislation aimed at addressing a growing crisis in healthcare access by reforming medical malpractice laws. The bill, a key priority for Governor Michelle Lujan Grisham, passed with a significant majority of 66-3 and now moves to the Senate for consideration.

Addressing a Critical Shortage

New Mexico is currently facing a dire shortage of healthcare professionals, with over 5,000 positions unfilled across the state. This shortage is particularly acute in rural areas, where 32 of 33 counties are experiencing critical gaps in care. More than 65% of physicians currently practicing in New Mexico are reportedly considering leaving the state, and a substantial majority – over 80% – cite concerns over punitive damages and the rising costs of medical malpractice insurance as primary drivers of this potential exodus.

A Unique Situation

The situation in New Mexico is particularly concerning as it is the only state in the nation to have experienced a net loss of physicians over the past five years. Many healthcare professionals attribute this decline directly to the high cost of medical malpractice insurance within the state.

Did You Know? New Mexico is the only state in the nation to have lost physicians over the past five years.

Key Provisions of HB 99

HB 99 seeks to address these issues by establishing tiered caps on punitive damages in medical malpractice cases. These caps are scaled 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. These caps will also be adjusted annually to account for inflation.

The legislation also raises the standard of evidence required to pursue punitive damages, increasing it to “clear and convincing” evidence. It mandates judicial review before any punitive damage claims can proceed to trial.

Expert Insight: Capping punitive damages and raising the evidentiary standard represent a significant shift in the legal landscape for medical malpractice claims. This approach aims to balance the need to compensate patients harmed by negligence with the desire to create a more predictable and stable environment for healthcare providers.

What Happens Next?

With the 30-day legislative session nearing its end at noon on Thursday, Governor Lujan Grisham has urged the New Mexico Senate to act swiftly on HB 99. If passed by the Senate, the bill would then be sent to the Governor for her signature. However, if the Senate fails to act before the session adjourns, the bill will not become law. A possible next step could involve further negotiations between lawmakers and stakeholders during future legislative sessions.

Frequently Asked Questions

What is the purpose of HB 99?

HB 99 aims to rein in medical malpractice claims, protect patients’ ability to seek compensation for harm, and expand the number of doctors practicing in New Mexico.

What are the tiered caps on punitive damages established by HB 99?

The bill establishes caps of approximately $1 million for independent providers and clinics, $6 million for locally owned hospitals, and $15 million for larger hospital systems. These caps adjust annually for inflation.

What is the current status of physician availability in New Mexico?

New Mexico faces a shortage of more than 5,000 health care professionals, and is the only state in the nation to have lost physicians over the past five years.

As New Mexico lawmakers consider this critical legislation, what role do you believe access to affordable healthcare plays in the overall health and economic vitality of a community?