SENATE BILL 224

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Linda M. Trujillo

 

 

 

 

 

AN ACT

RELATING TO MEDICAL MALPRACTICE; ALLOWING THE SUPERINTENDENT OF INSURANCE TO INTERVENE IN MEDIATION AND COURT PROCEEDINGS THAT INVOLVE THE MEDICAL MALPRACTICE ACT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Medical Malpractice Act is enacted to read:

     "[NEW MATERIAL] MEDIATION--CONFIDENTIALITY--SUPERINTENDENT PARTICIPATION.--

          A. The superintendent may participate in any mediation process that concerns a malpractice claim brought pursuant to the Medical Malpractice Act.

          B. Records maintained by the superintendent or the third-party administrator of the fund concerning a malpractice claim shall not be made public and shall not be subject to subpoena, but shall be used solely for the purpose of carrying out the duties imposed by the Medical Malpractice Act.

          C. Prior to approval of a settlement in district court that may result in payment from the fund, the superintendent shall be served notice and provided the opportunity to intervene concerning the settlement."

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