A MEMORIAL

REQUESTING THE NEW MEXICO HEALTH POLICY COMMISSION AND THE INSURANCE DIVISION OF THE PUBLIC REGULATION COMMISSION TO CONVENE A TASK FORCE ON HEALTH CARE PRACTITIONER LIABILITY INSURANCE.

     WHEREAS, there is an escalating crisis in health care access because malpractice premiums for all types of health care providers are skyrocketing; and

     WHEREAS, declining reimbursement rates for medicare and medicaid affect every type of provider and practitioner, including physicians, advance practice nurses, hospitals, nursing homes, clinics and others; and

     WHEREAS, medical malpractice liability is capped at six hundred thousand dollars ($600,000) for health care providers who qualify by contributing to the patient's compensation fund; and

     WHEREAS, certain practitioners, such as nurse midwives, nurse practitioners, dentists and others, are required to carry three million dollars ($3,000,000) in malpractice coverage; and

     WHEREAS, some health care providers are not included under the Medical Malpractice Act and thus do not qualify under its provisions; and

     WHEREAS, insurance coverage is not available for certain types of practitioners and certain types of services, including home births; and

     WHEREAS, options may be available to address this escalating crisis, including amending the Medical Malpractice Act, creating a joint underwriting association, purchasing coverage through the risk management division of the general services department, creating a separate liability act or self-insuring;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico health policy commission and the insurance division of the public regulation commission be requested to convene a task force of representatives from statewide health care practitioner groups, including the New Mexico medical society, the American college of nurse-midwives, the New Mexico nurse anesthetist association, the New Mexico midwives association, the New Mexico dental association, the New Mexico hospital and health systems association, the New Mexico health care association, the New Mexico trial lawyers association and foundation, the office of the governor and others, to examine the malpractice insurance dilemma and its impact on providers and patients; and

     BE IT FURTHER RESOLVED that the task force examine the statutes, constitutional provisions, regulations and court decisions governing medical malpractice; and

     BE IT FURTHER RESOLVED that the task force submit its findings and recommendations, including legislative initiatives for malpractice insurance reform for health care providers, by November 1, 2005 to the legislative health and human services committee, the legislative finance committee, the department of health and the office of the governor; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico health policy commission and

the insurance division of the public regulation commission.