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F I S C A L I M P A C T R E P O R T

SPONSOR Rawson

DATE TYPED 3/10/05

HB

SHORT TITLE Support President’s Malpractice Reform

SB SM 20

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

Duplicates HM 13; Relates to HM 7, HJM 67

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

Senate Memorial 20 makes findings related to the negative impact of increasing medical mal-

practice awards and malpractice insurance premiums and calls upon the New Mexico congres-

sional delegation to support the President’s medical malpractice liability reform proposal.

Significant Issues

The President’s medical malpractice liability reform proposal would limit non-economic awards

to no more than $250 thousand. This cap is lower than New Mexico’s cap of $600 thousand.

New Mexico law provides two other protections which would not be pre-empted by federal law,

including a review by a commission before a claim is brought to court and a time limit in which

claims can be filed.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Senate Memorial 20 duplicates House Memorial 13 and relates to House Memorial 7 and House

Joint Memorial 67. House Memorial 7 calls on the New Mexico congressional delegation to

support the President’s class-action reform proposal and medical malpractice liability reform

proposal. House Joint Memorial 67 creates a task force to study the causes and effects of in-

creasing medical malpractice insurance rates.

EF/sb