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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