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.167076.1

HOUSE MEMORIAL 25

48

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Elias Barela

A MEMORIAL

REQUESTING THE INSURANCE DIVISION OF THE PUBLIC REGULATION

COMMISSION TO STUDY THE EFFECTS OF REVISING THE LIMITATION OF

RECOVERY IN THE MEDICAL MALPRACTICE ACT.

WHEREAS, the Medical Malpractice Act, in order to promote

the health and welfare of the people of New Mexico by making

available professional liability insurance for health care

providers in New Mexico, provides for a limitation of the

recovery available to persons that have been harmed by the

negligence of health care providers qualifying under that act;

and

WHEREAS, the limitation of recovery has not been revised

since 1995; and

WHEREAS, the purchasing power of the limitation of

recovery has steadily declined since 1995; and

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.167076.1

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WHEREAS, the existence, size and structure of the

limitation of recovery have an effect on medically injured

patients and on health care providers covered under the Medical

Malpractice Act; and

WHEREAS, New Mexico needs to balance the goal of providing

full and fair compensation to medically injured patients with

the goal of attracting and retaining skilled health care

providers in New Mexico; and

WHEREAS, improvements in the safe delivery of health care

to New Mexicans is of paramount importance; and

WHEREAS, the superintendent of insurance is required by

the Medical Malpractice Act to periodically perform an

actuarial study of the patient's compensation fund, the next

such study is due to be performed during 2007, and the scope of

such study may be expanded to include review and analysis of

various scenarios with regard to adjustment to the limitation

of recovery under the Medical Malpractice Act;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that the insurance

division of the public regulation commission be requested to

study the merits and effects of revising the limitation of

recovery for malpractice claims under the Medical Malpractice

Act; and

BE IT FURTHER RESOLVED that the insurance division of the

public regulation commission be authorized to request the

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.167076.1

assistance and advice of any parties that may be affected by or

be knowledgeable of the likely consequences of revisions of the

limitation of recovery for malpractice claims under the Medical

Malpractice Act; and

BE IT FURTHER RESOLVED that the insurance division of the

public regulation commission report its findings and

recommendations by November 1, 2007 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 a copy of this memorial be

transmitted to the insurance division of the public regulation

commission.

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