SENATE MEMORIAL 57

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

James G. Taylor

A MEMORIAL

REQUESTING THE SECRETARY OF HUMAN SERVICES AND THE SUPERINTENDENT OF INSURANCE TO STUDY THE INCREASING COST OF MEDICAL MALPRACTICE AND PROFESSIONAL LIABILITY INSURANCE FOR HEALTH CARE PROVIDERS AND FACILITIES.

     WHEREAS, medical malpractice and professional liability insurance rates continue to rise in New Mexico despite the limitations on recovery set forth in the Medical Malpractice Act; and

     WHEREAS, currently, there is no limitation on recovery for liability of nursing facilities and health care providers that are not covered by the Medical Malpractice Act, driving the cost of medical malpractice and professional liability insurance even higher for those practitioners and facilities; and

     WHEREAS, nurses, nurse anesthetists, midwives, dentists and other health care practitioners face such high medical malpractice and professional liability insurance rates that the premiums threaten the financial stability of their practice; and

     WHEREAS, long-term care facilities, nursing homes and other health care facilities are required to pay increasingly high malpractice and professional liability insurance rates, and those premiums threaten the continued operation of those facilities; and

     WHEREAS, unsubstantiated claims against health care providers and facilities contribute to the increase in medical malpractice and professional liability insurance premiums; and

     WHEREAS, according to the New Mexico health policy commission, all but one county in the state has a shortage of health care providers; and

     WHEREAS, the health and welfare of the people of New Mexico require availability of and access to health care providers and facilities for all New Mexicans;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the secretary of human services and the superintendent of insurance be requested to assemble a task force that includes representatives from the New Mexico health care association, the New Mexico trial lawyers association, the New Mexico defense lawyers association, the risk management division of the general services department, the insurance industry, health care providers, health care facilities and other relevant and interested parties; and

     BE IT FURTHER RESOLVED that the task force be requested to study how medical malpractice and professional liability insurance can be made more affordable to health care providers and facilities and to examine alternatives to current policies on medical malpractice and professional liability insurance, such as encouraging competition among insurers, providing limitations on claims and stemming any abuse in the system; and

     BE IT FURTHER RESOLVED that the task force be requested to present its report and recommendations no later than November 2008 to the interim legislative committee that oversees the judiciary and to the interim legislative committee that oversees health and human services; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of human services and the superintendent of insurance.

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