HOUSE MEMORIAL 116

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Keith J. Gardner

A MEMORIAL

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

     WHEREAS, medical and professional liability insurance rates continue to rise in New Mexico for providers who do not have a statutory limitation of liability; and

     WHEREAS, currently, there is no statutory limitation on recovery for liability of nursing facilities, hospitals and some health care providers, which is driving the cost of medical and professional liability insurance even higher for those practitioners and facilities; and

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

     WHEREAS, long-term care facilities, nursing homes and other health care facilities are required to pay increasingly high medical 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 and professional liability insurance premiums; and

     WHEREAS, according to the New Mexico health policy commission, all but one county in the state have 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 HOUSE OF REPRESENTATIVES 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 medical and professional liability 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 and professional liability insurance can be made more affordable to health care providers and facilities and to examine alternatives to current policies on medical and professional liability insurance, 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 2009 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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