SENATE MEMORIAL 108

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Stuart Ingle and Gay G. Kernan

A MEMORIAL

REQUESTING A TASK FORCE TO STUDY MATTERS PERTAINING TO THE MEDICAL MALPRACTICE ACT AND TO RECOMMEND APPROPRIATE AMENDMENTS TO THE MEDICAL MALPRACTICE ACT TO MAKE AVAILABLE AFFORDABLE MEDICAL PROFESSIONAL LIABILITY INSURANCE AND APPROPRIATE INSURANCE RECOVERY FOR MEDICAL INJURY PATIENTS.

     WHEREAS, the Medical Malpractice Act was enacted in 1976; and

     WHEREAS, the legislature amended the Medical Malpractice Act in 1992 to increase the limit of liability from five hundred thousand dollars ($500,000) to six hundred thousand dollars ($600,000), to increase the underlying coverage from one hundred thousand dollars ($100,000) to two hundred thousand dollars ($200,000) and to allow the superintendent of insurance to increase surcharges for the patient's compensation fund; and

     WHEREAS, twenty-four hospitals, fifty-three outpatient facilities and almost double the number of health care providers recently became qualified health care providers pursuant to the Medical Malpractice Act; and

     WHEREAS, options to resolve the inequities and ambiguities of the current Medical Malpractice Act should be researched and resolved, and appropriate revisions to the Medical Malpractice Act should be presented to the legislature for consideration;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the superintendent of insurance be requested to convene a task force to recommend appropriate amendments to the Medical Malpractice Act to make available affordable medical professional liability insurance and appropriate insurance recovery for medical injury patients; and

     BE IT FURTHER RESOLVED that the task force be composed of representatives of the New Mexico medical society, the New Mexico hospital association, the New Mexico trial lawyers association, the New Mexico defense lawyers association, the New Mexico nurses association and the office of superintendent of insurance; and

     BE IT FURTHER RESOLVED that the office of superintendent of insurance be requested to provide an actuary to prepare an independent actuarial study of the patient's compensation fund and make appropriate recommendations to increase surcharges if necessary to make the fund actuarially sound; and

     BE IT FURTHER RESOLVED that the office of superintendent of insurance be requested to provide an actuary to assist the task force in determining whether projected changes to the limit of liability and other needed factors are necessary to ensure affordable and available medical professional liability insurance; and

     BE IT FURTHER RESOLVED that the superintendent of insurance be requested to staff and assist the task force in preparing a preliminary report of findings, recommendations and suggested legislative reforms to the governor and the appropriate interim legislative committees by November 1, 2019, with a final report to be issued by November 1, 2020, to the governor and the appropriate interim legislative committees; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the superintendent of insurance, the executive director of the New Mexico medical society, the president of the New Mexico hospital association, the executive director of the New Mexico nurses association, the executive director of the New Mexico trial lawyers association and the president of the New Mexico defense lawyers association.

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