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Medical malpractice overhaul fails in first committee
Medical malpractice overhaul fails in first committee

Yahoo

time15-03-2025

  • Health
  • Yahoo

Medical malpractice overhaul fails in first committee

Supporters of overhauling medical malpractice laws in New Mexico likely will have to wait another year. The Senate Health and Public Affairs Committee voted 5-4 Friday night against Senate Bill 176, with Republicans on the panel in favor of the bill and Democrats split but mostly opposed. SB 176 would have faced high hurdles even if it had survived its first committee, as it would have needed to face additional committee hearings and then a vote of the full Senate before repeating the same process in the House — all with just a week left in this year's legislative session. Medical providers and hospitals have been complaining for years that the cost of medical malpractice insurance makes it hard to operate in New Mexico. SB 176, which had about two dozen co-sponsors from both parties, would have capped attorneys' fees in malpractice cases and siphoned off 75% of punitive damages to finance a "patient safety improvement fund" intended to preempt medical malpractice through reducing staff-to-patient ratios and improving training and equipment. Sen. Martin Hickey, D-Albuquerque, one of the bill's sponsors, said that while the doctor shortage is a nationwide problem, it is hitting New Mexico harder than other states. New Mexico is losing doctors, he said, and will not be able to care for its aging population unless it can attract more. 'The elephant is moving past the throat of the larynx of the state ... and the demand for care is going to way outstrip what we can supply,' Hickey said. Other supporters talked about the struggles of rural areas in particular. Sen. David Gallegos, R-Eunice, said doctors will continue to flee to neighboring states if New Mexico doesn't bring costs down for them. 'It is critical we have the same opportunities as the docs in Texas,' he said, or New Mexico will continue to lose doctors. However, the bill's opponents worried it would make things harder for patients who are wronged while rewarding the hospitals and doctors who wronged them. Sen. Antoinette Sedillo Lopez, D-Albuquerque, spoke at length against the bill, accusing hospitals of using 'the sky is falling rhetoric' to get out of what they agreed to during a 2021 overhaul to the state's Medical Malpractice Act. Sedillo Lopez said the real problem is the role of profit in the health care system and said she was disappointed a bill introduced this year to require review when a private equity company tries to buy a hospital stalled in a committee and likely will not pass. SB 176, she said, would be "giving a gift basket to these private equity hospitals that are not letting doctors make decisions about their own cases." Sen. Angel Charley, D-Acoma, said she was so offended she had to walk away from a colleague who said on the Senate floor Friday morning winning punitive damages was 'like hitting the jackpot.' Charley said her aunt was one of the people with stories of medical malpractice who testified before the committee Wednesday, the first day of the hearing. 'Her husband died,' Charley said. 'He's no longer here and she's going through life by herself now. That's 'like 'hitting the jackpot.' " Charley said many of her constituents rely on the Indian Health Service, which is regulated by the federal Tort Claims Act and which has caps similar to the ones in SB 176. 'That means attorneys will not take a medical malpractice lawsuit,' she said. '... I don't want this state to have the same kind of health care that we have on the reservation.' Charley told a story about her father, who went to see the doctor due to a toothache. To save money, she said, they pulled all of his teeth. 'I know what it's like to go to a hospital to receive care — or lack of care — from an institution that has the rates we're trying to advocate for here,' she said.

Lawmakers receive feedback on bill that would cap medical malpractice lawyers' fees
Lawmakers receive feedback on bill that would cap medical malpractice lawyers' fees

Yahoo

time13-03-2025

  • Health
  • Yahoo

Lawmakers receive feedback on bill that would cap medical malpractice lawyers' fees

NEW MEXICO (KRQE) – Where are all the primary care physicians in New Mexico and why are residents traveling out of state to get the care they need? Lawmakers are tackling these questions with a controversial bill. Those for SB 176 blame medical malpractice lawyers for pushing doctors out of state, while those against it blame corporate greed. Story continues below Investigation: Disguised cannabis illegally peddled at New Mexico convenience stores Don't Miss: Infant surrendered at Belen baby box officially adopted Jobs: Fired Veterans Affairs worker in New Mexico describes shock of losing job 'I must acknowledge it is harder and harder to practice medicine here every day,' said one New Mexico doctor. A New Mexico doctor pleaded with lawmakers in the Senate Health and Public Affairs Committee to pass a bill she believes could bring more doctors to the state. 'We are exhausted and demoralized, we are physically unable to meet the needs of our own patients and meet the demands of the state, and we can't access care for our patients cause of shortages across all specialties,' said another New Mexico doctor. But others oppose the bill, saying it won't fix the shortage and would hurt patients instead. 'This bill does nothing to make health care safer for New Mexico, and instead further limits injured patients' rights to seek justice,' said one New Mexican. So, what would the bill do? Well, first it would cap attorneys' fees in medical malpractice lawsuits. Secondly, it would end lump sum payouts from the patient compensation fund and finally it would send 75% of any punitive damages awarded to victims, to a new public fund designed to improve patient safety. 'The number of cases and the settlements have gone up dramatically in the state,' said Senator Martin Hickey, (D-Albuquerque). Sponsors argue New Mexico has no cap for attorneys' fees, which has attracted more lawsuits and increased the cost of insurance, which in turn would burden smaller practices. 'This bill does nothing to protect New Mexicans. It doesn't do anything to protect the doctors. So, who does it protect? It protects the insurance companies and the out-of-state for profit corporations. That the doctors are also a victim of,' said a New Mexico Attorney. One family held up a photo of a baby whose life they say was lost because of the negligence of a doctor. They explained that the cost of going up against large corporations with out-of-state lawyers is expensive. 'You increase profits to those businesses that are hurting and killing New Mexicans,' said the baby's mother. 'We have a target on our back because of the hostile legal system that allows baseless punitive damages to be alleged,' said a New Mexico doctor. Lawmakers are set to decide on if the bill will move out of committee on Friday. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Bill to increase taxes on e-cigarette products draws mixed opinions
Bill to increase taxes on e-cigarette products draws mixed opinions

Yahoo

time04-03-2025

  • Health
  • Yahoo

Bill to increase taxes on e-cigarette products draws mixed opinions

SANTA FE, N.M. (KRQE) – E-cigarette users may soon be paying more at the cash register. Senate Bill 20, which would raise taxes for vaping supplies, is moving through the legislature, with sponsors saying the goal is to keep them out of the hands of teens. Lawmakers have proposed similar bills in previous sessions. Once again, today, it drew mixed opinions. 'Hopefully, [it will] influence and help children stop taking up nicotine in their school years,' said Senator Martin Hickey (D-Albuquerque). Preventing youth from using and becoming addicted to nicotine is what Senator Martin Hickey says his new tax bill is meant to do while also generating money for the state. The bill would raise the tax retailers pay on e-cigarettes and e-liquids from 12.5% to 40%. The same goes for closed-system cartridges, which are currently taxed at 50 cents per unit. Senator Hickey says that other states that have imposed higher tax rates have seen a reduction in teens using nicotine products. New Mexico Senate passes Turquoise Alert Bill Supporters of the bill say the problem needs to be addressed. 'We have an e-cigarette epidemic in our schools, and you can ask your local principals, teachers and kids are vaping in bathrooms and it's a big, big issue,' said Mahesh Sita with the American Heart Association. Meanwhile, others argue it will not deter behavior, while negatively impacting law-abiding adults. 'Tobacco taxes are the most regressive of any tax we can impose on our constituents. they affect the most financially vulnerable the most,' said Art Hall with Native Trading Associates. The bill would also create a new nicotine use prevention and control fund to help educate youth on the dangers of nicotine. 'It starts here. If we can stop the addiction to nicotine, by discouraging the uptake in youth, we're going to have many less behavioral health problems down the line,' said Sen. Hickey. The bill passed today's committee with a 6-to-5 vote. It will now head to the Senate floor. If it passes there, it still needs to make its way through the house. The bill initially included a tax increase on traditional cigarettes and cigars, but the sponsors say they removed those as a compromise with opponents of the bill. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Bill raising NM's tax rate on vaping products, nicotine pouches advances Roundhouse
Bill raising NM's tax rate on vaping products, nicotine pouches advances Roundhouse

Yahoo

time19-02-2025

  • Business
  • Yahoo

Bill raising NM's tax rate on vaping products, nicotine pouches advances Roundhouse

Feb. 18—SANTA FE — A proposed tobacco tax increase in New Mexico is advancing at the Roundhouse after being slimmed down to target vape devices and nicotine pouches. The Senate Tax, Business and Transportation Committee voted 4-3 on Tuesday to advance a bill broadening the definition of nicotine and raising the tax rate for e-cigarettes and other products. Sen. Martin Hickey, D-Albuquerque, a retired physician who is the sponsor of the measure, Senate Bill 20, said it would likely generate between $5 million and $10 million annually. But he said the bill's primary goal is not to raise money amid an ongoing state revenue bonanza, but rather to deter young people in New Mexico from using vaping devices and nicotine pouches. "The reason for this bill is it is a youth health bill," he told reporters after Tuesday's committee vote. "It's the kids I'm trying to save from learning addictive behaviors that, if they do (learn them), will plague them with other substances potentially for the rest of their lives," he later added. In its initial form, the bill would have also increased the state's cigarette tax rate from $2 to $3 per pack, among other changes. But that provision was removed from the legislation amid pressure from lobbyists representing large tobacco companies, Hickey said. Several lobbyists and business owners still testified against the legislation on Tuesday, with one claiming youth e-cigarette usage in New Mexico has declined in recent years. Dan Coffman, the vice president of Gem State Distributors, a wholesaler of candy and tobacco products with an office in Albuquerque, said the bill would have "devastating consequences" on local convenience stores. He also predicted the legislation, if approved, could lead to increased sales of tobacco products in border towns just outside New Mexico. However, advocates say New Mexico's tobacco tax laws have not kept pace in recent years with the proliferation of recent synthetic nicotine products, including flavored pouches, toothpicks, lozenges and gum. Mahesh Sita, government relations director for the American Heart Association in New Mexico, cited data indicating about 25% of New Mexico high school students used vaping products at least once in the last 30 days. Specifically, the bill approved Tuesday would impose a 40% excise tax on the wholesale price of tobacco products, excluding cigarettes and cigars. It would also create a new fund, administered by the state Department of Health, that would help pay for nicotine prevention efforts. New Mexico currently levies a 12.5% tax on vaping products, along with a 50-cent tax per cartridge, according to Tax Foundation data. After Tuesday's committee hearing, Hickey expressed optimism the bill could win legislative approval during this year's 60-day session. "I've got a bill that's going to treat the disease, and I'm thrilled," he said. He also said the higher tax rate for e-cigarettes, nicotine pouches and other tobacco products would be only slightly higher than the state's cigarette tax rate. The state's current cigarette tax rate of $2 per pack ranks near the middle of the pack when it comes to the national average. New York currently has the nation's highest rate at $5.35 per pack, while Missouri has the lowest rate at just 17 cents per pack, according to American Lung Association data.

Fast-tracked behavioral health bills generate support, questions at Roundhouse
Fast-tracked behavioral health bills generate support, questions at Roundhouse

Yahoo

time30-01-2025

  • Health
  • Yahoo

Fast-tracked behavioral health bills generate support, questions at Roundhouse

Jan. 29—SANTA FE — A bipartisan package of bills expanding New Mexico's mental health and drug abuse treatment system received broad support Wednesday, but also prompted a slew of questions. The proposals would, as a whole, establish a behavioral health trust fund with up to $1 billion in startup money, while also setting up a new state government framework based on regional implementation plans. Specific programs that would get a funding increase include housing assistance, mental health clinics and law enforcement-run crisis intervention programs. Behavioral health has emerged as a key issue during this year's 60-day legislative session as lawmakers look for ways to reduce homelessness, drug use and violent crime. "It's a huge issue in the state and we're finally paying attention to it," said Sen. Martin Hickey, D-Albuquerque, during Wednesday's meeting of the Senate Health and Public Affairs Committee. The bills, Senate Bills 1, 2 and 3, are sponsored by a bipartisan group of senators, including the chamber's Democratic and Republican floor leaders — Peter Wirth of Santa Fe and William Sharer of Farmington. Wirth and other top Democrats have indicated the Senate could move quickly on the bills with the goal of getting them to Gov. Michelle Lujan Grisham's desk by the midway point of the 60-day legislative session that began last week. During Wednesday's committee hearing, the package was applauded by senators but also scrutinized. Senate Bill 1, the proposed trust fund legislation, was approved on a 10-0 vote. But action on the other two bills in the package was put off until next week after more than three hours of debate. Wirth indicated he was on board with the decision to delay a vote, saying all senators on the committee should have time to vet the bills. Meanwhile, Sen. Liz Stefanics, D-Cerrillos, said up to 50% of New Mexicans could eventually come in contact with the state's behavioral health system. "I think that we're talking about a very large number," she said, citing increased rates of depression, alcoholism and other conditions. Sen. Jay Block, R-Rio Rancho, talked about his own experiences with post-traumatic stress disorder following his deployment to Afghanistan and growing up with a parent who struggled with drug use. "I don't want another kid to go through what I went through, or another veteran to go through what I went through," Block said. But he also asked about data-tracking mechanisms in the behavioral health package, saying, "If we're not making progress, we just can't keep throwing more and more money at it." New Mexico has one of the nation's highest suicide rates, and more than one-third of state residents reported anxiety or a depressive disorder in 2023, according to Kaiser Family Foundation data. While the state is projected to spend roughly $1.1 billion on behavioral health programs in the current budget year, the state's behavioral health collaborative had not met in over one year and did not have an appointed director as of last fall, according to legislative data.

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