Latest news with #SB176
Yahoo
28-03-2025
- Health
- Yahoo
Governor, advocates talk next steps after bills aimed at doctor shortage fail
Dr. Angelina Villas-Adams wants to "stop the bleed." And by that Villas-Adams, a gastroenterologist and president of the New Mexico Medical Society, means she wants to halt the flow of New Mexico medical providers to other states. "We need a fix for our state and for our patients … and we need a fix for the medical community, so that physicians and providers and clinicians can have a safe space to practice medicine," Villas-Adams said in an interview. That fix didn't come during this year's legislative session. Though lawmakers repeatedly framed New Mexico's shortage of medical providers as a priority, the Legislature failed to pass most of its major health care workforce reforms, including an overhaul of the medical malpractice system and interstate compacts to ease the arrival of practitioners. The health care worker shortage has grown so dire, in fact, that it created common ground among the Legislature's Republican leadership and Democratic Gov. Michelle Lujan Grisham. In comments following the conclusion of the session, both urged more work on the issue. In a letter to the governor, all six Republican legislative leaders called for "an immediate special session" to address "the inability of New Mexicans to receive health care due to the lack of medical professionals," in addition to the state's violent crime problem. 'I don't disagree with the Republican caucus's sentiment on malpractice and on our doctor shortage. It is real,' Lujan Grisham said during a news conference Saturday. There is always next year — though passing nonbudget-related bills during the 30-day budget session in 2026 will require special permission from the governor. But Villas-Adams argued the issue has to be addressed — and soon. "We don't have two years," she said. "People are having delayed diagnosis. People are going to die or are dying because they aren't getting access to care." This year's legislative session didn't move the needle on New Mexico's health care worker shortage, said Troy Clark, president and CEO of the New Mexico Hospital Association. "Where it leaves us today is, unfortunately, the same place we've been," he said in an interview. There's no "silver bullet" for the state's health care system, Clark said, there are simply "many, many, many things that need to be done." First on the list to recruit and retain doctors, he added, is addressing medical malpractice. There were several bills introduced this year to tackle that issue, the biggest being Senate Bill 176. Backed by nonpartisan think tank Think New Mexico, the proposal would have capped attorneys' fees at a quarter of settlement money or a third of jury award; created a reimbursement system to cover injured patients' medical expenses as they're incurred; and siphoned off 75% of any punitive damages to fund a 'patient safety improvement fund.' It inspired much discussion, with the New Mexico Medical Society and physicians arguing SB 176's changes were essential to lower medical malpractice insurance premiums. Others spoke out against the bill, arguing for methods of retaining providers that don't take away from injured patients or the attorneys that represent them. SB 176 didn't get its first committee vote until March 14 — about a week before the end of the session — and it failed to advance from there. Think New Mexico also backed nine bills to add New Mexico to interstate compacts for various health care providers, which proponents argued would ease the process for providers to move to and practice in the state. All of them failed to make it across the finish line. But that's not to say lawmakers did nothing for health care policy during the session. "This Legislature this session did a lot of work to help incentivize more access to health care," House Speaker Javier Martínez, D-Albuquerque, said during an end-of-session news conference. This year's much-disputed tax package, House Bill 14, includes a gross receipts tax deduction for health care practitioners. And, the Legislature passed House Bill 586, which increases state oversight of hospital mergers and acquisitions. The bill's sponsor, House Majority Leader Reena Szczepanski, argued HB 586 would maintain health care access and affordability as New Mexico grapples with a particularly high rate of hospitals owned by private equity firms. "The more that private equity firms take over our health care facilities, particularly those in rural New Mexico, they are known for siphoning off profits and literally bankrupting these institutions," Martínez said. "And it is a real shame — it is a damn shame — that that is happening." So what now? 'I do think our medical [provider] shortage is a crisis," Lujan Grisham said on the final day of the session. "People die when they can't get access to health care. People die when they can't get a cancer diagnosis on time. People die when they can't get the right therapies. These are real issues in New Mexico.' She scolded lawmakers for blocking "any meaningful work" on medical malpractice reform and reiterated her commitment to keeping providers in New Mexico, noting her confidence that legislators will make investments in meaningful policy changes. Lujan Grisham promised to keep working on the issue. 'We could have done much more here," she said. "We fought and got some, but we didn't get all the resources we asked for to make sure that, while we negotiate a path on malpractice, that I could keep doctors here and recruit more of them.' Republican leaders are also ready to keep working, writing in their letter to Lujan Grisham, "We stand ready to work with our Democrat colleagues and your office in adopting effective answers to both our violent crime and health care crises." Senate Majority Leader Peter Wirth, D-Santa Fe, said finding a solution will require cooperation and compromise from all parties involved — though there is momentum, especially from Lujan Grisham, to keep those conversations going. "If there's things that we can do and make it better, I think we're open to that," Wirth said during the end-of-session news conference. "But again, we need to do that with the time to get it right."
Yahoo
16-03-2025
- Health
- Yahoo
Medical malpractice bill dies in Senate committee
Mar. 15—A bill intended to counter the shortage of health care providers in New Mexico by making changes in the state's Medical Malpractice Act failed to clear a Senate committee. Members of the Senate Health and Public Affairs Committee voted 5-4 against the bill following a two-hour debate Friday evening. Senate Bill 176, which sought to limit attorney fees in medical malpractice cases, drew strong opposition from trial lawyers and patients injured by medical malpractice. It was the only one of the six bills before the Legislature that had a shot of passing at a time when New Mexicans are facing a critical shortage of doctors, in part because New Mexico is one of the most expensive states to insure for medical malpractice given the number of lawsuits filed here annually. Providers and insurers pay out over $100 million a year in medical malpractice settlements, as a percentage of premiums collected by far more so than every other state in the union. And, as the Journal reported last week, Democratic state legislators are by far the biggest recipients of trial lawyer money. Discussion at times became emotional as lawmakers described personal health issues involving themselves and family members. Sen. Cindy Nava, D-Bernalillo, who voted against SB 176, wept as she described surviving a brain tumor removed by a surgeon who has since left New Mexico for reasons unrelated to medical malpractice. Nava said she favors legislation that would invest in physicians and encourage them to come to New Mexico. "I just don't see this piece of legislation doing that," she said. Senate Bill 176 would end lump-sum payouts from the state's patient's compensation fund, which helps providers pay for malpractice settlements. Instead, it would require that payments be made as expenses are incurred by patients. The bill, which had 24 sponsors as of Friday, also would cap attorney fees in malpractice cases at 25% in cases settled before trial and 33% if the case goes to trial. A third provision on SB 176 would dedicate 75% of punitive damages to a new patient safety improvement fund administered by the state Department of Health. Money from the fund would be appropriated by the Legislature to improve patient safety and health care outcomes. Nava and others expressed discomfort with the creation of the new fund that would receive the lion's share of punitive damages. "I'm really offended by the idea of taking 75% of a punitive damage award from an injured party and giving it to a state-run fund," said Sen. Antoinette Sedillo Lopez, D-Albuquerque, who voted against the bill. "It takes away a portion of the money that the victim should get to punish the hospital for outrageous behavior." The bill's failure to emerge from committee essentially kills any chance of a medical malpractice measure passing in this session, said Sen. Martin Hickey, D-Albuquerque, a sponsor of SB 176. "I actually think that we were able to get the facts out, that trial lawyers are bringing cases without merit and getting settlements," said Hickey, who testified Friday in favor of the bill. The bill's failure will hamper the state's ability to expand the physician workforce, he said. Hickey told committee members that physicians and practice groups often feel compelled to settle lawsuits before trial to avoid the risk of a large punitive damage award. "That's what puts fear into the hearts of physicians in New Mexico," Hickey testified. Leaders of single-specialty practice groups say that "virtually every case now comes with the threat of punitive damages if they don't settle." All settlements are listed in a national database, which can make it harder for physicians to find jobs, he said. The number of reported payments made in medical malpractice cases involving New Mexico physicians have increased from 84 in 2020 to 130 in 2024, according to the National Practitioners Data Bank. Hickey also testified that several malpractice lawsuits have resulted in historically large jury awards in recent years, including a $412 million jury verdict in 2024 that he described as the largest-ever malpractice award in U.S. history. That case involved a 66-year-old Rio Rancho widower who sued the now-closed NuMale Medical Center in Albuquerque after receiving alleged dangerous penile injections in 2017. The clinic was part of a Las Vegas, Nevada, chain that filed for bankruptcy in February, according to court records. The 2000 lawsuit alleged the widower sought treatment for fatigue and weight management, but was misdiagnosed and treated for erectile dysfunction, according to his lawsuit. As a result, he was left with a scarred and nonfunctional penis, the lawsuit alleged. A jury took less than four hours to award him $37 million in compensation for his lifetime medical needs and $375 million in punitive damages. Sen. Angel Charley, D-Acoma, said a 25% cap on attorney fees would put New Mexico patients in a situation similar to those who rely on care from the Indian Health Service, which is subject to federal tort claims laws. "That means attorneys will not take a medical malpractice lawsuit," said Charley, who voted against the measure. "I don't want this state to have the same kind of health care that we have on the reservation." Committee members who voted against the bill were Nava, Charley, committee chair Sen. Linda Lopez, D-Albuquerque, and Sen. Shannon Pinto, D-Tohatchi. Those supporting the bill were Hickey, Sen. Jay Block, R-Rio Rancho, Sen. Larry Scott, R-Hobbs, and Sen. David Gallegos, R-Eunice. Lisa Curtis, an Albuquerque medical malpractice attorney, cheered the bill's defeat following the vote. "It's a horrible bill," Curtis said. "It does nothing to fix the problems." She blamed the malpractice suits on hospital corporations that engage in ruthless cost-cutting and pay physicians based on their productivity. "Nobody is willing to talk about the private equity guys that are choosing to put their money in the New Mexico health care system because it's so profitable," she said. Fred Nathan, executive director of Think New Mexico, which helped draft the legislation, said the bill received strong support from both Democrats and Republicans. "Naturally we're disappointed, but we remain encouraged by the support it garnered," he said. The bill ultimately had 24 co-sponsors, including 12 Republicans and 12 Democrats. "This is a solid foundation that we can build on going forward."
Yahoo
15-03-2025
- 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.
Yahoo
13-03-2025
- 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.
Yahoo
09-03-2025
- Health
- Yahoo
Medical malpractice bill yet to be heard in Senate committee. Major campaign donors connected to issue
Mar. 9—Five Democrats on the committee where a medical malpractice bill is waiting to be heard received some of their largest campaign contributions from the New Mexico Trial Lawyers Association. There are six bills related to medical malpractice filed in the Legislature, but only one appears to have a slim path to passage: Senate Bill 176, which would curb medical malpractice liability without limiting caps in an effort to make the state more appealing to doctors. The bill has amassed 23 cosponsors, but seems unlikely to pass this session, as it's been assigned to three committees, none have heard it yet, and the session is due to end in just two weeks. The Senate Health and Public Affairs Committee teased scheduling the bill over the last week, but has not yet done so. Supporters of Senate Bill 176 argue that New Mexico's medical malpractice laws have made the state a magnet for out-of-state attorneys and discourage doctors from practicing in New Mexico, contributing to the state's provider shortage. Critics, like the New Mexico Trial Lawyers Association, say the bill will make it more difficult for injured patients to sue health care providers. In 2022, New Mexico had the highest medical malpractice insurance loss ratio in the country, according to a recent Think New Mexico report, meaning insurers paid out 183% of the premiums they took in. New Mexico was one of seven states where insurers lost money, making it more expensive for them to function in the market. The New Mexico Trial Lawyers Association's PAC, the Committee on Individual Responsibility, spent $556,354 in the 2024 election cycle, according to the New Mexico Secretary of State database. Its largest donations were $52,000 to the Brian Egolf Speaker Fund, a political action committee that works to grow the Democratic majority in the state House, and $52,000 to the New Mexico Senate Democrats. SB176's lead sponsor did get thousands in campaign donations from health care organizations advocating for providers in 2024 — groups that could benefit from medical malpractice reform. Some medical-field political action committees also spent large sums. The New Mexico Health Care Association is a trade organization for facility-based long-term care providers, and its PAC spent over $125,850 in the 2024 election cycle, according to the Secretary of State database. The New Mexico Hospital Association's PAC spent $84,826 for the election cycle. Lawyer and law firm donations In addition to the trial lawyers' generous donations to Democrats' House and Senate election arms, committee members who will debate the bill, if it ever comes up, were also beneficiaries of large donations from the trial lawyer PAC and individual lawyers. A committee chair decides when a bill can be heard. Democratic Committee Chair Sen. Linda Lopez's highest 2024 campaign donor was the New Mexico Trial Lawyers Association, with $10,500, according to the Secretary of State's database. She also received over $10,500 in donations from lawyers and law firms, according to her campaign filings. Committee member Sen. Cindy Nava, D-Bernalillo, was the ninth-highest earner for 2024 New Mexico Legislature general election candidates, raising $164,000. Nava received $7,000 from the Trial Lawyers Association, her third-highest donor, and over $12,000 from lawyers or law firms. Sen. Shannon Pinto, D-Tohatchi, received $6,000 from the New Mexico Trial Lawyers Association, her top donor for the 2024 campaign cycle. Sen. Angel Charley, D.-Acoma, received $6,000 from the New Mexico Trial Lawyers Association, her second-highest donor in 2024. Sen. Antoinette Sedillo Lopez, D-Albuquerque, is a retired attorney and law professor. In 2024, she received $1,000 from the Trial Lawyers Association and $1,000 from Presbyterian Hospital, making the organizations tie, along with Indian Pueblos Marketing Inc., for her second-highest campaign contributor, according to the Secretary of State's database. The only Democrat on the committee who did not get a direct donation from the Trial Lawyers Association is the bill's lead sponsor and the committee vice-chair, Sen. Martin Hickey of Albuquerque. Hickey did receive approximately $3,000 in donations from individual lawyers or law firms, according to his campaign filings. Medical-field donations All the Democrats in the Senate Health and Public Affairs Committee, where the bill is waiting to be heard, had hundreds, and sometimes thousands, in donations from health care organizations, but SB176's lead sponsor, Hickey, had significantly more. Hickey is a retired doctor and got thousands in campaign donations from individual physicians. The largest was $7,000 from an Albuquerque gastroenterologist. His campaign also garnered over $16,000 from health care organizations, including $3,500 from Molina Healthcare, $2,000 from Lovelace Health Systems and $3,000 from a statewide hospital trade association. Hickey was the fifth-highest earner for 2024 state Legislature general election candidates, raising $191,000 for his campaign. Republican committee members For most of the committee's Republican members, their top campaign contributors came from the construction and oil and gas industries. None had donations from the New Mexico Trial Lawyers Association. Three of the four had donations from medical organizations comparable to most of the committee's Democrats, but none rivaled the amount of medical-field-related donations that Hickey received. Republican Committee member Sen. Jay Block, R-Rio Rancho, is an SB176 cosponsor. Block had no significant contributions clearly connected to the medical field. He did have a $521 contribution from a personal injury lawyer in Albuquerque. Cathy Cook is a news reporter for the Albuquerque Journal. Reach her via email at ccook@ Journal staff writer Olivier Uyttebrouck contributed to this report.
