Latest news with #SenateHealthandPublicAffairsCommittee
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
10-03-2025
- Politics
- Yahoo
Lawmakers push for massage parlors to have more accountability and greater oversight
NEW MEXICO (KRQE) – Accountability and greater oversight, that's what lawmakers are hoping massage parlors will have, after seeing several cases throughout the state where some shops have promoted prostitution and human trafficking. Story continues below Albuquerque: Family speaks following lawsuit settlement for man shot by police Don't Miss: Officials to give update on deaths of Gene Hackman and his wife Politics: Three candidates have announced campaigns for Albuquerque mayor Albuquerque police raided what they called an illegal massage parlor last July, after connecting the building to a website offering sex services. And while they charged a woman with promoting prostitution, the case has since been dismissed. Now legislators are introducing a bill to regulate how those businesses operate. 'Currently, there's no type of licensing process that offers protection or checks for what's happening in these businesses,' said Sen. Heather Bergmans (D-Albuquerque.) The Massage Therapy Licensure Bill would put massage therapy establishments under the state's regulation and licensing department. 'With having an established licensure process and inspection process for these types of businesses, we can prevent human trafficking. And if that situation is happening, have another easier avenue for discovering that situation,' said Bergmans. After being heard in the Senate Health and Public Affairs Committee, the bill faced some opposition. 'I think what's going to happen to some of these places that are probably operating doing nefarious activities is they're going to go to the home place,' said Senator Jay C. Block (R). Since the bill currently excludes home-based providers, concerned legislators say the same illicit behaviors could continue under the radar. But supporters offer a different perspective, 'We know that it's really important to legitimate professional massage therapists who do this in their home to not have to also have the burdens of regulating their home as if it is an establishment,' said Bergmans. The bill was first introduced in the 2019 legislative session but was not passed. This year, with two weeks left in the session, supporters are hopeful it will be signed into law. 'If there is a situation of human trafficking, and someone is aware of that, they can always tip a police officer off or notify law enforcement in some way, but that's really the only way right now,' said Bergmans. The Massage Therapy Licensure bill passed on a 6-4 vote and is headed to the Senate Judiciary Committee. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
18-02-2025
- Politics
- Yahoo
New Mexico Senate to judge parole reforms
Concertina wire tops a fence at a detention facility. (Getty Images) A proposal to modernize New Mexico's parole board and change the way its members can consider an incarcerated person's request for parole is headed to the state Senate. Sens. Leo Jaramillo (D-Española) and Andrea Romero (D-Santa Fe) and Rep. Nicole Chavez (R-Albuquerque) are sponsoring Senate Bill 17, which introduces evidence-based practices when the board is considering whether to release someone who is serving a life sentence in prison. SB 17 also clarifies crime victims' role in its deliberations and creates a process for removing members to protect their political independence. The Senate Health and Public Affairs Committee on Feb. 6 voted 8-1 to pass the bill, and the Senate Judiciary Committee on Feb. 12 voted unanimously to send it to the full Senate. The bill has support from the Parole Board itself, the American Civil Liberties Union of New Mexico, and the Law Offices of the Public Defender. The legislation also changes the guidance to parole board members about how they should consider incarcerated people's requests for parole. Rather than asking parole board members to focus on the incarcerated person's conduct that led to their conviction, the bill would require them to instead focus on how they have acted since they went behind the New Mexico Corrections Department's walls. In other words, the bill would guide parole board members to evaluate the incarcerated person's conduct after a judge sentences them to figure out if they have shown they are ready to be released back into their community. It would also require the board to hear from victims' families or representatives in the case before making a decision. Over the past year, the board has gone through 'numerous' changes in membership, Director Roberta Cohen told lawmakers on Feb. 6. The bill would prohibit the governor from removing a member unilaterally, but allow the governor or the board to remove members for incompetence, neglect of duty or malfeasance in office. This story originally misidentified Nicole Chavez's position. Source regrets the error. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
