HOUSE JOINT MEMORIAL 67

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Al Park

A JOINT MEMORIAL

REQUESTING THAT THE NEW MEXICO HEALTH POLICY COMMISSION APPOINT A TASK FORCE TO STUDY POSSIBLE LEGISLATIVE SOLUTIONS TO THE MALPRACTICE INSURANCE CRISIS FACING HEALTH CARE PRACTITIONERS AND PROVIDERS.

     WHEREAS, there is an escalating crisis in health care access due to skyrocketing malpractice insurance premiums for all types of health care practitioners and providers; and

     WHEREAS, declining medicare and medicaid reimbursement rates affect every type of practitioner and provider, including physicians, advance practice nurses, hospitals, nursing homes and health care clinics; and

     WHEREAS, medical malpractice liability is capped at two hundred thousand dollars ($200,000) for those physicians who participate in the patient's compensation fund; and

     WHEREAS, practitioners and providers, including certified nurse-midwives, certified nurse practitioners, dentists, hospitals and others, must carry one million dollars ($1,000,000) or more in malpractice insurance coverage; and

     WHEREAS, hospitals, nursing homes, health care clinics and others either cannot or do not participate in the patient's compensation fund due to procedural constraints and cost concerns; and

     WHEREAS, malpractice insurance coverage for certain categories of practitioners and certain types of services is not even available; and

     WHEREAS, many options and remedies have been identified that might address this escalating crisis, including adding all practitioners and providers to the Medical Malpractice Act, creating a joint underwriting association, stratifying malpractice insurance coverages, allowing practitioners and providers to purchase insurance through the risk management division of the general services department, creating additional patient compensation funds or self-insuring;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico health policy commission be requested to appoint a task force to address the malpractice insurance crisis to be composed of representatives of the insurance industry; the insurance division of the public regulation commission; the governor's office; statewide associations with members affected by this crisis representing licensed midwives, dentists, hospitals, nursing homes and trial attorneys; and any other affected parties; and

     BE IT FURTHER RESOLVED that the task force review all relevant state statutes and conduct a comprehensive review of laws, programs and approaches of other states; and

     BE IT FURTHER RESOLVED that the task force make recommendations on possible legislative solutions to the malpractice insurance crisis for all health care practitioners and providers to the appropriate interim legislative committee and the governor's office by November 2005; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the director of the New Mexico health policy commission.

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