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F I S C A L I M P A C T R E P O R T
SPONSOR Taylor
DATE TYPED 2/21/05
HB HM 13
SHORT TITLE Support President’s Malpractice Reform
SB
ANALYST Ford
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to
HM 7, HJM 67
SOURCES OF INFORMATION
LFC Files
Responses Received From
Department of Health (DOH)
General Services Department (GSD)
SUMMARY
Synopsis of Bill
House Memorial 13 makes findings related to the negative impact of increasing medical mal-
practice awards and malpractice insurance premiums and calls upon the New Mexico congres-
sional delegation to support the President’s medical malpractice liability reform proposal.
Significant Issues
The President’s medical malpractice liability reform proposal would limit non-economic awards
to no more than $250 thousand. According to DOH, this cap is lower than New Mexico’s cap of
$600 thousand. New Mexico law provides two other protections which would not be pre-empted
by federal law, including a review by a commission before a claim is brought to court and a time
limit in which claims can be filed.