HOUSE BILL 15

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Marianna Anaya

 

 

 

 

 

AN ACT

RELATING TO HEALTH CARE; ENACTING THE MEDICAL INJURY COLLABORATIVE RESOLUTION ACT TO PROVIDE FOR ADVERSE OUTCOME CONFERENCES BETWEEN PATIENTS AND HEALTH CARE PROVIDERS AFTER THE OCCURRENCE OF ADVERSE HEALTH CARE OUTCOMES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 44 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Medical Injury Collaborative Resolution Act"."

     SECTION 2. A new section of Chapter 44 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Medical Injury Collaborative Resolution Act:

          A. "adverse health care outcome" means an undesirable experience associated with patient care that results in the death or injury of a patient;

          B. "adverse outcome conference" means a formal meeting between a health care provider and a patient or, if the patient is an unemancipated minor under the age of eighteen, deceased or incapacitated, the patient's representative, that includes an open and candid conversation about the nature of an adverse health care outcome;

          C. "health care provider" means a person, a

corporation, an organization, a facility or an institution

licensed or certified by this state to provide medical services that is involved in an adverse health care outcome; and

          D. "patient" means a person who suffered an adverse health care outcome."

     SECTION 3. A new section of Chapter 44 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ADVERSE HEALTH CARE OUTCOMES--ADVERSE OUTCOME CONFERENCES--CONFIDENTIALITY.--

          A. A patient or a patient's representative and a health care provider may agree to enter into an adverse outcome conference after an adverse health care outcome occurs.

          B. Statements made during an adverse outcome conference shall not establish fault or negligence or the defense thereto and shall not limit or apportion damages.            C. Statements made outside of an adverse outcome conference are not provided any protections under the Medical Injury Collaborative Resolution Act, even if those statements are also made during an adverse outcome conference.

          D. If a health care provider makes an offer to compensate a patient or a patient's family for the patient's injury or injuries, the offer shall remain open for at least fifteen calendar days.

          E. If a health care provider and a patient or the patient's representative agree to enter into a settlement as a result of an adverse outcome conference, the parties shall negotiate the terms and form of a release and obtain court approval as necessary."

     SECTION 4. A new section of Chapter 44 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] NOTICE OF DESIRE TO ENTER INTO AN ADVERSE OUTCOME CONFERENCE.--

          A. A health care provider may request an adverse outcome conference by giving written notice to the patient or the patient's representative of desire to participate in an adverse outcome conference. The notice shall include:

                (1) an explanation of the patient's right to receive a copy of the medical records related to the adverse health care outcome;

                (2) a statement regarding the patient's right to seek legal counsel and to have legal counsel present during the adverse outcome conference;

                (3) a copy of Section 41-5-13 NMSA 1978, including a notice that the time for a patient to bring a lawsuit is limited and will not be extended by engaging in an adverse outcome conference; and

                (4) an explanation that if the patient or the patient's representative chooses to participate in an adverse outcome conference with the health care provider, statements made during an adverse outcome conference do not establish fault or negligence or the defense thereto and shall not limit or apportion damages.

          B. A patient or a patient's representative may request an adverse outcome conference by providing a health care provider with written notice of desire to enter into an adverse outcome conference. The notice shall include the patient's name and date of birth and a brief statement of the adverse health care outcome at issue."

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