New Mexico 2026 Regular Session Status: Enacted Bipartisan · 4 D · 1 R cosponsors

HB 99 — MEDICAL MALPRACTICE CHANGES

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 16, 2026. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on March 06, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 76% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 1 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

535 added · 978 removed

Plain-language change summary

The latest version of Bill HB 99 clarifies definitions related to medical malpractice, specifically by detailing terms such as "control" and "fund." It also introduces a limit on punitive damages in medical malpractice cases and mandates that payments from the patient's compensation fund be made as expenses occur rather than all at once. These changes aim to make the process of handling malpractice claims more straightforward and provide better financial management for patients and healthcare providers alike.

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HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 99 57TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2026 This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO MEDICAL MALPRACTICE;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
CLARIFYING DEFINITIONS IN THE MEDICAL MALPRACTICE ACT;
h g o t hr AN ACT g e i k RELATING TO MEDICAL MALPRACTICE;
LIMITING PUNITIVE DAMAGES IN MEDICAL MALPRACTICE CASES;
CLARIFYING DEFINITIONS IN THE h r i s h MEDICAL MALPRACTICE ACT;
REQUIRING PAYMENTS FROM THE PATIENT'S COMPENSATION FUND TO BE MADE AS EXPENSES ARE INCURRED.
LIMITING PUNITIVE DAMAGES IN MEDICAL , t, e u g MALPRACTICE CASES;
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
REQUIRING PAYMENTS FROM THE PATIENT'S e b l e e h COMPENSATION FUND TO BE MADE AS EXPENSES ARE INCURRED.
SECTION 1.
n d d i = = o h l ] b ,d i a º e r i = r BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 41-5-3 NMSA 1978 (being Laws 1976, Chapter 2, Section 3, as amended) is amended to read:
t e w d m a n o SECTION 1.
Section 41-5-3 NMSA 1978 (being Laws 1976, d m :
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e e a n e d r e l u [ A d HJC/HB 99 Chapter 2, Section 3, as amended) is amended to read:
"health care provider" means a person, a corporation, an organization, a facility or an institution licensed or certified by this state to provide health care or professional services as a doctor of medicine, a hospital, an h g outpatient health care facility, a doctor of osteopathy, a o t hr chiropractor, [podiatrist] a podiatric physician, a nurse g e i k anesthetist, a physician's assistant, a certified nurse h r i s h practitioner, a clinical nurse specialist or certified nurse- , t, e u g midwife or a business entity that is organized, incorporated or e b l e e h formed pursuant to the laws of New Mexico that provides health n d d i = = o h l ] b ,d care services primarily through natural persons identified in i a º e r i = r this subsection.
"health care provider" means a person, a corporation, an organization, a facility or an institution licensed or certified by this state to provide health care or professional services as a doctor of medicine, a hospital, an HJC/HB 99 Page 1 outpatient health care facility, a doctor of osteopathy, a chiropractor, a podiatric physician, a nurse anesthetist, a physician's assistant, a certified nurse practitioner, a clinical nurse specialist or certified nurse-midwife or a business entity that is organized, incorporated or formed pursuant to the laws of New Mexico that provides health care services primarily through natural persons identified in this subsection.
"Health care provider" does not mean a person t e w d m a n o d m :
"Health care provider" does not mean a person or an entity protected pursuant to the Tort Claims Act or the Federal Tort Claims Act;
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 2 - e a n e d r e l u [ A d HJC/HB 99 or an entity protected pursuant to the Tort Claims Act or the Federal Tort Claims Act;
"hospital" means a facility licensed as a hospital in this state that offers [in-patient ] inpatient services, nursing or overnight care on a twenty-four-hour basis for diagnosing, treating and providing medical, psychological or surgical care for three or more separate persons who have a physical or mental illness, disease, injury or rehabilitative condition or are pregnant and may offer emergency services.
"hospital" means a facility licensed as a hospital in this state that offers inpatient services, nursing or overnight care on a twenty-four-hour basis for diagnosing, treating and providing medical, psychological or surgical care for three or more separate persons who have a physical or mental illness, disease, injury or rehabilitative condition or are pregnant and may offer emergency services.
"hospital system" means a group of two or more h hospitals that are owned, operated or controlled by the same g o person or persons;
"hospital system" means a group of two or more HJC/HB 99 Page 2 hospitals that are owned, operated or controlled by the same person or persons;
t hr g e i k [F.] G.
G.
"independent outpatient health care h r i s facility" means a health care facility that is an ambulatory h , t, surgical center, an urgent care facility or a free-standing e u g e b l e e h emergency room that is not, directly or indirectly through one n d d i = = o h or more intermediaries, controlled or under common control with l ] b ,d i a º e a hospital.
"independent outpatient health care facility" means a health care facility that is an ambulatory surgical center, an urgent care facility or a free-standing emergency room that is not, directly or indirectly through one or more intermediaries, controlled or under common control with a hospital.
"Independent outpatient health care facility" r i = r t e w d m a n o includes a facility's employees, locum tenens providers and d m :
"Independent outpatient health care facility" includes a facility's employees, locum tenens providers and agency nurses providing services at the facility.
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 3 - e a n e d r e l u [ A d HJC/HB 99 agency nurses providing services at the facility.
[G.
H.
] H.
"independent provider" means a doctor of medicine, doctor of osteopathy, chiropractor, podiatric physician, nurse anesthetist, physician's assistant, certified nurse practitioner, clinical nurse specialist or certified nurse-midwife who is not an employee of a hospital or an outpatient health care facility.
"independent provider" means a doctor of medicine, doctor of osteopathy, chiropractor, [podiatrist ] podiatric physician , nurse anesthetist, physician's assistant, certified nurse practitioner, clinical nurse specialist or certified nurse-midwife who is not an employee of a hospital or an outpatient health care facility.
(a) licensed pursuant to the [Public Health Act] Health Care Code as an outpatient facility;
(a) licensed pursuant to the Health Care Code as an outpatient facility;
h (b) not an ambulatory surgical center, g o an urgent care facility or a free-standing emergency room;
HJC/HB 99 Page 3 (b) not an ambulatory surgical center, an urgent care facility or a free-standing emergency room;
and t hr g e i k (c) not hospital-controlled;
and (c) not hospital-controlled;
and h r i s (2) a business entity that is not a hospital h , t, or an outpatient health care facility that employs or consists e u g e b l e e h of members who are licensed or certified as doctors of n d d i = = o h medicine, doctors of osteopathy, chiropractors, [podiatrists ] l ] b ,d i a º e podiatric physicians , nurse anesthetists, physician's r i = r t e w d m a n o assistants, certified nurse practitioners, clinical nurse d m :
and (2) a business entity that is not a hospital or an outpatient health care facility that employs or consists of members who are licensed or certified as doctors of medicine, doctors of osteopathy, chiropractors, podiatric physicians, nurse anesthetists, physician's assistants, certified nurse practitioners, clinical nurse specialists or certified nurse-midwives and the business entity's employees;
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 4 - e a n e d r e l u [ A d HJC/HB 99 specialists or certified nurse-midwives and the business entity's employees;
I.
[H.
] I.
[I.
J.
] J.
h [J.
HJC/HB 99 Page 4 K.
] K.
"medical care and related benefits" means all reasonable medical, surgical, physical rehabilitation and custodial services and includes drugs, prosthetic devices and other similar materials reasonably necessary in the provision of such services;
"medical care and related benefits" means g o all reasonable medical, surgical, physical rehabilitation and t hr g e i k custodial services and includes drugs, prosthetic devices and h r i s other similar materials reasonably necessary in the provision h , t, of such services;
L.
e u g e b l e e h [K.
"occurrence" means a health care provider's or health care providers' acts or omissions in the course of medical treatment that created or combined to create an injury or injuries to a patient, regardless of the number of health care providers whose acts or omissions contributed to the injury or injuries;
] L.
provided that "occurrence" shall not be construed to limit recovery to only one maximum statutory payment when independent medical acts or omissions cause separate injury or injuries to a patient in a course of medical treatment;
"occurrence" means [all injuries to a n d d i = = o h patient caused by health care providers' successive acts or l ] b ,d i a º e omissions that combined concurrently to create a malpractice r i = r t e w d m a n o claim] a Sfl1ºSJCºhealth care provider's or health care d m :
M.
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 5 - e a n e d r e l u [ A d HJC/HB 99 providers' acts or omissions in the course of medical treatment that created or combined to create an injury or injuries to a patient, regardless of the number of health care providers whose acts or omissions contributed to the injury or injuries;
"outpatient health care facility" means an entity that is hospital-controlled and is licensed pursuant to the Health Care Code as an outpatient facility, including ambulatory surgical centers, free-standing emergency rooms, urgent care clinics, acute care centers and intermediate care facilities and includes a facility's employees, locum tenens providers and agency nurses providing services at the facility.
provided that "occurrence" shall not be construed to limit recovery to only one maximum statutory payment when independent medical acts or omissions cause separate injury or injuries to a patient in a course of medical treatment;»SJC SJCºsingle, indivisible injury to a patient caused by the acts or omissions of one or more health care providers whose negligence combined to cause that injury, regardless of the number of health care providers whose acts or omissions contributed to that injury or the temporal sequence of those acts or omissions;
provided that when a health care provider's negligence causes a distinct original injury to a patient, and a separate health care provider's negligence causes a second, causally distinct injury h or a causally distinct enhancement of the original injury, each u » r causally distinct injury or enhancement of an original injury t h g e l i constitutes a separate occurrence;»SJC»Sfl1 Sfl1ºhealth care h r i s provider's or health care providers' acts or omissions in the h , e h course of medical treatment that created or combined to create t u g e b l e e , gh an injury or injuries to a patient, regardless of the number of n d d i = = o h health care providers whose acts or omissions contributed to l ] b ,d i a º r the injury or injuries;
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provided that "occurrence" shall not be e r = t e w d m a n o construed to limit recovery to only one maximum statutory d m :
b r e t º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 6 - e a n e d r e l u [ A d HJC/HB 99 payment when independent medical acts or omissions cause separate injury or injuries to a patient in a course of medical treatment;»Sfl1 [L.
] M.
"outpatient health care facility" means an entity that is hospital-controlled and is licensed pursuant to the [Public Health Act ] Health Care Code as an outpatient facility, including ambulatory surgical centers, free-standing emergency rooms, urgent care clinics, acute care centers and intermediate care facilities and includes a facility's employees, locum tenens providers and agency nurses providing services at the facility.
(2) independent outpatient health care facilities;
HJC/HB 99 Page 5 (2) independent outpatient health care facilities;
or (3) individuals or entities protected pursuant h to the Tort Claims Act or the Federal Tort Claims Act;
or (3) individuals or entities protected pursuant to the Tort Claims Act or the Federal Tort Claims Act;
g o [M.
N.
] N.
"patient" means a natural person who received or should have received health care from a health care provider, under a contract, express or implied;
"patient" means a natural person who t hr g e i k received or should have received health care from a health care h r i s provider, under a contract, express or implied;
O.
h , t, Sfl1º SJCº[and]»SJC SJCºand»SJC»Sfl1 Sfl1º[and]»Sfl1 e u g e b l e e h [N.
"superintendent" means the superintendent of insurance;
] O.
"superintendent" means the superintendent n d d i = = o h of insurance Sfl1º SJCº;
and l ] b ,d i a º e P.
"value of accrued medical care and related r i = r t e w d m a n o benefits" means the actual amount paid or owed by a patient, or d m :
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 7 - e a n e d r e l u [ A d HJC/HB 99 a third party on behalf of a patient, for medical care and related benefits.
"Value of accrued medical care and related benefits" does not include any costs waived, written off or lowered by a health care provider»SJC»Sfl1 Sfl1º;
"Value of accrued medical care and related benefits" does not include any costs waived, written off or lowered by a health care provider»Sfl1 ." SECTION 2.
"Value of accrued medical care and related benefits" does not include any costs waived, written off or lowered by a health care provider." SECTION 2.
h (1) establish its financial responsibility by g o filing proof with the superintendent that the health care t hr g e i k provider is insured by a policy of malpractice liability h r i s insurance issued by an authorized insurer in the amount of at h , t, least two hundred fifty thousand dollars ($250,000) per e u g e b l e e h occurrence or by having continuously on deposit the sum of n d d i = = o h seven hundred fifty thousand dollars ($750,000) in cash with l ] b ,d i a º e the superintendent or such other like deposit as the r i = r t e w d m a n o superintendent may allow by rule;
(1) establish its financial responsibility by filing proof with the superintendent that the health care provider is insured by a policy of malpractice liability HJC/HB 99 Page 6 insurance issued by an authorized insurer in the amount of at least two hundred fifty thousand dollars ($250,000) per occurrence or by having continuously on deposit the sum of seven hundred fifty thousand dollars ($750,000) in cash with the superintendent or such other like deposit as the superintendent may allow by rule;
provided that hospitals and d m :
provided that hospitals and hospital-controlled outpatient health care facilities that establish financial responsibility through a policy of malpractice liability insurance may use any form of malpractice insurance;
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 8 - e a n e d r e l u [ A d HJC/HB 99 hospital-controlled outpatient health care facilities that establish financial responsibility through a policy of malpractice liability insurance may use any form of malpractice insurance;
(1) establish its financial responsibility by filing proof with the superintendent that the health care provider is insured by a policy of malpractice liability h insurance issued by an authorized insurer in the amount of at u » r least five hundred thousand dollars ($500,000) per occurrence t h g e l i or by having continuously on deposit the sum of one million h r i s five hundred thousand dollars ($1,500,000) in cash with the h , e h superintendent or other like deposit as the superintendent may t u g e b l e e , gh allow by rule;
(1) establish its financial responsibility by filing proof with the superintendent that the health care provider is insured by a policy of malpractice liability insurance issued by an authorized insurer in the amount of at least five hundred thousand dollars ($500,000) per occurrence HJC/HB 99 Page 7 or by having continuously on deposit the sum of one million five hundred thousand dollars ($1,500,000) in cash with the superintendent or other like deposit as the superintendent may allow by rule;
provided that for independent outpatient health n d d i = = o h care facilities, in the absence of an additional deposit or l ] b ,d i a º r policy as required by this subsection, the deposit or policy e r = t e w d m a n o shall provide coverage for not more than three separate d m :
provided that for independent outpatient health care facilities, in the absence of an additional deposit or policy as required by this subsection, the deposit or policy shall provide coverage for not more than three separate occurrences;
b r e t º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 9 - e a n e d r e l u [ A d HJC/HB 99 occurrences;
For hospitals or hospital-controlled outpatient health care facilities electing to be covered under the Medical Malpractice Act, the superintendent shall determine, based on a risk assessment of each hospital or hospital-controlled outpatient health care facility, each hospital's or hospital- controlled outpatient health care facility's base coverage or deposit and additional charges for the fund.
For hospitals or hospital-controlled outpatient health care facilities electing to be covered under the Medical Malpractice Act, the superintendent shall determine, based on a risk assessment of each hospital or hospital- controlled outpatient health care facility, each hospital's or hospital-controlled outpatient health care facility's base coverage or deposit and additional charges for the fund.
A health care provider not qualifying under this section shall not have the benefit of any of the provisions of the Medical Malpractice Act in the event of a malpractice claim h against it;
A health care provider not qualifying under this section shall not have the benefit of any of the provisions of the Medical Malpractice Act in the event of a malpractice claim against it;
provided that beginning July 1, 2021, hospitals and u » r hospital-controlled outpatient health care facilities shall not t h g e l i participate in the medical review process [and beginning h r i s January 1, 2027, hospitals and hospital-controlled outpatient h , e h health care facilities shall have the benefits of the other t u g e b l e e , gh provisions of the Medical Malpractice Act, except participation n d d i = = o h in the fund]." l ] b ,d i a º r SECTION 3.
provided that beginning July 1, 2021, hospitals and hospital-controlled outpatient health HJC/HB 99 Page 8 care facilities shall not participate in the medical review process." SECTION 3.
Section 41-5-6 NMSA 1978 (being Laws 1992, e r = t e w d m a n o Chapter 33, Section 4, as amended) is amended to read:
Section 41-5-6 NMSA 1978 (being Laws 1992, Chapter 33, Section 4, as amended) is amended to read:
d m :
"41-5-6.
b r e t º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 10 - e a n e d r e l u [ A d HJC/HB 99 "41-5-6.
provided h that, beginning January 1, 2023, the per occurrence limit on u » r recovery shall be adjusted annually by the consumer price index t h g e l i for all urban consumers.
provided that, beginning January 1, 2023, the per occurrence limit on recovery shall be adjusted annually by the consumer price index for all urban consumers.
h r i s C.
C.
The aggregate dollar amount recoverable by all h , e h persons for or arising from any injury or death to a patient as t u g e b l e e , gh a result of malpractice, except for punitive damages and past n d d i = = o h and future medical care and related benefits, shall not exceed l ] b ,d i a º r seven hundred fifty thousand dollars ($750,000) for claims e r = t e w d m a n o brought against an independent outpatient health care facility;
The aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient HJC/HB 99 Page 9 as a result of malpractice, except for punitive damages and past and future medical care and related benefits, shall not exceed seven hundred fifty thousand dollars ($750,000) for claims brought against an independent outpatient health care facility;
d m :
for an injury or death that occurred in calendar years 2022 and 2023.
b r e t º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 11 - e a n e d r e l u [ A d HJC/HB 99 for an injury or death that occurred in calendar years 2022 and 2023.
and (2) for an injury or death that occurred in calendar year 2025 and thereafter, the amount provided in Paragraph (1) of this subsection, adjusted annually by the prior three-year average consumer price index for all urban h consumers, per occurrence.
and (2) for an injury or death that occurred in calendar year 2025 and thereafter, the amount provided in Paragraph (1) of this subsection, adjusted annually by the prior three-year average consumer price index for all urban consumers, per occurrence.
u » r E.
E.
In calendar year 2022 and subsequent calendar t h g e l i years, the aggregate dollar amount recoverable by all persons h r i s for or arising from any injury or death to a patient as a h , e h result of malpractice, except for punitive damages and past and t u g e b l e e , gh future medical care and related benefits, shall not exceed the n d d i = = o h following amounts for claims brought against a hospital or a l ] b ,d i a º r hospital-controlled outpatient health care facility:
In calendar year 2022 and subsequent calendar years, the aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice, except for punitive damages and past HJC/HB 99 Page 10 and future medical care and related benefits, shall not exceed the following amounts for claims brought against a hospital or a hospital-controlled outpatient health care facility:
e r = t e w d m a n o (1) for an injury or death that occurred in d m :
(1) for an injury or death that occurred in calendar year 2022, four million dollars ($4,000,000) per occurrence;
b r e t º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 12 - e a n e d r e l u [ A d HJC/HB 99 calendar year 2022, four million dollars ($4,000,000) per occurrence;
and (6) for an injury or death that occurred in calendar year 2027 and each calendar year thereafter, the h amount provided in Paragraph (5) of this subsection, adjusted g o t hr annually by the consumer price index for all urban consumers, g e i k per occurrence.
and (6) for an injury or death that occurred in calendar year 2027 and each calendar year thereafter, the amount provided in Paragraph (5) of this subsection, adjusted annually by the consumer price index for all urban consumers, per occurrence.
h r i s F.
F.
The aggregate dollar amounts provided in h , t, Subsections B through E of this section include payment to any e u g e b l e e h person for any number of loss of consortium claims or other n d d i = = o h claims per occurrence that arise solely because of the injuries l ] b ,d i a º e or death of the patient.
The aggregate dollar amounts provided in HJC/HB 99 Page 11 Subsections B through E of this section include payment to any person for any number of loss of consortium claims or other claims per occurrence that arise solely because of the injuries or death of the patient.
r i = r t e w d m a n o G.
G.
In jury cases, the jury shall not be given any d m :
In jury cases, the jury shall not be given any instructions dealing with the limitations provided in this section.
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 13 - e a n e d r e l u [ A d HJC/HB 99 instructions dealing with the limitations provided in this section.
Any amount h due from a judgment or settlement in excess of five hundred g o t hr thousand dollars ($500,000) shall be paid from the fund.
Any amount due from a judgment or settlement in excess of five hundred thousand dollars ($500,000) shall be paid from the fund.
g e i k K.
K.
[Until January 1, 2027 ] Amounts due from a h r i s judgment or settlement against a hospital or hospital- h , t, controlled outpatient health care facility in excess of seven e u g e b l e e h hundred fifty thousand dollars ($750,000), excluding past and n d d i = = o h future medical expenses, shall be paid by the hospital or l ] b ,d i a º e hospital-controlled outpatient health care facility and not by r i = r t e w d m a n o the fund.
Amounts due from a judgment or settlement HJC/HB 99 Page 12 against a hospital or hospital-controlled outpatient health care facility in excess of seven hundred fifty thousand dollars ($750,000), excluding past and future medical expenses, shall be paid by the hospital or hospital- controlled outpatient health care facility and not by the fund." SECTION 4.
[Beginning January 1, 2027, amounts due from a d m :
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 14 - e a n e d r e l u [ A d HJC/HB 99 judgment or settlement against a hospital or hospital- controlled outpatient health care facility shall not be paid from the fund.
L.
The term "occurrence" shall not be construed in such a way as to limit recovery to only one maximum statutory payment if separate acts or omissions cause additional or enhanced injury or harm as a result of the separate acts or omissions.
A patient who suffers two or more distinct injuries as a result of two or more different acts or omissions that occur at different times by one or more health care providers is entitled to up to the maximum statutory recovery for each injury.]" SECTION 4.
MEDICAL EXPENSES [AND PUNITIVE DAMAGES ].-- A.
MEDICAL EXPENSES.-- A.
Awards of past and future medical care and h related benefits shall not be subject to the limitations of g o recovery imposed in Section 41-5-6 NMSA 1978.
Awards of past and future medical care and related benefits shall not be subject to the limitations of recovery imposed in Section 41-5-6 NMSA 1978.
t hr g e i k B.
B.
The health care provider shall be liable for all h r i s medical care and related benefit payments until the total h , t, payments made by or on behalf of it for monetary damages and e u g e b l e e h medical care and related benefits combined equals the health n d d i = = o h care provider's personal liability limit as provided in l ] b ,d i a º e [Subsection I of ] Section 41-5-6 NMSA 1978, after which the r i = r t e w d m a n o payments shall be made by the fund.
The health care provider shall be liable for all medical care and related benefit payments until the total payments made by or on behalf of it for monetary damages and medical care and related benefits combined equals the health care provider's personal liability limit as provided in Section 41-5-6 NMSA 1978, after which the payments shall be made by the fund.
d m :
C.
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 15 - e a n e d r e l u [ A d HJC/HB 99 [C.
Payments made from the fund for the cost of medical care and related benefits shall be made as expenses are incurred." SECTION 5.
Beginning January 1, 2027, any amounts due from a judgment or settlement against a hospital or outpatient health care facility shall not be paid from the fund if the injury or death occurred after December 31, 2026.
A new section of the Medical Malpractice Act, Section 41-5-7.1 NMSA 1978, is enacted to read:
D.
"41-5-7.1.
This section shall not be construed to prevent a patient and a health care provider from entering into a settlement agreement whereby medical care and related benefits shall be provided for a limited period of time only or to a limited degree.
PUNITIVE DAMAGES.-- HJC/HB 99 Page 13 A.
E.
A judgment of punitive damages against a health care provider shall be the personal liability of the health care provider.
Punitive damages shall not be paid from the fund or from the proceeds of the health care provider's insurance contract unless the contract expressly provides coverage.
Nothing in Section 41-5-6 NMSA 1978 precludes the award of punitive damages to a patient.
Nothing in this h subsection authorizes the imposition of liability for punitive g o damages where that imposition would not be otherwise authorized t hr g e i k by law.] h r i s C.
Payments made from the fund for the cost of h , t, medical care and related benefits shall be made as expenses are e u g e b l e e h incurred." n d d i = = o h SECTION 5.
A new section of the Medical Malpractice Act, l ] b ,d i a º e Section 41-5-7.1 NMSA 1978, is enacted to read:
r i = r t e w d m a n o "41-5-7.1.
[NEW MATERIAL ] PUNITIVE DAMAGES.-- d m :
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 16 - e a n e d r e l u [ A d HJC/HB 99 A.
(3) a hospital Sfl1º SJCºoperated by a New Mexico resident or domestic corporation»SJC»Sfl1 Sfl1ºoperated by a New Mexico resident or domestic corporation»Sfl1 that is h not part of a hospital system and the hospital's employees, g o locum tenens providers and agency nurses;
(3) a hospital operated by a New Mexico resident or domestic corporation that is not part of a hospital system and the hospital's employees, locum tenens providers and agency nurses;
and t hr g e i k (4) employees, locum tenens providers and h r i s agency nurses of a hospital or a hospital-controlled outpatient h , t, health care facility.
and (4) employees, locum tenens providers and agency nurses of a hospital or a hospital-controlled outpatient health care facility.
e u g e b l e e h C.
C.
Except as provided in Subsection B of this n d d i = = o h section, a judgment of punitive damages against a hospital or l ] b ,d i a º e hospital-controlled outpatient health care facility shall not r i = r t e w d m a n o be in an amount greater than two and one-half times the d m :
Except as provided in Subsection B of this section, a judgment of punitive damages against a hospital or hospital-controlled outpatient health care facility shall not be in an amount greater than two and one-half times the applicable limitation on monetary damages provided in Section HJC/HB 99 Page 14 41-5-6 NMSA 1978.
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 17 - e a n e d r e l u [ A d HJC/HB 99 applicable limitation on monetary damages provided in Section 41-5-6 NMSA 1978.
PATIENT'S COMPENSATION FUND--THIRD-PARTY h ADMINISTRATOR--ACTUARIAL STUDIES--SURCHARGES--CLAIMS-- g o t hr PRORATION--PROOFS OF AUTHENTICITY.-- g e i k A.
PATIENT'S COMPENSATION FUND--THIRD-PARTY ADMINISTRATOR--ACTUARIAL STUDIES--SURCHARGES--CLAIMS-- PRORATION--PROOFS OF AUTHENTICITY.-- A.
The "patient's compensation fund" is created as h r i s a nonreverting fund in the state treasury.
The "patient's compensation fund" is created as a nonreverting fund in the state treasury.
The fund consists h , t, of money from surcharges, income from investment of the fund e u g e b l e e h and any other money deposited to the credit of the fund.
The fund consists of money from surcharges, income from investment of the fund and any other money deposited to the credit of the fund.
The n d d i = = o h fund shall be held in trust, deposited in a segregated account l ] b ,d i a º e in the state treasury and invested by the [state ] investment r i = r t e w d m a n o office and shall not become a part of or revert to the general d m :
The fund shall be held in trust, deposited in a segregated account in the state treasury and invested by the investment office and shall not become a part of or revert to the HJC/HB 99 Page 15 general fund or any other fund of the state.
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 18 - e a n e d r e l u [ A d HJC/HB 99 fund or any other fund of the state.
The superintendent, as custodian of the fund, and the third-party administrator shall be notified by the health care provider or the health care provider's insurer within thirty days of service on the health care provider of a complaint asserting a malpractice claim brought in a court in h this state against the health care provider.
The superintendent, as custodian of the fund, and the third-party administrator shall be notified by the health care provider or the health care provider's insurer within thirty days of service on the health care provider of a complaint asserting a malpractice claim brought in a court in this state against the health care provider.
g o t hr D.
D.
The superintendent shall levy an annual g e i k surcharge on all New Mexico health care providers qualifying h r i s under Section 41-5-5 NMSA 1978.
The superintendent shall levy an annual surcharge on all New Mexico health care providers qualifying under Section 41-5-5 NMSA 1978.
The surcharge [shall be h , t, determined by the superintendent with the advice of the e u g e b l e e h advisory board and based on the annual independent actuarial n d d i = = o h study of the fund.
The surcharge for health care providers shall be based on sound actuarial principles, using data obtained from New Mexico claims and loss experience.
The surcharges for health care providers, l ] b ,d i a º e including hospitals and outpatient health care facilities whose r i = r t e w d m a n o qualifications for the fund end on January 1, 2027, shall be d m :
The surcharges for independent providers and independent outpatient health care facilities shall be HJC/HB 99 Page 16 determined by the superintendent with the advice of the advisory board and based on the annual independent actuarial study of the fund.
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 19 - e a n e d r e l u [ A d HJC/HB 99 based on sound actuarial principles, using data obtained from New Mexico claims and loss experience] for health care providers shall be based on sound actuarial principles, using data obtained from New Mexico claims and loss experience.
The surcharges for independent providers and independent outpatient health care facilities shall be determined by the superintendent with the advice of the advisory board and based on the annual independent actuarial study of the fund.
A hospital or outpatient health care facility seeking participation in the fund during the remaining qualifying years shall provide, at a minimum, the hospital's or outpatient health care facility's direct and indirect cost h information as reported to the federal centers for medicare and u » r medicaid services for all self-insured malpractice claims, t h g e l i including claims and paid loss detail, and the claims and paid h r i s loss detail from any professional liability insurance carriers h , e h for each hospital or outpatient health care facility and each t u g e b l e e , gh employed health care provider for the past eight years to the n d d i = = o h third-party actuary.
A hospital or outpatient health care facility seeking participation in the fund during the remaining qualifying years shall provide, at a minimum, the hospital's or outpatient health care facility's direct and indirect cost information as reported to the federal centers for medicare and medicaid services for all self-insured malpractice claims, including claims and paid loss detail, and the claims and paid loss detail from any professional liability insurance carriers for each hospital or outpatient health care facility and each employed health care provider for the past eight years to the third-party actuary.
The same information shall be available l ] b ,d i a º r to the advisory board for review, including financial e r = t e w d m a n o information and data, and excluding individually identifying d m :
The same information shall be available to the advisory board for review, including financial information and data, and excluding individually identifying case information, which information shall not be subject to the Inspection of Public Records Act.
b r e t º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 20 - e a n e d r e l u [ A d HJC/HB 99 case information, which information shall not be subject to the Inspection of Public Records Act.
The superintendent, the third-party actuary or the advisory board shall not use or disclose the information for any purpose other than to fulfill the duties pursuant to HJC/HB 99 Page 17 this subsection.
The superintendent, the third-party actuary or the advisory board shall not use or disclose the information for any purpose other than to fulfill the duties pursuant to this subsection.
Beginning in 2021, the h surcharges shall be set with the intention of bringing the fund g o t hr to solvency with no projected deficit by December 31, 2026.
Beginning in 2021, the surcharges shall be set with the intention of bringing the fund to solvency with no projected deficit by December 31, 2026.
g e i k All qualified and participating hospitals and outpatient health h r i s care facilities shall cure any fund deficit attributable to h , t, hospitals and outpatient health care facilities by December 31, e u g e b l e e h 2026.
All qualified and participating hospitals and outpatient health care facilities shall cure any fund deficit attributable to hospitals and outpatient health care facilities by December 31, 2026.
n d d i = = o h G.
G.
If the fund would be exhausted by payment of all l ] b ,d i a º e claims allowed during a particular calendar year, then the r i = r t e w d m a n o amounts paid to each patient and other parties obtaining d m :
If the fund would be exhausted by payment of all claims allowed during a particular calendar year, then the amounts paid to each patient and other parties obtaining judgments shall be prorated, with each such party receiving an amount equal to the percentage the party's own payment schedule bears to the total of payment schedules outstanding and payable by the fund.
b e d s º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 21 - e a n e d r e l u [ A d HJC/HB 99 judgments shall be prorated, with each such party receiving an amount equal to the percentage the party's own payment schedule bears to the total of payment schedules outstanding and payable by the fund.
Any amounts due and unpaid as a HJC/HB 99 Page 18 result of such proration shall be paid in the following calendar years.
Any amounts due and unpaid as a result of such proration shall be paid in the following calendar years.
h (2) until January 1, 2022, a certified copy of u » r a court-approved settlement or certification of settlement made t h g e l i prior to initiating suit, signed by both parties, in excess of h r i s two hundred thousand dollars ($200,000) against a health care h , e h provider;
(2) until January 1, 2022, a certified copy of a court-approved settlement or certification of settlement made prior to initiating suit, signed by both parties, in excess of two hundred thousand dollars ($200,000) against a health care provider;
or t u g e b l e e , gh (3) until January 1, 2022, a certified copy of n d d i = = o h a final judgment less than two hundred thousand dollars l ] b ,d i a º r ($200,000) and an affidavit of a health care provider or its e r = t e w d m a n o insurer attesting that payments made pursuant to Subsection B d m :
or (3) until January 1, 2022, a certified copy of a final judgment less than two hundred thousand dollars ($200,000) and an affidavit of a health care provider or its insurer attesting that payments made pursuant to Subsection B of Section 41-5-7 NMSA 1978, combined with the monetary recovery, exceed two hundred thousand dollars ($200,000).
b r e t º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e - 22 - e a n e d r e l u [ A d HJC/HB 99 of Section 41-5-7 NMSA 1978, combined with the monetary recovery, exceed two hundred thousand dollars ($200,000).
HJC/HB 99 Page 19 I.
I.
- 23 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
HJC/HB 99 Page 20 25
b r e t º o t n = .233721.8AIC March 13, 2026 (10:33am) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. DO PASS, as amended, committee report adopted

  3. passed Senate

  4. floor substitute adopted (1 amendment)

  5. Sent to Senate Judiciary Committee

  6. passed House

  7. DO NOT PASS, replaced with committee substitute

  8. DO PASS, as amended, committee report adopted

  9. Sent to House Health & Human Services Committee & House Judiciary Committee

  10. Sent to House Pre-file

Sponsors

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 107 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (107)

107 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors HB 99?
HB 99 is sponsored by Doreen Y. Gallegos (Democrat), Sarah Silva (Democrat), Dayan Hochman-Vigil (Democrat), Gail Armstrong (Republican), and Christine Chandler (Democrat).
What is the current status of HB 99?
This bill has been enacted into law. Introduced January 16, 2026. Enacted.
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