SB 247 — NM MEDICAL REVIEW COMMISSION REPORT

2/15/26 Proposed SENATE _________ COMMITTEE SUBSTITUTE FOR SENATE BILL 247274 57TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2026 INTRODUCED4 BY6 PatDISCUSSION WoodsDRAFT 6 8 10 AN ACT RELATING TO MEDICALTHE MALPRACTICE;PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;

ALLOWINGMAKING A REPORTTRANSFER OFFROM A PANEL OF THE NEWPATIENT'S MEXICOCOMPENSATION MEDICALFUND REVIEW COMMISSION TO BE ADMITTED AS EVIDENCE FOR THE PURPOSEGENERAL OFFUND DEFENDINGOPERATING AGAINSTRESERVE. A PLAINTIFF'S ACTION TO RECOVER PUNITIVE DAMAGES WHEN THE PANEL DETERMINES THERE IS INSUFFICIENT EVIDENCE OF MEDICAL MALPRACTICE.

e15 t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

w l n d 18 SECTION 1.

SectionTRANSFER.--Ninety-eight 41-5-3million NMSAfour 1978hundred (beinge Lawst 1976,17 =thousand =dollars 19($98,400,000) ais ltransferred Chapterfrom 2,the Sectionw 3,l asn amended)d is18 amendedpatient's compensation fund to read:the general fund operating = = 19 a l reserve.

i a e r 20 "41-5-3..234121.1 a t m a 21 d m r e 22 c e s k 23 e a n b 24 u [ 25

DEFINITIONS.--As used in the Medical Malpractice a t m m 21 Act:

d r e 22 A.

"advisory board" means the patient's c e s k 23 compensation fund advisory board;

e a n b 24 B.

"control" means equity ownership in a business u [ entity that:

.233108.1 (1) represents more than fifty percent of the total voting power of the business entity;

or (2) has a value of more than fifty percent of that business entity;

C.

"fund" means the patient's compensation fund;

D.

"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 outpatient health care facility, a doctor of osteopathy, a chiropractor, [podiatrist] 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 e t 17 this subsection.

"Health care provider" does not mean a person w l n d 18 or an entity protected pursuant to the Tort Claims Act or the = = 19 a l Federal Tort Claims Act;

i a e r 20 E.

"hospital" means a facility licensed as a a t m m 21 hospital in this state that offers [in-patient] inpatient d r e 22 services, nursing or overnight care on a twenty-four-hour basis c e s k 23 for diagnosing, treating and providing medical, psychological e a n b 24 or surgical care for three or more separate persons who have a u [ physical or mental illness, disease, injury or rehabilitative .233108.1 - 2 - condition or are pregnant and may offer emergency services.

"Hospital" includes a hospital's parent corporation, subsidiary corporations or affiliates if incorporated or registered in New Mexico;

employees and locum tenens providing services at the hospital;

and agency nurses providing services at the hospital.

"Hospital" does not mean a person or an entity protected pursuant to the Tort Claims Act or the Federal Tort Claims Act;

F.

"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" includes a facility's employees, locum tenens providers and agency nurses providing services at the facility.

"Independent outpatient health care facility" does not mean a person or an e t 17 entity protected pursuant to the Tort Claims Act or the Federal w l n d 18 Tort Claims Act;

= = 19 a l G.

"independent provider" means a doctor of i a e r 20 medicine, doctor of osteopathy, chiropractor, [podiatrist] a t m m 21 podiatric physician, nurse anesthetist, physician's assistant, d r e 22 certified nurse practitioner, clinical nurse specialist or c e s k 23 certified nurse-midwife who is not an employee of a hospital or e a n b 24 an outpatient health care facility.

"Independent provider" u [ does not mean a person or an entity protected pursuant to the .233108.1 - 3 - Tort Claims Act or the Federal Tort Claims Act.

"Independent provider" includes:

(1) a health care facility that is:

(a) licensed pursuant to the [Public Health Act] Health Care Code as an outpatient facility;

(b) not an ambulatory surgical center, an urgent care facility or a free-standing emergency room;

and (c) not hospital-controlled;

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, [podiatrists] podiatric physicians, nurse anesthetists, physician's assistants, certified nurse practitioners, clinical nurse specialists or certified nurse-midwives and the business entity's employees;

e t 17 H.

"insurer" means an insurance company engaged in w l n d 18 writing health care provider malpractice liability insurance in = = 19 a l this state;

i a e r 20 I.