MEDICAL INJURY COLLABORATIVE RESOLUTION ACT

HB0015

HOUSE BILL 15

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

INTRODUCED BY

Marianna Anaya
and
Peter Wirth

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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