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HB195 • 2026
COLLECTION OF MEDICAL MALPRACTICE JUDGEMENTS
The latest official action shows that this bill did not move forward in that session.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
COLLECTION OF MEDICAL MALPRACTICE JUDGEMENTS
Sent to SJC - Referrals: SJC
Passed in the House of Representatives - Y:66 N:0
HJC: Reported by committee with Do Pass recommendation with amendment(s)
HHHC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
Withdrawn from committee or daily calendar, ordered printed and referred to
Sent to HHHC - Referrals: HHHC/HJC
Not Printed
Action Postponed Indefinitely
COLLECTION OF MEDICAL MALPRACTICE JUDGEMENTS
HB0195 HOUSE BILL 195 57th legislature - STATE OF NEW MEXICO - second session, 2026 INTRODUCED BY Reena Szczepanski and Marianna Anaya AN ACT RELATING TO JUDGMENTS; PROHIBITING THE COLLECTION OF MEDICAL MALPRACTICE JUDGMENTS FROM AN INDEPENDENT PROVIDER'S PERSONAL INCOME OR ASSETS, EXCEPT IN CERTAIN CASES; PROHIBITING PLAINTIFFS IN MEDICAL MALPRACTICE CASES FROM MAKING CERTAIN FRIVOLOUS ALLEGATIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. A new section of Chapter 42, Article 10 NMSA 1978 is enacted to read: "[ NEW MATERIAL ] JUDGMENTS AGAINST INDEPENDENT PROVIDERS.-- A. A plaintiff who makes a medical malpractice claim pursuant to the Medical Malpractice Act shall not pursue, collect or execute on a judgment against the personal income of an independent provider or the personal assets owned by an independent provider if the court finds that the independent provider maintained: (1) qualification under the provisions of the Medical Malpractice Act pursuant to Section 41-5-5 NMSA 1978; or (2) an insurance policy with a policy limit sufficient to cover the applicable per-occurrence limit on recovery specified in Section 41-5-6 NMSA 1978. B. The court may reduce or nullify a damage award if the court finds the plaintiff made allegations that: (1) are irrelevant to the adjudication of the claims at issue; (2) are made primarily to coerce or induce an independent provider to settle; or (3) rely on an independent provider's personal income or assets. C. For the purposes of this section, "independent provider" means a natural person who is a licensed physician, chiropractic physician, podiatric physician, certified registered nurse anesthetist, physician assistant, certified nurse practitioner, certified clinical nurse specialist or certified nurse-midwife who is not an employee of a hospital or an outpatient health care facility. "Independent provider" does not mean a person or an entity protected pursuant to the Tort Claims Act or the Federal Tort Claims Act." SECTION 2. APPLICABILITY.--The provisions of this act apply to all medical malpractice claims brought on or after the effective date of this act. - 3 -