MEDICAL MALPRACTICE TASK FORCE

SM015

SENATE MEMORIAL 15

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

INTRODUCED BY

Pete Campos

A MEMORIAL

REQUESTING THE OFFICE OF SUPERINTENDENT OF INSURANCE, THE
DEPARTMENT OF HEALTH AND THE HEALTH CARE AUTHORITY TO CONVENE A
JOINT TASK FORCE TO EXAMINE THE MEDICAL MALPRACTICE SYSTEM IN
NEW MEXICO TO IDENTIFY ISSUES IN THE SYSTEM AND RECOMMEND
SOLUTIONS TO THOSE ISSUES.

WHEREAS, the Medical Malpractice Act is necessary to make
patients who are injured due to negligence whole and to promote

patient safety in New Mexico; and

WHEREAS, all health care providers covered by the Medical

Malpractice Act are required to carry malpractice insurance;
and

WHEREAS, New Mexico is experiencing a massive health care
provider shortage; and

WHEREAS, many health care providers have identified many
contributors to the provider shortage, including high premiums
for medical malpractice insurance and low levels of
reimbursement for services; and

WHEREAS, there may be many factors that could contribute
to increases in insurance premiums; and

WHEREAS, it is essential to have a fair and equitable
medical malpractice system to balance the rights of patients
with the necessity to make New Mexico an attractive place for
health care providers to practice;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE
OF NEW MEXICO that the office of superintendent of insurance,
the department of health and the health care authority be
requested to convene a joint task force to examine the medical
malpractice system in New Mexico to identify issues in the
system and recommend solutions to those issues; and

BE IT FURTHER RESOLVED that the task force be composed of
a diverse group of members representing stakeholders throughout
the medical malpractice and health care provider systems,
including:

A. four members who represent the interests of
patients affected by medical malpractice, appointed as follows:

(1) one member appointed by the governor;

(2) one member appointed by the speaker of the
house of representatives;

(3) one member appointed by the president pro
tempore of the senate; and

(4) one member appointed by the minority floor
leader of the house of representatives;

B. four members who represent the interests of
health care providers, appointed as follows:

(1) one member appointed by the governor;

(2) one member appointed by the majority floor
leader of the house of representatives;

(3) one member appointed by the majority floor
leader of the senate; and

(4) one member appointed by the minority floor
leader of the senate;

C. two members who represent the medical
malpractice insurance industry, appointed as follows:

(1) one member appointed by the governor; and

(2) one member appointed by the superintendent
of insurance;

D. the superintendent of insurance;

E. the secretary of health; and

F. the secretary of health care authority; and

BE IT FURTHER RESOLVED that the task force be requested to
submit a report on its findings to the legislative health and
human services committee and the legislative finance committee
by December 1, 2026; and

BE IT FURTHER RESOLVED that copies of this memorial be
transmitted to the governor, the superintendent of insurance,
the secretary of health, the secretary of health care authority
and the co-chairs of the New Mexico legislative council.

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