Section 41-5-24 – Maintenance of records.
The director shall maintain records of all proceedings before the medical review commission which shall include the nature of the acts or omissions complained of, a brief summary of the evidence presented, the decision of the panel and any majority or dissenting opinions filed. Such records shall not be made public and shall not be […]
Section 41-5-25 – Patient’s compensation fund; third-party administrator; actuarial studies; surcharges; claims; proration; proofs of authenticity.
A. The “patient’s compensation fund” is created as a nonreverting fund in the state treasury. 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 fund shall be held in trust, deposited in a segregated account in the state treasury […]
Section 41-5-25.1 – Patient’s compensation fund advisory board; created; membership; powers and duties.
A. The “patient’s compensation fund advisory board” is created to advise the superintendent and the third-party administrator. The office of superintendent of insurance shall provide staff services to the advisory board. The advisory board shall be established by July 2, 2021. B. The nine-member advisory board shall consist of: (1) two representatives from the New […]
Section 41-5-26 – Malpractice coverage.
A. The filing of proof of financial responsibility with the superintendent, as provided in Section 41-5-5 NMSA 1978, shall constitute a conclusive and unqualified acceptance of the provisions of the Medical Malpractice Act. B. Any provision in a policy attempting to limit or modify the liability of the insurer contrary to the provisions of the […]
Section 41-5-26.1 – Birthing workforce retention fund created.
A. The “birthing workforce retention fund” is created in the state treasury. The purpose of the fund is to provide malpractice insurance premium assistance for certified nurse-midwives or physicians whose insurance premium costs jeopardize their ability to continue their obstetrics practices in New Mexico. The fund shall consist of appropriations, gifts, grants and donations to […]
Section 41-5-17 – Panel selection.
A. Applications for review shall be promptly transmitted by the director to the directors of the health care provider’s state professional society or association and the state bar association, who shall each select three panelists within thirty days from the date of transmittal of the application. B. If no state professional society or association exists, […]
Section 41-5-17 – Panel selection. (Effective January 1, 2022.)
A. Applications for review shall be promptly transmitted by the director of the New Mexico medical review commission to the directors of the independent provider’s state professional society or association and the state bar association, who shall each select three panelists within thirty days from the date of transmittal of the application. B. If no […]
Section 41-5-18 – Time and place of hearing.
A date, time and place for hearing shall be fixed by the director and prompt notice thereof shall be given to the parties involved, their attorneys and the members of the panel. In no instance shall the date set be more than sixty days after the transmittal by the director of the application for review, […]
Section 41-5-18 – Time and place of hearing. (Effective January 1, 2022.)
A date, time and place for hearing shall be fixed by the director of the New Mexico medical review commission and prompt notice of the hearing shall be given to the parties involved, their attorneys and the members of the panel. In no instance shall the date set be more than sixty days after the […]
Section 41-5-19 – Hearing procedures.
A. At the time set for hearing, the attorney submitting the case for review shall be present and shall make a brief introduction of his case, including a resume of the facts constituting alleged professional malpractice which he is prepared to prove. The health care provider against whom the claim is brought and its attorney […]