McKinley County Watches as New Mexico House Approves HB 99

The New Mexico House voted 66–3 on Feb. 15 to approve House Bill 99 and send the medical‑malpractice reform bill to the state Senate, a move that state leaders say is aimed at stemming a physician exodus that has left 32 of 33 counties with critical gaps in care. Gov. Michelle Lujan Grisham called the measure one of her top priorities and said, “HB 99 protects patients who have been harmed by medical malpractice while making it possible for physicians to practice here without fear of bankruptcy,” urging the Senate to act immediately as the 30‑day session nears its noon Thursday deadline.

Rep. Christine Chandler of Los Alamos filed and led the substitute version of HB 99 on the House floor, telling colleagues, “We are not changing anything in the act that will provide unlimited medical care for individuals who have been injured in a medical malpractice suit. I think that’s a very important point to emphasize. But rather, there are some guardrails around the other damages, which I think are very fair.” The House Judiciary Committee had advanced the substitute on a unanimous 10–0 vote after negotiations among hospitals, physician groups and trial attorneys broke down, and the bill reached the floor after a little more than 15 minutes of debate.

The substitute would place caps on non‑medical damages while preserving unlimited awards for medical care, and hospital scope details were highlighted in committee reporting. A person identified as Clark said the Hospital Association supports the substitute and that $15 million caps would apply to more than 30 hospitals statewide, including five Presbyterian Healthcare System hospitals and five Lovelace hospitals, with a higher cap tier for 11 post‑acute hospitals such as rehabilitation or behavioral health facilities. Rep. Liz Thomson’s earlier amendment to preserve unlimited punitive damages for larger corporate hospitals was defeated when the committee approved the substitute.

Political alignment in the House was strongly bipartisan: every Republican voted for HB 99, and all but three Democrats supported it. The three Democrats who opposed the measure were Reps. Janelle Anyanonu, Angelica Rubio and Patricia Roybal Caballero, and none explained their votes during the floor debate. Senate Republicans issued a statement thanking the governor and her staff for joining the push for reform, while advocacy group Think New Mexico said the bill “directly addresses the primary reason why so many doctors are considering leaving New Mexico or retiring early” and reported more than 11,000 emails in support.

Legal questions remain after the House stripped three amendments that Senate Judiciary Chair Joseph Cervantes had introduced and that the Senate committee adopted earlier Tuesday to try to shield the law from constitutional and other court challenges. Source New Mexico later reported the measure passed the Senate and headed to Gov. Lujan Grisham on Feb. 18; if she signs HB 99 as expected, Sourcenm reported the law would take effect May 20.

For McKinley County, officials and patients will be watching whether HB 99 helps reverse a statewide shortage estimated at more than 5,000 health care professionals, amid reports that more than 65 percent of physicians say they are considering leaving the state and that over 80 percent cite punitive damages and malpractice insurance costs as a primary reason. Rep. Chandler said she hopes public pressure and the compromise will carry the bill through the Senate because “I think we owe that to our constituents.”