A bill designed to address New Mexico’s health provider shortage finally received its first committee hearing yesterday, about 50 days into the legislative session.
Senate Bill 176, which would cap attorney’s fees in medical malpractice suits, kept appearing then sliding off of the agenda of the Senate Health and Public Affairs Committee.
The measure is a response to the argument that the state’s lack of sufficient healthcare providers is a result of high medical malpractice premiums and that New Mexico has the second highest rate of malpractice suits in the nation.
That’s according to bill sponsors and other lawmakers supporting the proposal.
It’s also backed by a study recently issued by Think New Mexico, a nonpartisan think tank located across the street from the roundhouse.
SB-176 was the Senate health committee’s final agenda item last night, and there was only time to get through the public comment period, with questions from committee members scheduled for the next meeting.
One doctor speaking in support of the bill, Albuquerque gastroenterologist Angelina Villas-Adams, also president of the New Mexico Medical Society, provided two reasons for the exodus of care providers from the state.
“ Medical malpractice and the current tax situation," said Villas-Adams.
"There are countless stories from all corners of the state. No one will advocate more vehemently for a patient than their physician. On behalf of the 2,400 physicians in this state that is shrinking, who spend every day taking care of patients, I ask that you vote yes to this legislation for patients.”
While some advocates for the measure said the problem was the amount of money going to trial lawyers in medical malpractice cases, several opponents blamed insurance company practices and charges.
Atzha Chavez, the Diné director of the Nava Education Project, defended the patients’ attorneys.
“ Limiting financial compensation to lawyers fighting for patients' rights will deter the best lawyers from taking on cases in New Mexico," Chavez said.
"Without those lawyers, people will continue to lose their lives because medical providers will not be held accountable for their actions. These lawyers are the warriors helping families seek justice."
In an interview yesterday with KSFR, Senate Majority Leader Peter Wirth was pessimistic about passage of SB-176.
While the bill is sponsored by retired physician Martin Hickey, a state senator from Albuquerque, Wirth talked about the need to craft a bill with all parties at the table, which could include, not just doctors, but attorneys and representatives of insurance companies and patients, as well.
Wirth also pointed the finger at financial firms looking to capitalize on the state’s healthcare climate.
"New Mexico is the Number One state for private equity hospitals, and it's frightening. What's happening is this private equity comes in and then they shrink the number of staff, and people are really getting hurt," Wirth said.
"So this is one proposal from one side. I'll tell you, on the other side, there's a bill that's being held that would eliminate all the caps. So again, this is the problem, and it really needs to be solved around the table.”
Wirth said that while it doesn’t look like the bill will make it to the governor’s desk, he and his colleagues are working on a separate measure to remove the 8.6 percent gross receipts tax on medical services, in hope of lessening the financial burden on New Mexico care providers.
The Senate Health and Public Affairs Committee will continue its debate over the medical malpractice bill on Friday.
