HB 99 New Mexico House · 2026 Regular Session

MEDICAL MALPRACTICE CHANGES

HB 99 clarifies definitions in New Mexico's Medical Malpractice Act and makes three key changes: it limits punitive damages in malpractice cases, clarifies who qualifies as a "health care provider" (including hospitals, outpatient facilities, and independent doctors), and requires payments from the Patient's Compensation Fund to be made as medical expenses are incurred rather than in lump sums. The bill directly affects health care providers (such as doctors, hospitals, and clinics), insurers, and patients filing malpractice claims. Key mechanisms include updating legal definitions to distinguish between hospital-controlled facilities and independent providers, capping punitive damages (though the exact amount isn't specified in the excerpt), and changing how compensation fund payments are processed. These changes aim to streamline claims handling while clarifying legal responsibilities for medical malpractice cases.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Feb 2026
Senate Passage
Feb 2026
Signed into Law
Mar 2026
Introduced Jan 16, 2026 Signed Mar 6, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

JC substitute Final Version · 5 edits
MODERATE
This bill amends the Medical Malpractice Act in New Mexico to clarify definitions of key terms like 'health care provider,' 'hospital,' and 'independent provider.' The changes aim to better distinguish between different types of medical facilities and practitioners, which will affect how malpractice claims are handled and who may be held liable.
Scope change
The bill expands and refines the definitions of covered entities and individuals under the Medical Malpractice Act, particularly clarifying what constitutes a 'hospital' versus an 'independent outpatient health care facility' and 'independent provider.'
DEFINITION

The definition of 'health care provider' was updated to explicitly include various licensed medical professionals and business entities that provide health care services primarily through natural persons.

The definition of 'hospital' was clarified to include parent corporations, subsidiaries, affiliates, employees, locum tenens, and agency nurses, while excluding entities protected under tort claims acts.

New definitions were added for 'hospital system,' 'independent outpatient health care facility,' 'independent provider,' 'insurer,' 'malpractice claim,' 'medical care and related benefits,' 'occurrence,' and 'outpatient health care facility' to provide clearer guidance on liability and coverage.

The definition of 'occurrence' was clarified to address situations where multiple health care providers contribute to an injury, ensuring that recovery is not limited to a single maximum payment when separate injuries occur.

ELIGIBILITY

The definition of 'independent provider' was expanded to include specific types of health care facilities and business entities that employ licensed medical professionals, while excluding those protected under tort claims acts.

Floor votes · Senate Feb 17, 2026 · House Feb 14, 2026

How they voted

371
Passed
Total votes 38
Feb 17, 2026
D Democratic22
21 Yea 1 Nay
95% Yea
R Republican16
16 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
10
Key actions
7
Committee
3
Mar 6, 2026
Signed into law
Signed
executive
Feb 17, 2026
Upper · Passed
DO PASS, as amended, committee report adopted
upper
Feb 17, 2026
Upper · Passed
passed Senate
upper
Feb 17, 2026
Upper · Passed
floor substitute adopted (1 amendment)
upper
Feb 14, 2026
Introduced
Sent to Senate Judiciary Committee
upper
Feb 14, 2026
Lower · Passed
passed House
lower
Feb 12, 2026
Lower · Passed
DO NOT PASS, replaced with committee substitute
lower
Feb 2, 2026
Lower · Passed
DO PASS, as amended, committee report adopted
lower
Jan 22, 2026
Introduced
Sent to House Health & Human Services Committee & House Judiciary Committee
lower
Jan 16, 2026
Introduced
Sent to House Pre-file
lower
5 primary · 0 co-sponsors

Sponsors