Santa Fe — The New Mexico Senate on Tuesday approved a sweeping medical malpractice reform bill, sending it to Governor Michelle Lujan Grisham alongside legislation to strengthen mental health commitment standards and pave the way for universal child care. The votes represent a significant legislative push during the final 30-day session of Lujan Grisham’s administration.
House Bill 99, the medical malpractice reform measure, passed the Senate by a vote of 40-2 after a contentious debate and the stripping of amendments added by the Senate Judiciary Committee. The bill aims to address a perceived crisis in physician availability across the state by capping punitive damages in malpractice lawsuits. According to the legislation, punitive damage awards will be limited to approximately $900,000 for independent physicians, $1 million for independent outpatient clinics, and $6 million for locally owned and operated hospitals. Larger hospital systems face a higher threshold, set at two and a half times those amounts. The caps will adjust annually for inflation.
“This is a giant step toward solving our doctor shortage in New Mexico, and it’s going to lead to better health outcomes for patients due to the fact that they won’t have to wait so long to observe a doctor,” Lujan Grisham said in a statement. The governor had identified malpractice reform as a top priority and had indicated she would call a special session if the Legislature failed to act.
The path to passage was not without friction. Senator Crystal Brantley, a Republican from Elephant Butte, accused members of the Senate Judiciary Committee of attempting to “hijack” the bill with amendments that she argued would have undermined its intended effect. The committee’s amendments were ultimately removed in a 25-17 vote before the bill’s final passage.
Also headed to the governor’s desk is Senate Bill 3, which revises the state’s standards for involuntary civil commitment of individuals posing a danger to themselves or others. The bill clarifies the definitions of what constitutes a danger, providing authorities with clearer guidelines for intervention. Lujan Grisham stated the bill would provide communities with tools to act and offer hope to families struggling with loved ones experiencing mental health crises.
The third major piece of legislation, Senate Bill 241, concerning universal child care, received House approval late Tuesday. The bill proposes establishing a statewide universal child care system, funded by annual draws of up to $700 million from New Mexico’s $11 billion early childhood education trust fund. The legislation also links child care facility participation to the state’s existing wage and career ladder for early childhood workers, aiming to improve compensation and professional development in the sector. Priority access to subsidized slots will be given to families with fewer financial resources. The bill now returns to the Senate for final approval of House amendments.
“Every child in New Mexico deserves a strong start, regardless of their family’s zip code or income,” Lujan Grisham said. “With SB 241, we’re making that promise real — and we’re doing it in a way that protects this investment for generations to come.”
The Senate is expected to consider the House changes to SB 241 before the legislative session adjourns, leaving the fate of the universal child care program pending.
