By Sherry Robinson
All She Wrote

Long before the legislative session started, a full-page ad accosted readers with this headline: “Medical corporations & insurance companies blame patients harmed by medical malpractice for the healthcare crisis so they can distract us from the billions of dollars in profit that go to their out-of-state corporate headquarters.”

Whoa! Nobody is blaming patients who are victims of medical malpractice. And, looking at New Mexico’s ragged hospital network, there’s more red ink than black ink.

The New Mexico Medical Society has been clear that spiraling malpractice premiums are an obstacle to physician recruiting, but some Democrats still don’t see the urgency, and it’s hurting all of us.

In October Think New Mexico, a nonpartisan think tank, rolled out a plan to solve New Mexico’s healthcare worker shortage. One element involves reforming the state’s medical malpractice act. New Mexico ranks second highest in the nation for medical malpractice lawsuits per capita. The number is more than twice the national average. New Mexico’s medical malpractice insurance premiums are nearly twice those of Arizona, Colorado and Texas and still rising. And yet, many malpractice insurance companies lose money.

“The high cost of malpractice insurance, and the high likelihood of being sued discourage doctors and other health care workers from practicing in New Mexico,” the report concluded.

Right after Think New Mexico announced its plan, the above advertisement appeared, claiming “real solutions to the healthcare crisis.” It was paid for by New Mexico Safety Over Profit (NMSOP), a new group. Its website lists a spokeswoman but not officers, board members or funding sources. It appears to be closely aligned with the New Mexico Trial Lawyers Association.

NMSOP’s big concerns are “corporate greed” and “holding corporations responsible for harm.” The group wants you to believe our ills are the result of “medical corporations and insurance companies (that) prioritize profit to take back to their out of state headquarters and shareholders.”

To be fair, ownership by private equity firms and corporate giants is a huge issue, but that’s nationally and not so much here.

With this backdrop, Sen. Martin Hickey, D-Albuquerque and the Legislature’s only doctor, and Sen. Pat Woods, R-Broadview, introduced Senate Bill 176 to reform New Mexico’s medical malpractice system. The bill would cap attorney fees in medical malpractice lawsuits, end lump-sum payouts, and send 75% of punitive damages to a new public fund designed to improve patient safety.

SB 176 would cap fees at 25% of the money awarded if a case is settled or 33% if a case goes to trial. Currently, New Mexico has no limit on attorney fees. It would return to a pay-as-you-go system for the expenses of treatment instead of the lump-sum payouts delivered by Democrats and the trial lawyers in a dubious “reform” bill in 2021. The payout is based on an estimate. What if the estimate is wrong?

And SB 176 would also use punitive damage verdicts to improve patient safety and reduce future malpractice. Currently, New Mexico allows unlimited punitive damages, which Think New Mexico considers “a windfall for the attorneys bringing the cases.”

This should not be a partisan issue. But a day after Republicans named malpractice insurance reform as a priority, three Albuquerque-area Democrats repeated NMSOP talking points, blaming “corporate greed” for healthcare issues.

Senate Majority Leader Timothy Wirth, D-Santa Fe, defended the “compromises” in 2021 and 2023 that led us to this sorry state. He told the Albuquerque Journal that “all parties were on board and the measures passed with bipartisan support.” In fact, the so-called support by less enthusiastic lawmakers was only because they feared something worse.

“Undoing these important changes to the law now will only harm patients and allow insurance companies to evade responsibility for compensating hurting families,” said Wirth, a lawyer. NMSOP couldn’t have said it better.

The governor recognizes the problem: “Insurance rates for doctors and healthcare providers shouldn’t be any higher in New Mexico than in neighboring states, and they most certainly shouldn’t be twice the national average.”

Her solution is state-sponsored medical malpractice insurance, but she hasn’t offered details.

Contrary to what you might hear, reformers do want to protect injured patients, but they would ratchet down attorney payouts from stratospheric to earthly.

Sherry Robinson is a longtime New Mexico reporter and editor. She has worked in Grants, Gallup, the Albuquerque Journal, New Mexico Business Weekly and Albuquerque Tribune. She is the author of four books. Her columns won first place in 2024 from New Mexico Press Women.

By: Mayor Sam Cobb

As the mayor of Hobbs, I see firsthand the benefits the oil and gas industry contributes to Lea County and the entire state. In Lea County, the industry provides careers, support and volunteers for local nonprofits, creates a thriving economy and helps to create communities where people want to live and raise their families. In 2024, the industry’s record production contributed over $13 billion in local and state revenues that will make a tangible difference in the lives of all New Mexicans.

As a mayor and a businessman, return on investment is a key determinant of success. In Hobbs, when we work with oil and gas companies, we expect them to be good stewards of the environment and economic drivers. From the FY 2024 total, $7.4 billion flowed directly into the state’s General Fund, nearly half of the budget that fuels critical state programs. The numbers for Fiscal Year 2024 speak volumes about the vital role the industry plays in driving our economy, funding essential services, and securing a bright, healthy future for generations to come.

The Governor promotes support for young New Mexicans from cradle to career, and the oil and gas industry is making that a reality. Its fiscal contributions are allowing legislators to invest directly in our schools today and create long-term funds, like the Early Childhood Trust Fund and the Opportunity Scholarship that provides 100% free tuition for qualified New Mexicans. Public education alone received $2.3 billion in recurring appropriations funded by oil and gas, supporting 386 schools statewide, over 130,000 students, and more than 9,500 teachers. An additional $500 million went to higher education, ensuring that our state’s universities and colleges remain strong hubs of learning, research and opportunity.

In Hobbs, the New Mexico Junior College, Career Technical Education Center, and Hobbs High School are preparing students for careers in energy, education, healthcare, hospitality, manufacturing, and more. The educational pathways reflect the workforce needs of southeastern New Mexico now and into the future. The industry’s dollars allow every publicly funded school statewide to determine the pathways that complement their region to strengthen today’s workforce and future economic diversification opportunities and workforce needs.

Lea County is proud to have quality healthcare facilities in Hobbs, Lovington, Eunice, and Jal. Public-private partnerships have allowed world-class doctors to serve residents throughout Southeast New Mexico and visitors from West Texas. Ease of access is crucial for quality healthcare. Statewide, the oil and gas industry provides over $1.2 billion for matching federal Medicaid funds.

The oil and gas industry strengthens Hobbs and Lea County by providing career opportunities that fuel upward mobility and generational change. Statewide, the numbers tell a compelling story: the oil and gas industry is not only a cornerstone of New Mexico’s economy. It is energizing our shared prosperity no matter where you live in our great state.

By: Senator Jim Townsend

This week New Mexico once again was recognized as a poor performing State with regard to Education.  In fact, New Mexico once again, was the worst of the worst with regard to education.  We have to change and this has to be addressed. We must find the solution. Either we don’t know how to educate as a State or we don’t know how to test or we have given up on the process that we use in our schools.  I’m tired of this record, our children’s deserve better and it has gone on too long. Let’s try something new. Just being privileged to live in a town where the education system works does not solve the issue as a State.  Our job is to make the State system better and we are working to do that.  If you live in District 34, we are lucky, our schools work.  We can improve and we should and we should not be afraid of a private school idea. They perform well too.

This is why I support private schools. Private schools have been long regarded as a vital component of the education system.  Private schools can offer state-of -the-art technology,  smaller class sizes are often more often available in private schools and often teachers seem to gravitate toward a more controlled orderly classroom that many private schools offer. Parental involvement is reportedly often more vigorous in these private schools.  Having vibrant private schools relieves the population burden of public schools allowing them the benefit of smaller classrooms.

 So I support parental choice and I also believe that the taxes we pay toward educating our children should follow the child. No child should be trapped in a failing education system and no parent should feel the burden of having to send their child to a school that they do no meet the needs of the child.

There is problem brewing within the environmental world that I believe you should know about.  Recently a midstream operator, purchased assets of another company and discovered an environmental issue.  After self reporting, and spending over $100M fixing the issue, the State Environmental Department levied a fine of approximately $45M dollars.  That’s wrong, and should be stopped.  If you self report and the State fines you, why self report. Shouldn’t the State promote compliance and self reporting. I think so.

I have caused some to reach out over my  SB 185.  It is a Bill that penalizes the illegal diversion of water.  I plan to make a couple of amendments to this Bill but I am intent on stopping the illegal diversion of water for profit. Stealing water is a crime I want it stopped.  Water is pretty precious in New Mexico and I don’t believe the State Engineer has done enough to protect our water.

We had 4-H kids in the Chambers today.  It is always a delight to sponsor 4-H kids to the Legislature.  Senator Ezzell and I sponsored those in the Senate today and we were happy to have them. We were both 4-H kids and are strong supporters of the program.

Jim Townsend is a New Mexico State Senator from Artesia. He represents District 34.