NM| The New Mexico OSI Bulletin 2026-009 advises all carriers writing medical professional liability for independent providers and group practices in New Mexico that, due to significant amendments to the Medical Malpractice Act, they must file through SERFF the premium rates they will charge (or intend to charge) reflecting these statutory changes, and file a notice in Case No. 2026-0088 confirming such filings—or, if no premium decreases are being implemented, file a notice stating that no decreases are being made. The Superintendent expects the statutory changes to support less costly premiums and highlights a new punitive damages section, NMSA 1978, Section 41-5-7.1 (effective May 20, 2026), which caps punitive damages at about $1 million per occurrence for independent providers, $6 million for New Mexico-owned hospitals, and $15 million for non-New Mexico-owned large hospital systems, with annual CPI-based increases and a prohibition on including punitive damages in an initial malpractice claim.
The bulletin also explains that “occurrence” is redefined in NMSA 1978, Section 41-5-3(L) to cover acts or omissions in treatment that combine to cause injury but not to limit recovery to a single maximum payment where independent acts cause separate injuries, and adds a new definition in Section 41-5-3(P) for “value of accrued medical care and related benefits,” limited to actual amounts paid or owed and excluding costs that are waived, written off, or reduced by providers.