Other Legislation

In the 2023 legislative session, we championed a bill that one of our rural members brought forward, who had issues prescribing schedule II-controlled substances, which was signed into law. In 2022, we were actively involved with other physician associations in supporting and implementing legislation that: allows physicians to confidentially participate in wellness programs; requires hospitals to adopt and implement policies to prevent exposure to surgical smoke; and directs health care employers to develop, implement and post a written workplace violence prevention program.

Colorado has confirmed that we will be facing a challenge to our non-economic damage caps. The trial attorney from CA has moved to Colorado and the Colorado Trial Lawyers Association has pulled a ballot title to place the issue on the 2024 November ballot to remove all caps. In an attempt to undermine their attempt, we are also pulling ballot titles (capping attorney fees, etc.) as well as voluntarily increasing caps so they cannot campaign on the fact that our caps have not been increased in 20 years, etc.

None

PLP updated to include "any physical or mental condition" and "regardless of the initial, interim, final or other diagnoses that are given." Also, "failure to comply with any insurer requirement to emergency services" is a violation of the state's unfair practices act.

The House has indicated its intent to pass legislation that seeks to protect community hospitals, and strengthen the Health Policy Commission’s role in hospital mergers and acquisitions and the Determination of Need process. The lead bill before the House is H.1219, sponsored by Rep John Lawn, House Chair of the Health Care Financing Committee. Identical to legislation passed by the House in the last session but did not pass the Senate. Priority of House Speaker Ron Mariano.

2024 is the first year of a four-year term (coming off the 2023 election state election cycle) for the governor and entire legislature. We will see a new House Speaker and leadership team and may see new Medicaid and Health committees make up in both chambers. The session could easily run through late April, a month longer than is typical the other three years of the term.

Physician Recruitment

Between 2017 and 2021, the state lost 711 primary care providers, reducing the workforce by 30 percent, according to the Committee’s report last year. The state also effectively lost more OB-GYNs, psychiatrists, registered nurses, certified nurse-midwives, dentists and licensed midwives than it gained in 2021. Much of this loss has been driven by non-competes, gross receipts taxes, high malpractice caps, poor healthcare infrastructure for complete care, aging population, poor reimbursement payer mix, and lack of incentives for younger physicians with high medical debt and desiring better quality of life.

Sick Leave

The Healthy Workplaces Act of 2021 is a law requiring all private employers in New Mexico to allow employees to accrue and use a benefit called earned sick leave. The law took effect on July 1, 2022. The Act lets employees earn and use paid sick leave. Employees may use this leave for various reasons listed in the Act, like the employee’s or their qualifying family member's illness or injury, or to deal with certain legal and family issues. Employers who do not honor an employee’s rights to sick leave face potential civil liability. The Act authorizes the Labor Relations Division (LRD) of the New Mexico Department of Workforce Solutions (DWS) to investigate violations and enforce the Healthy Workplaces Act.

SB 126 – legislation regarding limitations of non-compete clauses for physicians. This bill has received hearings before the Senate Health Committee.

Worked with legislative champion to convene a 60-member workgroup for EMS modernization. This will help to combat ED boarding. Bills will be introduced in 2024 and 2025.

Regarding population based research. Currently, Rhode Island state law conflicts with the federal approach and effectively prevents waiver of consent, even in cases where it would be appropriate and safe for research subjects and otherwise permissible under federal regulation. Rhode Islanders are excluded from national studies informing treatment and prevention of critical illnesses, including registries that determine national clinical guidelines. We are advocating to change this.

Tennsee has corporate practice of medicine legislation, which prohibits hospitals from hiring physicians in Tennessee. Bills are introduced annually to do away with the legislation. Hospital based physicians fought off these bills during the recent legislative session.