Summary:

 House Bill 378 modifies the definition of “occurrence” in the Medical Malpractice Act and limiting the amount of damages that can be awarded due to a medical malpractice claims. Also, requiring payments from the Patent’s Compensation Fund to be made as expenses are incurred. 

Legislation Overview:

 House Bill 378 (HB378) modifications are made in the Medical Malpractice Act , beginning with a new definition of the term, “occurrence” which will now mean: “all claims for damages from all persons arising from harm to a single patient, no matter how many health care providers, errors or omissions contributed to the harm”.
Under Section 2 of the Act, Paragraph A the aggregate award remains at $600,000. However, the last half of Paragraph A thru Paragraph F have been struck, 
After renumbering, Paragraph B of Section 2, which awarded, for personal liability, two hundred fifty thousand ($250,000) has now been lowered to two hundred thousand dollars ($200,000).
Payments related to the Fund after the personal liability limit of the providers liability coverage has been achieved, shall now be made from the Fund for medical care and related benefits as expenses are incurred.
The reference above is for the Patient's Compensation Fund. Its paid for by an annual surcharge levied on all health care providers qualifying for the surcharge. The surcharge is to be determined by the Superintendent based upon actuarial principles, using data obtained from New Mexico experience if available.