A. All entities that make payments under a policy of insurance, self-insurance or otherwise in settlement or satisfaction of a judgment in a medical malpractice action or claim, hospitals, health care entities and professional review bodies shall report to the board all payments relating to malpractice actions or claims arising in New Mexico that involve a licensee and that are paid as a direct result of the licensee's care, all appropriate professional review actions of licensees and the acceptance or surrender of clinical privileges by a licensee while under investigation or in lieu of an investigation. For the purposes of this section, the meaning of these terms shall be as contained in Section 431 of the federal Health Care Quality Improvement Act of 1986, 42 USCA Section 11151.
B. The hospitals required to report under this section, health care entities or professional review bodies that provide such information in good faith shall not be subject to suit for civil damages as a result of providing the information.
C. A hospital, health care entity or professional review body failing to comply with the reporting requirements provided in this section shall be subject to civil penalty not to exceed ten thousand dollars ($10,000).
History: 1978 Comp., § 61-6-16, enacted by Laws 1989, ch. 269, § 12; 2003, ch. 19, § 16; 2008, ch. 74, § 2.
ANNOTATIONSRecompilations. — Laws 1989, ch. 269, § 13 recompiled former 61-6-16 NMSA 1978, relating to exceptions from this article, as 61-6-17 NMSA 1978, effective July 1, 1989.
The 2008 amendment, effective May 14, 2008, in Subsection A, required reports to the board of payments that involve a licensee.
The 2003 amendment, effective June 20, 2003, inserted "federal" following "Section 431 of the" in Subsection A; in Subsection B, substituted "The" for "No" at the beginning, inserted "not" following "good faith shall", substituted "of providing the information" for "thereof" at the end; and substituted "ten thousand dollars ($10,000)" for "two thousand dollars ($2,000)" in Subsection C.
Law reviews. — For case note, "Workers' Compensation Law: A Clinical Psychologist Is Qualified to Give Expert Medical Testimony Regarding Causation: Madrid v. University of California, d/b/a Los Alamos National Laboratory," see 18 N.M.L. Rev. 637 (1988).