OPINION: Justice denied: Lawmakers sidestepped bold reform

Every fall, New Mexicans roast their chile, watch balloons rise and breathe the piñon-scented air. Yet even as we celebrate tradition, too many families wait months for medical appointments, drive hours for care or face the heartbreak of losing their doctors. Behind these stories is a systemic health care access crisis: New Mexico has built one of the most unstable and costly medical environments in the country. And once again, another legislative session has concluded without the political will to deliver the bold reforms patients desperately need — leaving families with fewer choices and longer waits.

At Patient-Led NM, we believe three state policy reforms are essential to stabilize health care: Medical malpractice reform, fair reimbursement rates and eliminating the gross receipts tax on medical services. But malpractice reform is the linchpin. Doctors are already being forced out of practice by this broken system, and patients are paying the true price — reduced access to care.

Righting the scales of medical malpractice

Justice begins with timely access to high-quality care. Yet New Mexico has one of the most volatile malpractice systems in the nation impeding access to care. According to the Medical Professional Liability Association, physicians here pay some of the highest premiums in the region — internists 33% higher, surgeons 50% higher, and OB/GYNs 50% higher than peers in neighboring states. New Mexico also has 50% more paid claims per capita than surrounding states, with nearly triple the number of large claims — those that reach multimillion dollars — in recent years.

Average paid claims in New Mexico are rising nearly 14% annually, almost three times the national rate, even though providers here are held to the same national accreditation standards as those elsewhere. The consequences are devastating. Other states don’t allow medical malpractice laws to be stretched this far.

Doctors are choosing to not practice in New Mexico because the personal risk is too great.

Below-cost reimbursements and a hidden tax

Below-cost reimbursement rates and a hidden tax compound the state’s liability environment. New Mexico is one of only two states that taxes medical services through a gross receipts tax. While large hospital systems may receive partial deductions, independent physicians and small clinics often shoulder this tax directly out of already slim margins. The result is reduced capacity to expand services, modernize equipment or even keep practices open, again pushing patients farther from care.

A path forward

New Mexico faces uniquely severe health care challenges that discourage physicians from practicing in the state, including graduates and residents of University of New Mexico's own medical programs.

Addressing malpractice reform, reimbursement rates and GRT will not be easy. But malpractice reform must come first because unless we stabilize the legal environment for doctors, we cannot stabilize access to care for patients.

New Mexico has solved tough problems before. With that same grit, New Mexicans, through Patient-Led NM, can demand change and take back their health care. Policymakers represent the people — every patient, family and community. The time to act is now because healthcare delayed is justice denied.