As New Mexico faces a growing healthcare crisis, the HOPE Act, a Republican-backed proposal aimed at addressing physician shortages and high malpractice insurance costs, is unlikely to be revived during a special legislative session later this year.
The HOPE Act, introduced by State Reps. Jenifer Jones (R-Deming) and Gail Armstrong (R-Magdalena), proposed a sweeping set of reforms, including new tax credits for doctors, a medical residency loan repayment program and a rollback of medical malpractice provisions passed in 2021.
With nearly 700 doctors leaving the state in the past two years, Jones argues that the proposal was a critical step toward reversing the exodus, but its chances of being reconsidered remain slim due to opposition from trial attorneys and the Democratic-controlled legislature.
Despite this setback, Jones remains committed to continuing the push for reform.
“Probably the biggest disappointment for me in the session was that we made really no progress on the healthcare crisis,” Jones, a registered nurse, told the New Mexico Sun. “I think the HOPE Act would have been a perfect fix. It wouldn’t just have prevented doctors from fleeing New Mexico—it would have attracted them from other states.”
New Mexico has been facing a worsening healthcare crisis due to a physician shortage, with malpractice insurance premiums cited as a major contributing factor.
Experts say high-dollar settlements are driving up insurance rates, making it increasingly difficult for doctors—especially in private practice—to afford coverage.
New Mexico’s state government remains under full Democratic control, with the party holding the governor’s office and majorities in both chambers of the Legislature.
The HOPE Act was tabled after a two-and-a-half-hour debate this spring before the regular legislative session adjourned on March 22. Jones expressed surprise that the Democratic majority permitted such a lengthy discussion.
A key provision in the bill sought to reinstate caps on certain medical malpractice awards, returning them to pre-2021 levels, which Jones argued were already high compared to neighboring states.
Jones said she felt the conversation was overly focused on medical malpractice, driven by opposition from trial attorneys.
“None of the other four points that we were addressing were really even mentioned,” she said. “When the trial attorneys have a stranglehold on the legislature, we are losing access to healthcare.”
The proposal aimed to streamline state malpractice fund payouts and limit punitive damages—measures she said would help curb the legal risks that are pushing physicians out of the state.
Although Gov. Michelle Lujan Grisham is expected to call a special session later this year, it’s unlikely the HOPE Act will be revived at that time. Still, Jones said she intends to keep pushing.
“We put a band-aid on malpractice reform two years ago, but it wasn’t enough,” Jone said. “This issue isn’t going away.”
In an op-ed published in Insurance NewsNet, State Sen. Craig Brandt (R-Rio Rancho) argued that the state’s medical malpractice premiums—among the highest in the nation—are a primary factor driving physicians out, especially those in high-risk specialties.
“The main reason that doctors are leaving is the outrageous cost of malpractice insurance in New Mexico, which is the highest in the nation by far,” Brandt wrote. “For physicians, this represents an overwhelming financial burden, particularly for those in high-risk specialties. For many doctors, the calculus simply doesn't add up. The financial risks outweigh the rewards, prompting them to seek greener pastures elsewhere or simply retire.”
Brandt's call for bipartisan action before the 2025 legislative session to reduce malpractice costs and increase Medicaid reimbursement rates, in order to stabilize the healthcare workforce and protect public health, went unheeded.
