All Roll Calls
Yes: 69 • No: 38
New MexicoHB 5862025 Regular SessionHouse
PUBLIC PEACE, HEALTH, SAFETY & WELFARE
Sponsored By: Reena Szczepanski (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 1 benefits, 1 costs, 3 mixed.
Health care whistleblowers gain retaliation protections
Beginning July 1, 2025, covered health care entities cannot retaliate against qualifying whistleblowers acting in good faith. Protection covers government reports, information or testimony in public investigations, and objections or refusals to join unlawful or improper conduct. Whistleblowers must have a reasonable factual basis. Entities must adopt, enforce, post, and distribute a protection policy. Retaliation fines reach $10,000 per violation, or $100,000 for willful, repeated, or continuing violations. Failure to stop or correct retaliation by the allowed deadline can bring fines up to $15,000 per day.
Health deal parties face costs, penalties
Deal parties must pay reasonable outside-expert costs unless the secretary decides otherwise; advance notice and a cost estimate are required. Beginning July 1, 2025, material or substantive violations can bring fines up to $5,000 each, or $10,000 if willful and intentional. The secretary can define a violation instance by its nature and impact, including per day or per patient. Parties that skip required notice can be ordered to file it; willful and intentional failures can cost up to $15,000 daily. Those daily fines run from the notice deadline until an approval, conditional approval, or denial order. New Mexico courts have personal jurisdiction over covered transaction parties and their affiliates.
Communities get input on health deals
Within 10 days of a complete notice, the Authority must post required deal information and publicize it locally. When it reviews a deal, it must hold at least one public forum in the affected service area. Comment options must include other languages and anonymous or third-party submissions, and the Authority must consider public input. Review materials held by designated government bodies or their experts remain confidential, except information the law requires to be public.
Health care deals face state review
Beginning July 1, 2025, covered New Mexico health care deals need written approval or a written finding that review is unnecessary. Covered deals include hospital mergers, changes in control, and independent practice purchases by insurer-owned or insurer-affiliated provider groups. Holding at least 15% of voting power or voting securities through proxies creates a presumption of control that can be challenged. Parties can sign binding agreements before approval, but cannot complete the deal. At least one party must give notice; the Authority has 30 days to determine whether it is complete. Review then takes up to 120 days, with agreed extensions, pauses for requested information, and restarted deadlines after significant deal changes. After complete notice, the Authority can approve immediately, with or without conditions, to address urgent hospital solvency needs or emergencies threatening immediate care.
Patient protections and time-limited deal oversight
Reviewed deals must slow patient-cost growth or maintain or expand access, and must improve New Mexico residents’ health outcomes. Approval also requires no substantial likelihood that harm to access, affordability, quality, or competition will outweigh the benefits. Review considers premiums, out-of-pocket costs, provider networks, employee pay and working conditions, and essential services, including Medicaid and marketplace-plan services. Acquirers must report annually for three years to the Authority and insurance office on compliance, service changes, and hospital cost trends. Approval conditions cannot last more than three years after conditional approval.
Sponsors & Cosponsors
Sponsor
Reena Szczepanski
Democratic • House
Cosponsors
Christine Chandler
Democratic • House
Katy Duhigg
Democratic • Senate
Roll Call Votes
Senate vote • 3/20/2025
Final Senate Vote
Yes: 28 • No: 12
House vote • 3/17/2025
Final House Vote
Yes: 41 • No: 26
Actions Timeline
Signed by Governor - Chapter 50 - Apr. 7
4/7/2025SenatePassed in the Senate - Y:28 N:12
3/20/2025SenateSTBTC: Reported by committee with Do Pass recommendation
3/18/2025SenateSent to STBTC - Referrals: STBTC
3/17/2025SenatePassed in the House of Representatives - Y:41 N:26
3/17/2025HouseHJC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
3/15/2025HouseReferred to: HJC
3/12/2025legislatureWithdrawn from committee or daily calendar for subsequent action
3/12/2025legislatureNot Printed
2/20/2025legislature
Bill Text
Final Version
4/8/2025
STBTC Committee Report 3/18/25
3/18/2025
HJC Committee Report 3/15/25
3/15/2025
HJC Committee Substitute 3/15/25
3/15/2025
Introduced
2/20/2025