New Mexico Legislation Update: Analysis and Draft Consent Language

March 30, 2016

To follow up on the post New Mexico legislature acts to protect patients’ access to care in Texas from February 26, the legislation states that New Mexico will enforce choice of law and jurisdiction agreements between patients and health care professionals that are signed before treatment. Otherwise, the provisions of the statute will not apply. 

Below are documents related to this legislation.

1. TAPA’s summary of HB 270
Page 2 of the summary contains recently revised sample language for potential use in a patient agreement form, along with footnoted explanations for the wording used. This generic language was compiled with assistance from multiple resources, including counsel for the Texas Alliance for Patient Access (TAPA), TMLT, and TMA. The footnotes explain why language was included or excluded.

2. Proposed patient consent  (choice of law and forum clause language)

3. Proposed patient consent — Spanish (choice of law and forum clause language)

4. Proposed patient consent for emergency care (choice of law and forum clause)

5. Proposed patient consent for emergency care — Spanish (choice of law and forum clause)

6. HB 270 — the final signed bill

 

Neither TMLT, TAPA, nor TMA can give legal advice nor seek to do so. This information is provided to use only in consultation with your own attorney, who will advise you on how the language should be crafted for and used by your specific practice. 

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