New Mexico's top insurance official appeals malpractice ruling
State Superintendent of Insurance John Franchini has appealed a District Court ruling that says he violated state law by failing to conduct a public process when he allowed Christus St. Vincent Regional Medical Center and other New Mexico hospitals to become participants in a fund that provides malpractice coverage for doctors.
Four physicians from Albuquerque sued Franchini, saying he had violated the state Administrative Procedures Act by admitting more than 50 providers — including Christus St. Vincent, Presbyterian Santa Fe Medical Center and numerous outpatient facilities under their umbrellas — between 2009-17 without publicly following certain procedures.
The open process would have included studies to determine the appropriate premiums the providers should have paid to offset potential claims, the plaintiffs said, adding that skipping the process threatened the solvency of the fund.
The plaintiffs wanted the court to void all the actions taken without an open process, but then-state District Judge David Thomson determined that would be too disruptive to the fund’s existing members and patients who were receiving compensation from the fund.
Read more: https://www.santafenewmexican.com/news/health_and_science/new-mexico-s-top-insurance-official-appeals-malpractice-ruling/article_e432225a-1ba6-55d7-aa7e-92b64c179197.html