This bill amends various sections of Chapter 48, Article 8 of the New Mexico Statutes regarding liens imposed by service providers for personal injury damages. It broadens the definition of "service provider" to include any entity licensed to provide care to injured patients, not just hospitals. The bill establishes that service providers can assert liens on damages recovered by patients from accidents not covered by workers' compensation laws, and it specifies that service providers are liable for a share of attorney fees and costs incurred in securing judgments or settlements. Additionally, it outlines the requirements for filing and notifying relevant parties about these liens, including the necessity for written notice to be sent to the liable party and their insurance carrier.
Furthermore, the bill introduces new provisions related to subrogation rights in the context of uninsured motorist coverage. It stipulates that any action for recovery of proceeds against third parties must include insured parties as named plaintiffs and sets forth specific requirements for such actions, including the burden of proof and jury trial rights. The bill also provides immunity from third-party subrogation actions for drivers covered by minimum liability policies at the time of an alleged loss. The provisions of this act will apply to lien enforcement actions filed on or after July 1, 2025, with an effective date of the same.
Statutes affected: introduced version: 48-8-1, 48-8-2, 48-8-3, 48-8-4, 48-8-5, 48-8-7, 66-5-301