New Mexico 2025 2025 Regular Session

New Mexico House Bill HB552 Introduced / Fiscal Note

Filed 03/04/2025

                    Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance 
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they 
are used for other purposes. 
 
F I S C A L    I M P A C T    R E P O R T 
 
 
SPONSOR Ferrary/Thomson/Silva/Anaya/Chávez, E. 
LAST UPDATED 
ORIGINAL DATE 3/4/2025 
 
SHORT TITLE Medical Corporation Accountability Act 
BILL 
NUMBER House Bill 552 
  
ANALYST Hernandez 
 
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
HCA 
No fiscal 
impact 
No fiscal 
impact 
No fiscal 
impact 
No fiscal 
impact 
  
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
Sources of Information 
 
LFC Files 
 
Agency Analysis Received From 
Health Care Authority (HCA)  
NM Hospital Association 
 
SUMMARY 
 
Synopsis of House Bill 552   
 
House Bill 552 (HB552), or the Medical Corporation Accountability Act, requires that any 
hospital receiving state or local funding report their ownership status, salary ranges for health 
care providers, and total compensation for the chief executive officer to the Health Care 
Authority (HCA) annually. HCA must then provide the report to the Legislature. Additionally, 
HB552 requires that a private equity fund or hedge fund involved in any matter with a hospital or 
health care provider in New Mexico cannot interfere with the professional judgment of a health 
care provider.  
 
This bill does not contain an effective date and, as a result, would go into effect 90 days after the 
Legislature adjourns if enacted, or June 20, 2025. 
 
FISCAL IMPLICATIONS  
 
HCA notes no fiscal impact for HB552.  
 
Due to the passage of the Healthcare Delivery and Access Act last session, almost every hospital 
in the state receives state funding and is therefore covered under HB552.  
 
SIGNIFICANT ISSUES 
 
Private equity firms are increasingly purchasing hospitals both nationally and in New Mexico— House Bill 552 – Page 2 
 
raising concerns about hospital viability and healthcare access more broadly. A report written by 
the Private Equity Stakeholder Project highlights that New Mexico has the highest proportion of 
hospitals owned by private equity firms in the country, with 38 percent of private hospitals (17 
out of 45) owned by private equity firms. The state with the second highest proportion is Idaho 
with 23 percent of hospitals being owned by private equity firms. Nationally, between 2009 to 
2019, the acquisition values of healthcare related private equity firms were set at $750 billion. 
Generally, private-equity-owned hospitals are in lower income, non-urban areas and have fewer 
patients discharged, fewer employees per bed, and lower patient experience scores.  
 
Peer-reviewed research, which includes data points from New Mexico, demonstrates that quality 
of care and number of patients treated decline when hospitals are owned by private equity firms. 
Focusing on hospitals, patients who visit a private-equity-owned hospital are more likely to 
experience “hospital-acquired adverse events.” These events include increased falls, central-line-
associated bloodstream infections, surgical site infections, myocardial infarction, and 
pneumonia. Financially, when compared to hospitals that are not owned by private equity firms, 
private-equity-owned hospitals are likely to charge more per inpatient day, experience higher 
cost-to-charge ratios for emergency departments, and higher total cost-to-charge ratios—driving 
up costs for patients and state and federal governments.
1
 
 
HCA notes concern over Section 4 of HB552, as it: 
Outlines prohibitions related to private equity fund or hedge fund involvement with 
decisions of health care providers. This section is significantly broad and lacks clarity for 
enforcement. As written, the bill includes all health care providers. The Health Care 
Authority, specifically the Division of Health Improvement, has regulatory oversight of 
health care facilities, but not of individual practitioners or health care providers. Defining 
what would be interference of professional judgement and scope of practice would 
require input and potentially oversight from the respective clinical boards, such as the 
Medical Board, which this bill does not outline.” 
 
The Hospital Association notes: 
In [Section 4 of HB552] the definitions of ‘hedge fund’ and ‘private equity fund’ are 
problematic because they describe such a wide array of situations which are not private 
equity or a hedge fund. As defined, they would include the investment of private 
individuals or healthcare providers in a community that seek to create new and needed 
access points in our communities. 
 
ADMINISTRATIVE IMPLICATIONS  
 
HCA notes that it would need to promulgate new rules, as well as determine an enforcement 
mechanism for failure to report.  
 
AEH/hj/SL2             
 
1
 Bruch JD, Gondi S, Song Z. “Changes in Hospital Income, Use, and Quality Associated with Private Equity 
Acquisition.” JAMA Internal Medicine. 2020 Aug 24;180(11):1428-1435. Bruch J, Zeltzer D, Song Z. 
“Characteristics of Private Equity-Owned Hospitals in 2018.” Annals of Internal Medicine. 2021 Feb;174(2):277-
279.