2023 New Mexico Statutes
Chapter 41 - Torts
Article 9 - Review Organization Immunity
Section 41-9-3 - Limitation on liability for persons providing information to review organization.

Universal Citation: NM Stat § 41-9-3 (2023)

No person providing information to a review organization shall be subject to any action for damages or other relief by reason of having furnished such information, unless such information is false and the person providing such information knew or had reason to believe such information was false.

History: Laws 1979, ch. 169, § 3.

ANNOTATIONS

Act's qualified immunity replaces common law absolute immunity. — This act abolishes any common-law absolute immunity available to review organization participants prior to its enactment, establishing instead a qualified immunity. Leyba v. Renger, 1992-NMSC-061, 114 N.M. 686, 845 P.2d 780.

Applicability of section. — In order to assert the protection of this section, an individual must be providing information to the review organization. Thus, since the facts were not disputed that the alleged defamatory statements were made during conversations with individuals who were not members of the review organization, this section did not apply. Leyba v. Renger, 874 F. Supp. 1218 (D.N.M. 1994).

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