The special session of the Legislature last week addressed the Trump health care cuts that were passed in July 2025 but won’t kick in until after the mid-term elections next year, or in some cases not until 2028. This timing detail deflated the air of urgency in the session’s balloon and gave rise to complaints from legislators that the bills offered up were premature, since no one can be sure what might happen.
So with lawmakers reminded in committee hearings about the “what if” character of the special session, especially by Republican legislators, a cloud of skepticism permeated some of the debate. Couldn’t all of this have been delayed until the 30-day session in January or even beyond? When I asked about this, however, one knowledgeable person told me hospitals need some lead time in planning future investments, and even the five-month advance notice of the Legislature’s intent could make a difference in whether to keep a hospital open or not. Such is the critical nature of the problem.
Despite this complaint, for many legislators the session presented an opportunity to highlight publicly the poor condition of our declining statewide health care system, particularly the highly precarious state of health care in most rural areas of the state – conservative politically, but not necessarily MAGA strongholds. Sen. Angel Charley, who represents several counties in the northeast part of the state, asserted on the floor of the Senate and in committee that in McKinley County 65% of the population is on Medicaid, and of these, the average household income is just under $20,000. Those are dismal numbers, but many rural counties with highly conservative legislators are not far behind. This go-around, Republican legislators in rural districts paid more respectful attention to the proceedings. One legislator spent an hour talking to me knowledgeably about the poor quality of health care in his district, and the difficulty keeping hospitals open and doctors from leaving.
Inside the leadership, the emphasis was on getting things finished quickly. Peter Wirth, majority leader of the Senate, was quoted in Source New Mexico saying legislative special sessions before the session “only work when the bills are cooked.” Senate President Pro Tem Mimi Stewart, echoing Wirth, said “vetting” proposals in advance enabled legislators to walk into the chambers with “confidence.” True to his word, Wirth would not allow the issue of caps on malpractice suits and compacts with other states to permit out-of-state health care providers to practice in New Mexico. Many believe these two issues are major contributors to the huge flight of physicians from New Mexico, resulting in grossly increased wait times for doctors’ appointments, and in difficulty recruiting doctors to practice in New Mexico. Compacts with other states allowing physicians to practice in New Mexico, including by Zoom, were postponed – apparently under pressure from the trial attorneys – until the legislative session in January. Wirth is a lawyer with a prominent firm, giving rise to a feeling this was simply a delaying tactic on an issue of high urgency for most patients in the state. Have you tried to get an appointment with a primary care doctor or specialist lately?
These issues are more complex than one might imagine, as I found out talking to lobbyists and legislators about them, and they deserve full deliberation. But they are issues that have been around for several years without deliberative resolution, and more than one legislator and lobbyist confirmed to me that cleavages in the special session could be summarized as a fight between most stakeholders in the health care system and the trial lawyers. The pressure is on the Legislature from the public on this, so the 2026 session might actually produce some serious proposals to recruit and retain doctors in New Mexico and to keep hospitals open.
In the end, the Legislature can be said to have created a path toward alleviating the most damaging effects of the Trump administration’s scheduled cuts in health care coverage, at least reassuring hospital administrators and doctors that the Legislature is aware of the dangers ahead in a health care system that has been deteriorating for the past two decades. House Bill 1 authorized $162 million for health care, food assistance, and hospitalization. The Senate transferred $50 million to the Rural Health Care Delivery Fund to alleviate conditions. Another bill, if signed into law would grant the state Department of Health authority to purchase COVID vaccines for children and allow parents to ignore new federal guidelines for schools and day-care centers. When you look at the numbers of people who might be affected should the federal legislation take effect on schedule, $162 million is not a lot of money. But it signals intent for the state to assume some of the duties that for many decades have been seen as a federal responsibility.
Dr. Jose Z. Garcia is a former New Mexico Secretary of Higher Education, retired University PhD professor of political science, is active in state politics and a columnist for El Rito Media. He lives in Las Cruces and also frequently spends time in Santa Fe where he maintains a residence.