New Mexico Statutes
N.M. Stat. § 41-9-2 (2026)
Definitions.
✓ current as of May 2026
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As used in the Review Organization Immunity Act:
A. "person" means any individual, corporation, partnership, firm or other entity;
B. "health care provider" means any person licensed by the state or permitted by
law to provide health care services;
C. "health care services" means services rendered by a health care provider of the
type the health care provider is licensed or permitted to provide;
D. "staff" means the members of the governing board, officers and employees of a
health care provider which is not an individual; and
E. "review organization" means an organization whose membership is limited to
health care providers and staff, except where otherwise provided for by state or federal
law, and which is established by a health care provider which is a hospital, by one or
more state or local associations of health care providers, by a nonprofit health care
plan, by a health maintenance organization, by an emergency medical services system
or provider as defined in the Emergency Medical Services Act [24-10B-1 to 24-10B-11
NMSA 1978], or by a professional standards review organization established pursuant
to 42 U.S.C., Section 1320c-1 et seq. to gather and review information relating to the
care and treatment of patients for the purposes of:
(1) evaluating and improving the quality of health care services rendered in
the area or by a health care provider;
(2) reducing morbidity or mortality;
(3) obtaining and disseminating statistics and information relative to the
treatment and prevention of diseases, illnesses and injuries;
(4) developing and publishing guidelines showing the norms of health care
services in the area or by health care providers;
(5) developing and publishing guidelines designed to keep within reasonable
bounds the cost of health care services;
(6) reviewing the nature, quality or cost of health care services provided to
enrollees of health maintenance organizations and nonprofit health care plans;
(7) acting as a professional standards review organization pursuant to 42
U.S.C., Section 1320c-1, et seq.; or
(8) determining whether a health care provider shall be granted authority to
provide health care services using the health care provider's facilities or whether a
health care provider's privileges should be limited, suspended or revoked.
History: Laws 1979, ch. 169, § 2; 1993, ch. 161, § 12.
ANNOTATIONS
The 1993 amendment, effective June 18, 1993, inserted "by an emergency medical
services system or provider as defined in the Emergency Medical Services Act" in the
introductory language of Subsection E.Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1963–2025 · leading case: Sw. Cmty. Health Servs. v. Smith, 755 P.2d 40 (N.M. 1988).
Sw. Cmty. Health Servs. v. Smith, 755 P.2d 40 (N.M. 1988). “The statute allows discovery of all data and information acquired by a peer review organization when necessary to carry out any of the purposes of the review organization stated in Section 41-9-2(E)(1) through (8), or when there is a judicial appeal from the action of the review…”
Yedidag v. Roswell Clinic Corp., 2015 NMSC 012 (N.M. Ct. App. 2015). “Section 41-9-2(E). The listed purposes are: (1) evaluating and improving the quality of health care services rendered in the area or by a health care provider; (2) reducing morbidity or mortality; (3) obtaining and disseminating statistics and information relative to the…”
Leyba v. Renger, 845 P.2d 780 (N.M. 1992). “Section 41-9-2(E) defines “review organization” to include an organization whose membership is limited to health care providers and staff .”
Yedidag v. Roswell Clinic Corp., 2013 NMCA 096 (N.M. Ct. App. 2013). “See § 41-9-2(E). {4} The ROIA grants qualified immunity to members of review organizations and to individuals who provide information to review organizations.”
Osuagwu v. Gila Reg'l Med. Ctr., 850 F. Supp. 2d 1216 (D.N.M. 2012). “1978 §§ 41-9-2, -4; Leyba v. Renger, 114 N.M. 686, 689 , 845 P.”
Quimbey ex rel. Faure v. Cmty. Health Sys. Prof'l Servs. Corp., 222 F. Supp. 3d 1038 (D.N.M. 2016). “N.M. Stat. Ann. § 41-9-2 (1978). The Joint Commission is an accrediting and certifying body which provides guidelines and standards for policies and practices and voluntary accreditation for hospitals.”
Yedidag v. Roswell Clinic Corp., 2013 NMCA 96 (N.M. Ct. App. 2013). “See § 41-9-2(E). {4} The ROIA grants qualified immunity to members of review organizations and to individuals who provide information to review organizations.”
State v. Oliver, 378 P.2d 135 (N.M. 1963). “” (Section 41-9-2, 1953 Comp.) Our review discloses that on September 17, 1956, while appellant was confined as a prisoner at the State Penitentiary Farm at Los Lunas, a count of prisoners on the evening of that day showed him missing.”
Yedidag v. Roswell linic Corp. (N.M. Ct. App. 2013). “See § 41-9-2(E). {4} The ROIA grants qualified immunity to members of review organizations and to individuals who provide information to review organizations.”
Madera v. Taos Health Sys., Inc. (D.N.M. 2025). “NMSA 1978, § 41-9- 4. Therefore, the question for purposes of Defendants’ state ROIA immunity hinges on whether they acted with malice in revoking Madera’s credentials.”
Yedidag v. Roswell Clinic Corp. (N.M. 2015). “; or 22 (8) determining whether a health care provider shall be granted 23 authority to provide health care services using the health care provider’s 24 facilities or whether a health care provider’s privileges should be 25 limited, suspended or revoked.”
— N.M. Stat. § 41-9-2(E) — 6 cases
Yedidag v. Roswell Clinic Corp., 2015 NMSC 012 (N.M. Ct. App. 2015). “Section 41-9-2(E). The listed purposes are: (1) evaluating and improving the quality of health care services rendered in the area or by a health care provider; (2) reducing morbidity or mortality; (3) obtaining and disseminating statistics and information relative to the…”
Leyba v. Renger, 845 P.2d 780 (N.M. 1992). “Section 41-9-2(E) defines “review organization” to include an organization whose membership is limited to health care providers and staff .”
Yedidag v. Roswell Clinic Corp., 2013 NMCA 096 (N.M. Ct. App. 2013). “See § 41-9-2(E). {4} The ROIA grants qualified immunity to members of review organizations and to individuals who provide information to review organizations.”
Yedidag v. Roswell Clinic Corp., 2013 NMCA 96 (N.M. Ct. App. 2013). “See § 41-9-2(E). {4} The ROIA grants qualified immunity to members of review organizations and to individuals who provide information to review organizations.”
Yedidag v. Roswell linic Corp. (N.M. Ct. App. 2013). “See § 41-9-2(E). {4} The ROIA grants qualified immunity to members of review organizations and to individuals who provide information to review organizations.”
— N.M. Stat. § 41-9-2(E)(1) — 4 cases
Sw. Cmty. Health Servs. v. Smith, 755 P.2d 40 (N.M. 1988). “The statute allows discovery of all data and information acquired by a peer review organization when necessary to carry out any of the purposes of the review organization stated in Section 41-9-2(E)(1) through (8), or when there is a judicial appeal from the action of the review…”
Yedidag v. Roswell Clinic Corp., 2013 NMCA 096 (N.M. Ct. App. 2013). “See § 41-9-2(E). {4} The ROIA grants qualified immunity to members of review organizations and to individuals who provide information to review organizations.”
Yedidag v. Roswell Clinic Corp., 2013 NMCA 96 (N.M. Ct. App. 2013). “See § 41-9-2(E). {4} The ROIA grants qualified immunity to members of review organizations and to individuals who provide information to review organizations.”
Yedidag v. Roswell linic Corp. (N.M. Ct. App. 2013). “See § 41-9-2(E). {4} The ROIA grants qualified immunity to members of review organizations and to individuals who provide information to review organizations.”
— N.M. Stat. § 41-9-2(E)(l) — 1 case
Sw. Cmty. Health Servs. v. Smith, 755 P.2d 40 (N.M. 1988). “The statute allows discovery of all data and information acquired by a peer review organization when necessary to carry out any of the purposes of the review organization stated in Section 41-9-2(E)(1) through (8), or when there is a judicial appeal from the action of the review…”
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