New Mexico Statutes

N.M. Stat. § 41-9-3 (2026)

Limitation on liability for persons providing information to

✓ current as of May 2026

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review organization.
    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).

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1992–2025 · leading case: Leyba v. Renger, 874 F. Supp. 1218 (D.N.M. 1994).

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Leyba v. Renger, 874 F. Supp. 1218 (D.N.M. 1994). · cites it 7× “A discussion of the NMROIA necessarily involves two inquiries: 1) is the NMROIA applicable to Renger in this instance; and, 2) does the non-movant present enough evidence to show malice? New Mexico Statutes Annotated, Sections 41-9-3 and 41-9-4 specify a limitation on liability…”

Leyba v. Renger, 845 P.2d 780 (N.M. 1992). · cites it 2× “Section 41-9-3 governing the immunity available to persons providing information to review organizations provides: 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,…”

Yedidag v. Roswell Clinic Corp., 2013 NMCA 096 (N.M. Ct. App. 2013). · cites it 6× “See § 41-9-4 (providing that members of review organizations shall not be liable “for damages or other relief in any action brought by a person or persons whose activities have been or are being scrutinized or reviewed by a review organization .”

Yedidag v. Roswell Clinic Corp., 2015 NMSC 012 (N.M. Ct. App. 2015). “See § 41-9-3 (“No person providing information to a review organization shall be subject to any action for damages or other relief .”

Yedidag v. Roswell Clinic Corp., 2013 NMCA 96 (N.M. Ct. App. 2013). · cites it 6× “For our purposes here, a “review organization” is defined as “an organization whose membership is limited to health care providers and staff . . . and which is established by a health care provider which is a hospital .”

Yedidag v. Roswell linic Corp. (N.M. Ct. App. 2013). · cites it 6× “For our purposes here, a “review organization” is defined as “an organization whose membership is limited to health care providers and staff . . . and which is established by a health care provider which is a hospital .”

State v. Padilla (N.M. 2025). · cites it 2× “42, § 2; see NMSA 1953, § 41-9-3 (1963) (repealing the 1912 17 enactment).”

Yedidag v. Roswell Clinic Corp. (N.M. 2015). · cites it 2× “10 See § 41-9-3 (“No person providing information to a review organization shall be 11 subject to any action for damages or other relief .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.