2021 New Mexico Statutes
Article 32 - Patients' Debt Collection Protection
Section 57-32-9 - Waiver of rights.

A. A consumer shall not be required to exhaust any administrative remedies provided by the provisions of the Patients' Debt Collection Protection Act or other applicable law before seeking legal or equitable relief.
B. A financial assistance policy or agreement between a patient and a health care facility, third-party health care provider, medical creditor or medical debt collector shall not contain any provision that, prior to a dispute arising, waives or has the practical effect of waiving the rights of a patient to resolve that dispute by obtaining:
(1) injunctive, declaratory or other equitable relief;
(2) multiple or minimum damages as specified by statute;
(3) attorney fees and costs as specified by statute or as available at common law; or
(4) a hearing at which that party can present evidence in person.
C. A provision in a financial assistance policy or other written agreement that violates the provisions of Subsection B of this section is void and unenforceable. A court may refuse to enforce other provisions of the financial assistance policy or other written agreement as equity may require.
D. A waiver by a patient or other consumer of any protection provided by or any right of the patient or other consumer pursuant to the Patients' Debt Collection Protection Act is void and shall not be enforced by any court or any other person.
History: Laws 2021, ch. 31, § 9.
Effective dates. — Laws 2021, ch. 31, § 14 made Laws 2021, ch. 31, § 9 effective July 1, 2021.

Structure 2021 New Mexico Statutes