New Mexico Statutes 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.
Terms Used In New Mexico Statutes 57-32-9
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Statute: A law passed by a legislature.
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;
law; or
(3) attorney fees and costs as specified by statute or as available at common (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.