All medical malpractice claims settled or adjudicated to final judgment against a person, corporation, firm, or entity providing health care, and any such claim closed without payment during each calendar year shall be reported annually to the Commission by the insurer of the health care provider. The reports shall not identify the parties. The report shall state the following data, to the extent applicable, in a format prescribed by the Commission:
1. The nature of the claim and damages asserted;
2. The principal medical and legal issues;
3. Attorneys' fees and expenses paid in connection with the claim or defense, to the extent these amounts are known;
4. Attorneys' fees and expenses reserved in connection with the claim or defense;
5. The amount of the settlement or judgment awarded to the claimant to the extent this amount is known;
6. The specialty of each health care provider;
7. The date the claim was reported to the company;
8. The date the loss occurred;
9. The date the claim was closed;
10. The date and amount of the initial reserve;
11. The amount of loss paid by the insurer if different from the amount of settlement or judgment awarded to the claimant; and
12. Any other pertinent information the Commission may require as is consistent with the provisions of this section.
The report shall include a statistical summary of the information collected in addition to an individual report on each claim. The report shall be submitted in an electronic format. Statistical summaries and individual closed claim reports shall be a matter of public record, except that data reported under item 10 shall, at the request of the reporting insurer, not be disclosed in the public record.
The report shall be filed electronically by July 1 of the year following the applicable calendar year; however, a report with data for calendar years 2002, 2003, and 2004 shall be filed by September 1, 2005.
2005, cc. 649, 692.
Structure Code of Virginia
Chapter 22 - Liability Insurance Policies
§ 38.2-2202. (Effective until July 1, 2023) Required notice of optional coverage available
§ 38.2-2202. (Effective July 1, 2023) Required notice of optional coverage available
§ 38.2-2205.1. Suspension of liability coverage at insured's request
§ 38.2-2206. (Effective until July 1, 2023) Uninsured motorist insurance coverage
§ 38.2-2206. (Effective July 1, 2023) Uninsured motorist insurance coverage
§ 38.2-2207. No policy to exclude coverage to employee
§ 38.2-2208. Notices of cancellation of or refusal to renew motor vehicle insurance policies
§ 38.2-2212.1. Powers of Commission; replacement policies
§ 38.2-2213. Discrimination in issuance of motor vehicle insurance
§ 38.2-2214. Statement defining rate classifications to be provided by insurer to insured
§ 38.2-2216. Medical benefit offset against liability or uninsured motorist coverage prohibited
§ 38.2-2217.1. Insurers required to renew motor vehicle liability coverage for vanpools; exceptions
§ 38.2-2218. Adoption of standard forms for motor vehicle insurance
§ 38.2-2219. Hearing on objections to the form
§ 38.2-2220. Use of form after adoption
§ 38.2-2221. Amendment of standard form
§ 38.2-2222. Withdrawal of form
§ 38.2-2223. Variations of, or additions to, form
§ 38.2-2225. Sending copies of orders to companies affected
§ 38.2-2226.1. Insurer to give notice of settlement of claim
§ 38.2-2228.2. Certain medical malpractice claims to be reported to the Commission
§ 38.2-2229. Claims-made liability insurance
§ 38.2-2230. Mandatory offer of rental reimbursement coverage
§ 38.2-2231. Physical damage arbitration between insurers; alternate forums
§ 38.2-2232. Liability insurance on private pleasure watercraft; optional coverage
§ 38.2-2233. Installment payments of motor vehicle insurance
§ 38.2-2234. Insurance credit score disclosure; use of credit information