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2005 SESSION

056239116
HOUSE BILL NO. 2718
Offered January 12, 2005
Prefiled January 12, 2005
A BILL to amend the Code of Virginia by adding a section numbered 38.2-2228.2, relating to reporting medical malpractice liability insurance claims and related information.
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Patrons-- Morgan and Johnson
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 38.2-2228.2 as follows:

§ 38.2-2228.2. Certain medical malpractice claims to be reported to the Commission.

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. Nature of the claim and damages asserted;

2. 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 prescribed by the Commission. Statistical summaries and individual closed claim reports shall be a matter of public record, except that data reported under subdivision 10 shall, at the request of the reporting insurer, not be disclosed in the public record.