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Reporting Malpractice Payments

Each entity (including an insurance company) which makes payment under a policy of insurance, self-insurance, or otherwise in settlement (or partial settlement) of, or in satisfaction of a judgment in, a medical malpractice action or claim shall report, in accordance with this Act [discussed below], information respecting the payment and circumstances thereof. (sec. 11131) In interpreting information reported under this subchapter [of the act], a payment in settlement of a medical malpractice action or claim shall not be construed as creating a presumption that medical malpractice has occurred. (sec. 11137)

The information to be reported under includes--the name of any physician or licensed health care practitioner for whose benefit the payment is made, the amount of the payment, the name (if known) of any hospital with which the physician or practitioner is affiliated or associated, a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and such other information as the Secretary determines is required for appropriate interpretation of information reported under this section.

Any entity that fails to report information on a payment required to be reported under this section shall be subject to a civil money penalty of not more than $10,000 for each such payment involved. (sec. 11131)

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