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 medical 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)