Virginia legislation · 2026 Regular Session

Virginia SB536: An Act to amend the Code of Virginia by adding a section numbered 8.01-581.15:1, relating to medical malpractice information disclosures; report.

Status: Chaptered, April 22, 2026

Medical malpractice information disclosures; report. Requires insurers who issue medical malpractice liability insurance polices covering health care providers in the Commonwealth to disclose, for the preceding calendar year, information regarding (i) premiums; (ii) claims activity; (iii) claim payments and litigation costs; and (iv) insurer financial condition. The bill further requires every medical care facility or other health care provider that maintains self-insurance, captive insurance, risk retention arrangements, or other retained financial risk for medical malpractice liability to disclose information regarding (a) the numbers of physicians and health care providers covered under the malpractice liability program; (b) claims activity; (c) malpractice expenditures; and (d) the total malpractice liability expenditures for the reporting year. The bill further requires such insurers, hospitals, and health care systems to provide a list of verdicts during the reporting year in medical malpractice actions in which the jury verdict exceeded the medical malpractice limitation on recovery. The bill provides that such disclosures and information be submitted to the State Corporation Commission's Bureau of Insurance in a uniform format prescribed by the Bureau on or before September 1, 2026, for the 2025 calendar year and on or before March 31 of each year thereafter for the preceding calendar year. The bill directs that the Bureau in its report aggregate summaries of such information and, to the extent practicable, shall present such data in a manner that allows comparison among health care providers by size, region, or type of facility and specifies that the Bureau utilize anonymized or de-identified formats to facilitate comparison, provided that no individual health care provider is identified and that, to the extent practicable, no information is presented that reasonably could be expected to reveal the identity of any individual health care provider, in any public report. The bill directs the Bureau to compile and analyze the information submitted and prepare a report summarizing such information in aggregate form without identifying any individual physician, hospital, insurer, patient, or specific claim. The bill directs the Bureau to submit the report to the Chairs of the House Committee for Courts of Justice and the Senate Committee for Courts of Justice and to the ranking members of the minority party serving on such committees and make the report publicly available on the General Assembly's website as soon as practicable after receipt of the required disclosures. The bill specifies that such report shall also include disclaimer language stating that the report shall be used to inform evaluation of the medical malpractice damages cap framework and other related policy considerations.