42 U.S.C. § 11131 — Requiring reports on medical malpractice payments
submitted 40 years ago by Pub. L. 99-660 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 288 words · no verdicts yet
Entities that pay medical-malpractice settlements or judgments must report the payment and related information. Failure to report can bring a civil penalty of up to $10,000 per payment, and the Secretary must study reporting of small payments and claims.
(a) Every entity, including an insurer, that pays under insurance, self-insurance, or otherwise to settle or partly settle a medical-malpractice action or claim, or to satisfy a judgment, must report information about the payment and its circumstances as section 11134 requires.
(b) The report must include:
(1) the physician’s or licensed health-care practitioner’s name, if the payment benefits that person;
(2) the payment amount;
(3) the name, if known, of any hospital* affiliated or associated with the physician* or practitioner*;
(4) a description of the acts or omissions and injuries or illnesses underlying the action or claim; and
(5) other information the Secretary* requires to interpret the reported information properly.
(c) An entity that fails to report a required payment is subject to a civil money penalty of up to $10,000 for each payment. The penalty must be imposed and collected in the same way as penalties under section 1320a-7a(a).
(d) No later than two years after November 14, 1986, the Secretary must study and report to Congress whether reports about small payments should still be required and whether reports should cover every claim concerning a medical-malpractice action.
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 section 11134 of this title, information respecting the payment and circumstances thereof.
The information to be reported under subsection (a) 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. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1320a–7a of this title are imposed and collected under that section.
The Secretary shall study and report to Congress, not later than two years after November 14, 1986, on whether information respecting small payments should continue to be required to be reported under subsection (a) and whether information respecting all claims made concerning a medical malpractice action should be required to be reported under such subsection.
Source credit: (Pub. L. 99–660, title IV, § 421, Nov. 14, 1986, 100 Stat. 3788.)
- 1986Enacted · Pub. L. 99-660 · 100 Stat. 3788
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-660 on 1986-11-14.
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