VirginiaSB5362026 Regular SessionSenateWALLET

Medical malpractice information disclosures; report.

Sponsored By: Mark D. Obenshain (Republican)

Became Law

Summary

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 hospital or health system licensed in the Commonwealth 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 Chairs of the House and Senate Committees for Courts of Justice and to the ranking Delegate and Senator of the minority party serving on such Committees 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.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

New malpractice reporting for insurers and providers

Insurers and self-insured hospitals and providers must file yearly malpractice data with Virginia’s Bureau of Insurance. They must report premiums, covered provider counts, any refunds or dividends, claims and lawsuits, verdicts, and total payments and defense costs. Insurers must break out data by medical specialty and by type of insured entity. They must also list jury verdicts that exceeded the state recovery cap, with the verdict amount, the recoverable amount after the cap, and the year the claim began, without any names. Filings use a uniform format set by the Bureau. The first filing is due October 1, 2026 for calendar year 2025; after that, filings are due March 31 each year for the prior year.

Public malpractice report with confidentiality safeguards

The Bureau of Insurance compiles these filings and posts a statewide, aggregate report. The report does not name any doctor, hospital, insurer, patient, or specific claim, and shows comparisons by size, region, or facility type where possible. The Bureau sends the report to House and Senate Courts of Justice leaders and posts it on the General Assembly website with a purpose disclaimer. Reporters may mark specific data as confidential proprietary, in writing, naming the data and why. The Commission excludes marked items from public inspection and subpoenas as the law allows.

Reporting ends if cap law changes

These reporting rules end on the effective date of any new law that sets a different medical malpractice recovery limit. Once that new law takes effect, the reporting and publication duties stop.

Sponsors & Cosponsors

Sponsor

  • Mark D. Obenshain

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 454 • No: 132

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 37 • No: 2

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 76 • No: 21

Senate vote 3/14/2026

Conference report agreed to by Senate

Yes: 37 • No: 2

House vote 3/14/2026

Conference report agreed to by House

Yes: 78 • No: 18

Senate vote 3/12/2026

Senate acceded to request Block Vote

Yes: 40 • No: 0

Senate vote 3/11/2026

House substitute rejected by Senate

Yes: 0 • No: 40

House vote 3/10/2026

Passed House with substitute

Yes: 53 • No: 43

House vote 3/4/2026

Reported from Courts of Justice with substitute

Yes: 18 • No: 4

House vote 2/18/2026

Subcommittee recommends reporting with amendment(s)

Yes: 9 • No: 1

Senate vote 2/11/2026

Read third time and passed Senate

Yes: 40 • No: 0

Senate vote 2/10/2026

Finance and Appropriations Amendment agreed to

Yes: 0 • No: 0

Senate vote 2/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/9/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/5/2026

Reported from Finance and Appropriations with amendment

Yes: 15 • No: 0

Senate vote 1/28/2026

Reported from Courts of Justice and rereferred to Finance and Appropriations

Yes: 11 • No: 1 • Other: 2

Actions Timeline

  1. House concurred in Governor's recommendation (76-Y 21-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (37-Y 2-N 0-A)

    4/22/2026Senate
  3. Acts of Assembly Chapter text (CHAP1015)

    4/22/2026Governor
  4. Reenrolled bill text (SB536ER2)

    4/22/2026Senate
  5. Reenrolled

    4/22/2026Senate
  6. Approved by Governor-Chapter 1015 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by Senate (SB536G)

    4/12/2026Governor
  11. Fiscal Impact Statement from Department of Planning and Budget (SB536)

    3/31/2026Senate
  12. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  13. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026Senate
  14. Signed by Speaker

    3/31/2026House
  15. Bill text as passed Senate and House (SB536ER)

    3/30/2026Senate
  16. Enrolled

    3/30/2026Senate
  17. Signed by President

    3/30/2026Senate
  18. Conference report agreed to by Senate (37-Y 2-N 0-A)

    3/14/2026Senate
  19. Conference report agreed to by House (78-Y 18-N 0-A)

    3/14/2026House
  20. Conference Report released

    3/14/2026
  21. House Conferees: Hope, Simon, Ballard

    3/12/2026House
  22. Conferees appointed by House

    3/12/2026House
  23. Senate acceded to request Block Vote (40-Y 0-N 0-A)

    3/12/2026Senate
  24. House requested conference committee

    3/12/2026House
  25. House insisted on substitute

    3/12/2026House

Bill Text

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