Title 42, The Public Health and WelfareRelease 119-110

§11131 Requiring Reports on Medical Malpractice Payments

Title 42 › CHAPTER 117 — ENCOURAGING GOOD FAITH PROFESSIONAL REVIEW ACTIVITIES › SUBCHAPTER II — REPORTING OF INFORMATION › § 11131

Last updated Sep 22, 2026|Official source

Summary

Any organization, including an insurance company, that pays money to settle or to satisfy a judgment in a medical malpractice case must report information about the payment and the circumstances. The report must include the name of the doctor or licensed health worker who benefited, the payment amount, any known hospital affiliation, a short description of what happened and the injuries or illnesses, and any other facts the Secretary requires. Not reporting can bring a fine up to $10,000 for each payment. The Secretary must study and report to Congress, no later than two years after November 14, 1986, whether small payments and all claims should still have to be reported.

Full Legal Text

Title 42, §11131

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

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.

(b)Information to be reported

The information to be reported under subsection (a) includes—

(1)the name of any physician or licensed health care practitioner for whose benefit the payment is made,

(2)the amount of the payment,

(3)the name (if known) of any hospital with which the physician or practitioner is affiliated or associated,

(4)a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and

(5)such other information as the Secretary determines is required for appropriate interpretation of information reported under this section.

(c)Sanctions for failure to report

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.

(d)Report on treatment of small payments

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11131

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110