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SB536Introduced in the Senate

Medical malpractice information disclosures; report.

Passed

Introduced by Mark Obenshain, District 2

What does this bill do?

Plain-English breakdown

Writing a plain-English summary of this bill… this can take a few seconds the first time.

Official description

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.

Where it stands

Acts of Assembly Chapter text (CHAP1015)

April 22, 2026

How did lawmakers vote?

House of Delegates votes

5 recorded votes · each counted separately

Senate votes

8 recorded votes · each counted separately

SenateStage: Senate concurred in Governor's recommendation (37-Y 2-N 0-A) · April 22, 2026

37

Yes

2

No

1

Absent or Not Voting

40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.

See how each senator voted

SenatorDistrictVote
Elizabeth Bennett-Parker5Yes
Michael Jones77Yes
Timmy French1Yes
Mark Obenshain2Yes
Chris Head3Absent
David Suetterlein4Yes
Travis Hackworth5No
Todd Pillion6Yes
William Stanley7Yes
Mark Peake8Yes

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26100434D

  2. Referred to Committee for Courts of Justice

  3. Reported from Courts of Justice and rereferred to Finance and Appropriations (11-Y 1-N 2-A)

  4. Reported from Finance and Appropriations with amendment (15-Y 0-N)

  5. Rules suspended

  6. Constitutional reading dispensed (on 1st reading) (40-Y 0-N 0-A)

  7. Passed by for the day (Voice Vote)

  8. Passed by for the day

  9. Read second time

  10. Finance and Appropriations Amendment agreed to

  11. Engrossed by Senate as amended (Voice Vote)

  12. Read third time and passed Senate (40-Y 0-N 0-A)

  13. Placed on Calendar

  14. Read first time

  15. Referred to Committee for Courts of Justice

  16. Assigned HCJ sub: Civil

  17. Subcommittee recommends reporting with amendment(s) (9-Y 1-N)

  18. House committee offered

  19. Reported from Courts of Justice with substitute (18-Y 4-N)

  20. Committee substitute printed 26109147D-H1

  21. Read second time

  22. Passed by for the day

  23. Read third time

  24. committee substitute agreed to

  25. Engrossed by House - committee substitute

  26. Passed House with substitute (53-Y 43-N 0-A)

  27. Fiscal Impact Statement from Department of Planning and Budget (SB536)

  28. House substitute rejected by Senate (0-Y 40-N 0-A)

  29. House insisted on substitute

  30. House requested conference committee

  31. Senate acceded to request (40-Y 0-N 0-A)

  32. Conferees appointed by Senate

  33. Senate Conferees: Surovell, Srinivasan, Obenshain

  34. Conferees appointed by House

  35. House Conferees: Hope, Simon, Ballard

  36. Conference Report released

  37. Conference report agreed to by House (78-Y 18-N 0-A)

  38. Conference report agreed to by Senate (37-Y 2-N 0-A)

  39. Enrolled

  40. Bill text as passed Senate and House (SB536ER)

  41. Signed by President

  42. Fiscal Impact Statement from Department of Planning and Budget (SB536)

  43. Signed by Speaker

  44. Enrolled Bill communicated to Governor on March 31, 2026

  45. Governor's Action Deadline 11:59 p.m., April 13, 2026

  46. Governor's recommendation received by Senate (SB536G)

  47. Senate concurred in Governor's recommendation (37-Y 2-N 0-A)

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

  49. Governor's recommendation adopted

  50. Reenrolled

  51. Reenrolled bill text (SB536ER2)

  52. Signed by Speaker

  53. Signed by President

  54. Approved by Governor-Chapter 1015 (effective 7/1/2026)

  55. Acts of Assembly Chapter text (CHAP1015)

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