Medical Malpractice Data Recording Update
As a result of SB536 (the bill that was written to raise the med mal cap) ultimately ending in a data report bill, the Virginia Bureau of Insurance has officially put out their data call.
We do not believe that many member practices meet the requirements to be a mandated reporter (you must be self-insured), but we wanted to make this information public so you can review what is being asked of those mandated reports.
The State Corporation Commission’s Bureau of Insurance has posted the required data call templates and instructions for medical malpractice liability data reporting under Chapter 1015 of the 2026 Acts of Assembly (formerly Senate Bill 536), which is codified at Code of Virginia § 8.01‑581.15:1. These materials are available at: https://www.scc.virginia.gov/consumers/insurance/resources-ins-consumer/med-mal-data-reporting/
Entities required to report must download the appropriate template, complete all sections, and submit their responses for Calendar Year 2025 on or before October 1, 2026. Completed responses should be emailed to [email protected]. Please use the following subject lines to ensure proper routing:
- For insurance companies: “Medmal Data Call Response – Insurer“
- For self‑insured medical care facilities and health care providers: “Medmal Data Call Response – Self‑Insured“
As a reminder, the following entities are required to report:
- Insurers issuing medical malpractice liability insurance policies covering health care providers in the Commonwealth
- Medical care facilities (as defined in § 32.1-3) and health care providers that maintain self-insurance, captive insurance, risk retention arrangements, or other retained financial risk for medical malpractice liability
The Bureau of Insurance will also hold an informational call before Labor Day (date and time TBD) to walk through the templates, answer questions, and help ensure a smooth submission process. We’ll provide the relevant details once they become available.
For questions regarding the collection and submission of this data, please reach out to [email protected].
