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Why does the Board collect malpractice payment information from North Carolina professional liability insurance carriers?
North Carolina law (G.S. 90-14.13 (c)) requires liability insurance companies to report certain information to the Board, including insurance awards or settlements made on behalf of any medical professional licensed by the Board, as well as any non-renewals or cancellations of coverage that are made for cause.
How does the Board use the malpractice payment information reported by professional liability insurance carriers?
The information reported by carriers is confidential and used for the Board’s investigative purposes only. The Board reviews the circumstances that led to the payment and determines whether regulatory action is warranted to protect the people of North Carolina.
Is malpractice payment information ever public?
Yes, but not information reported pursuant to N.C.G.S. 90-14.13 (c). A different statute, N.C.G.S. 90-5.2, requires licensees to report malpractice payments to the Board for possible inclusion on the licensee’s public information page on this website. Only payments that are $75,000 or more AND that were made on or after May 1, 2008, are public under the law. The amount of the payment is not public, nor are the specific circumstances that led to the payment.
Are there consequences for insurance carriers that do not appropriately disclose malpractice payment information?
Potentially. North Carolina law G.S 90-14.13(d) authorizes the Board to report all violations of this section to the Commissioner of Insurance. The Commissioner of Insurance is authorized to order the payment of a civil penalty of two hundred fifty dollars ($250.00) for a first violation and five hundred dollars ($500.00) for each subsequent violation against an insurer for failure to report as required under this section.
Does the Board take regulatory action against a licensee if a malpractice payment is made on the licensee’s behalf?
Sometimes, but the Board does not take action simply because a payment has occurred. The Board reviews payments made on behalf of licensees and considers the circumstances that led to the payment. If the medical care provided did not meet accepted and prevailing standards of care in North Carolina then the Board may take regulatory action based on that finding.
