Why does NCMB collect malpractice payment information from North Carolina professional liability insurance carriers?
A: North Carolina law (G.S. 90-14.13 (c)) requires liability insurance companies to report certain information to NCMB, including insurance awards or settlements made on behalf of any medical professional licensed by NCMB, as well as any non-renewals or cancellations of coverage that are made for cause.
How does NCMB use the malpractice payment information reported by professional liability insurance carriers?
A: The information reported by carriers is confidential and used for NCMB’s investigative purposes only. NCMB 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 NCMB 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?
A: Potentially. N.C.G.S. 90-14.13 (c) authorizes NCMB to report any failures to comply with the law to the NC Department of Insurance, which may levy fines of up to $250 for the first offense and up to $500 for each additional offense.