45 C.F.R. § 60.7

Reporting medical malpractice payments

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(a) Who must report. Each entity, including an insurance company, which makes a payment under an insurance policy, self-insurance, or otherwise, for the benefit of a health care practitioner in settlement of or in satisfaction in whole or in part of a claim or a judgment against such health care practitioner for medical malpractice, must report information as set forth in paragraph (b) of this section to the NPDB and to the appropriate state licensing board(s) in the state in which the act or omission upon which the medical malpractice claim was based. For purposes of this section, the waiver of an outstanding debt is not construed as a “payment” and is not required to be reported.

(b) What information must be reported. Entities described in paragraph (a) of this section must report the following information:

(1) With respect to the health care practitioner for whose benefit the payment is made:

(i) Name,

(ii) Work address,

(iii) Home address, if known,

(iv) Social Security Number, if known, and if obtained in accordance with section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note),

(v) Date of birth,

(vi) Name of each professional school attended and year of graduation,

(vii) For each professional license: the license number, the field of licensure, and the name of the state or territory in which the license is held,

(viii) Drug Enforcement Administration registration number, if known, and

(ix) Name of each hospital with which he or she is affiliated, if known;

(2) With respect to the reporting entity:

(i) Name and address of the entity making the payment,

(ii) Name, title, and telephone number of the responsible official submitting the report on behalf of the entity, and

(iii) Relationship of the reporting entity to the health care practitioner for whose benefit the payment is made;

(3) With respect to the judgment or settlement resulting in the payment:

(i) Where an action or claim has been filed with an adjudicative body, identification of the adjudicative body and the case number,

(ii) Date or dates on which the act(s) or omission(s) which gave rise to the action or claim occurred,

(iii) Date of judgment or settlement,

(iv) Amount paid, date of payment, and whether payment is for a judgment or a settlement,

(v) Description and amount of judgment or settlement and any conditions attached thereto, including terms of payment,

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

(vii) Classification of the acts or omissions in accordance with a reporting code adopted by the Secretary, and

(viii) Other information as required by the Secretary from time to time after publication in the Federal Register and after an opportunity for public comment.

(c) Sanctions. Any entity that fails to report information on a payment required to be reported under this section is subject to a civil money penalty not to exceed the amount specified at 42 CFR 1003.103(c).

(d) Interpretation of information. A payment in settlement of a medical malpractice action or claim shall not be construed as creating a presumption that medical malpractice has occurred.

[78 FR 20484, Apr. 5, 2013, 78 FR 25860, May 6, 2013]

Notes of Decisions

Cited in 11 cases, 1991–2020 · leading case: KPH Consolidation, Inc. v. Romero, 102 S.W.3d 135 (Tex. App. 2003).

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KPH Consolidation, Inc. v. Romero, 102 S.W.3d 135 (Tex. App. 2003). · cites it 2× “45 C.F.R. § 60.7 (2001). Hospitals must request information from the National Practitioner Data Bank at the time a physician applies for a position on its medical staff or for clinical privileges at the hospital, and every two years thereafter for any physician on its medical…”

Teague v. St. Paul Fire & Marine Ins. Co., 10 So. 3d 806 (La. Ct. App. 2009). · cites it 2× “Any insurance company which makes a payment under a policy "for the benefit of a physician, dentist or other health care practitioner in settlement of or in satisfaction in whole or in part of a claim or a judgment” for malpractice must report certain information regarding the…”

Detillier v. Kenner Reg'l Med. Ctr., 877 So. 2d 100 (La. 2004). “45 CFR § 60.7 (a). Under the procedures applicable to the National Medical Malpractice Data Bank, it is the payment of a medical malpractice claim, and not whether a health care provider is a named defendant in a lawsuit or judgment, which triggers the responsibility of the…”

Robinson v. E. Carolina Univ., 329 F. Supp. 3d 156 (E.D.N.C. 2018). “§ 11131 (a) & (b)(1)-(5) ; see also 45 C.F.R. § 60.7 (a) ("Each entity, including an insurance company, which makes a payment under an insurance policy .”

Med. Soc'y of New Jersey v. Mottola, 320 F. Supp. 2d 254 (D.N.J. 2004). · cites it 2× “45 C.F.R. § 60.7 . Hospitals are required to request information from the Data Bank with respect to each physician or health care practitioner who applies for staff membership or clinical privileges.”

Am. Dental Ass'n v. Donna E. Shalala, Sec'y, United States Dep't of Health & Human Servs., 3 F.3d 445 (D.C. Cir. 1993). “45 C.F.R. § 60.7 (emphasis added). ADA argued below that this regulation violates the statute in two respects.”

Teague v. St. Paul Fire & Marine Ins. Co., 964 So. 2d 1015 (La. Ct. App. 2007). · cites it 2× “Any insurance company which makes a payment under a policy "for the benefit of a physician, dentist or other health care practitioner in settlement of or in satisfaction in whole or in part of a claim or a judgment" for malpractice must report certain information regarding the…”

Melendez v. Hosp. for Jt. Diseases Orthopedic Inst., 152 Misc. 2d 286 (N.Y. Sup. Ct. 1991). · cites it 3× “FOJP argues, however, that although reports to the Data Bank are mandatory (45 CFR 60.7 [a]), such reports are explicitly not to be construed as creating a presumption that medical malpractice has occurred.”

Shean Satgunam v. Michigan State Univ. (Mich. Ct. App. 2017). “45 CFR 60.7(a) provides: Each entity, including an insurance company, which makes a payment under an insurance policy, self-insurance, or otherwise, for the benefit of a health care -12- practitioner in settlement of or in satisfaction in whole or in part of a claim or a…”

Green v. Wilkie (D.S.C. 2020). “3 ; 45 C.F.R. § 60.7 ). This evidence is sufficient for 10 defendant to meet its the burden required in step two of the McDonnell Douglas 11 framework and shift the burden back to Green.”

— 45 C.F.R. § 60.7(a) — 2 cases

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