SB 536 Virginia Senate · 2026 Regular Session

Medical malpractice information disclosures; report.

Summary
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 hospital or health system licensed in the Commonwealth 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 Chairs of the House and Senate Committees for Courts of Justice and to the ranking Delegate and Senator of the minority party serving on such Committees 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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Vetoed
Apr 2026
Introduced Jan 13, 2026 Vetoed Apr 12, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

Courts of Justice Substitute Governor Substitute · 8 edits
MODERATE
The bill was changed from a House Substitute limiting medical malpractice damages and updating insurance rules to a Governor Substitute that removes all damage caps and liability limits. The new version shifts focus entirely to requiring insurance companies and healthcare facilities to publicly report detailed data on premiums, claims, and financial conditions, while eliminating the specific dollar limits on patient recovery.
Scope change
The bill's scope changed from regulating both liability limits and insurance reporting to exclusively mandating transparency and data reporting on medical malpractice insurance and claims.
ELIGIBILITY

Removed all statutory dollar limits on the amount of money a patient can recover in a medical malpractice lawsuit, regardless of when the malpractice occurred.

REQUIREMENT

Removed the requirement for insurers to adjust damage limits every two years based on inflation and the cost of living.

Added a new mandate requiring medical malpractice insurers to disclose detailed financial and claims data, including premiums, number of insured providers, and average verdict amounts.

Added a new mandate requiring self-insured healthcare facilities to report their claims activity, expenditures, and malpractice loss ratios.

Added a requirement for insurers and facilities to submit a list of any jury verdicts that exceeded the old statutory damage caps.

Removed the rule allowing patients to recover up to two years of prejudgment interest if the verdict exceeded the statutory cap.

Removed the rule limiting a patient's ability to collect money from a doctor's personal assets unless the doctor committed gross neglect or willful misconduct.

TIMELINE

Added a requirement for the Department of Planning and Budget to submit updated dollar amounts for future damage caps by June 30, 2029, though these caps are now effectively removed from the text.

Floor votes · Senate Feb 9, 2026 · House of Delegates Mar 10, 2026

How they voted

390
Passed
Total votes 39
Feb 9, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
46
Key actions
17
Committee
12
Amendments
2
Apr 12, 2026
Vetoed
Governor's recommendation received by Senate (SB536G)
executive
Mar 31, 2026
Lower · Passed
Signed by Speaker
lower
Mar 30, 2026
Upper · Passed
Signed by President
upper
Mar 30, 2026
Upper · Passed
Bill text as passed Senate and House (SB536ER)
upper
Mar 14, 2026
Upper · Passed
Conference report agreed to by Senate (37-Y 2-N 0-A)
upper
Mar 14, 2026
Lower · Passed
Conference report agreed to by House (78-Y 18-N 0-A)
lower
Mar 14, 2026
Legislature · Passed
Conference Report released
legislature
Mar 12, 2026
Committee
House requested conference committee
lower
Mar 10, 2026
Lower · Passed
Passed House with substitute (53-Y 43-N 0-A)
lower
Mar 9, 2026
Lower · Passed
Passed by for the day
lower
Mar 4, 2026
Lower · Passed
Reported from Courts of Justice with substitute (18-Y 4-N)
lower
Mar 4, 2026
Lower · Passed
House committee offered
lower
Feb 18, 2026
Lower · Passed
Subcommittee recommends reporting with amendment(s) (9-Y 1-N)
lower
Feb 17, 2026
Committee
Assigned HCJ sub: Civil
lower
Feb 17, 2026
Committee
Referred to Committee for Courts of Justice
lower
Feb 11, 2026
Upper · Passed
Read third time and passed Senate (40-Y 0-N 0-A)
upper
Feb 10, 2026
Introduced
Engrossed by Senate as amended (Voice Vote)
upper
Feb 10, 2026
Upper · Passed
Finance and Appropriations Amendment agreed to
upper
Feb 9, 2026
Upper · Passed
Passed by for the day
upper
Feb 9, 2026
Upper · Passed
Passed by for the day (Voice Vote)
upper
Feb 5, 2026
Upper · Passed
Reported from Finance and Appropriations with amendment (15-Y 0-N)
upper
Jan 28, 2026
Upper · Passed
Reported from Courts of Justice and rereferred to Finance and Appropriations (11-Y 1-N 2-A)
upper
Jan 13, 2026
Committee
Referred to Committee for Courts of Justice
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mark Obenshain
Mark Obenshain
RRepublican
VA
2