VirginiaHB10072026 Regular SessionHouseWALLET

Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.

Sponsored By: Kathy K.L. Tran (Democratic)

Became Law

Summary

Virginia Birth-Related Neurological Injury Compensation Program and Fund; board of directors; plan of operation; filing of claims; awards and coverage for expenses or services. Makes various changes to the Virginia Birth-Related Neurological Injury Compensation Program and Fund. The bill provides that a civil action arising out of or related to a birth-related neurological injury against a participating hospital or physician shall be referred to the Virginia Workers' Compensation Commission. Under the bill, the costs of the Virginia Workers' Compensation Commission maintaining an electronic filing system for the submission of petitions shall be reimbursed from the Fund. Under the bill, the Auditor of Public Accounts shall receive and review any audit conducted on the accounts of the Fund. The bill includes compensation for services provided by an education advocate. The bill requires the Program's board of directors to include a relative of a current or former beneficiary, allows for the electronic submission of claims, and expands discovery of parties to a claim. The bill further requires the Program's board of directors to establish a blanket surety bonding program for all employees with access to the Fund and requires the board to meet at least once monthly. Finally, the bill increases from $100,000 to $500,000 the amount that may be awarded to families whose infant has sustained a birth-related neurological injury. This bill is identical to SB 398.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 0 costs, 4 mixed.

What families get from the Fund

If your child qualifies, the Fund pays medically necessary care, supplies, and equipment at local community rates and does not pay amounts covered by other sources. The Commission can require enrollment in Medicaid or CHIP if eligible or a private plan when it is cheaper; the Fund pays required premiums. The Fund can help with lifetime home modifications and an adapted vehicle, plus up to $10,000 a year for family therapy. It pays lost earnings from age 18 to 65 using 50% of the state’s average weekly wage and up to $10,000 for funeral costs. For births on or after July 1, 2003, if the infant dies within 180 days, the Commission may award up to $500,000; providers’ attorney fees are not payable from awards.

Lawsuit limits and options for families

Program awards are the exclusive remedy for a child’s covered injury. You may sue a participating doctor or hospital only if there is clear and convincing proof they intentionally or willfully caused the injury, and you file before an award is final. You may sue nonparticipating providers, but you cannot include participating ones; if the Fund pays, it can seek repayment from the nonparticipating provider. Filing a Program claim pauses civil time limits, and suits against participating providers are referred to the Workers’ Compensation Commission. Certain 1990 amendments apply to older cases filed on time and not yet final.

Who pays into the Birth Injury Fund

Participating doctors pay an annual assessment (for 2009 it is $5,600, $5,900 for 2010, then up $100 a year to a $6,200 cap) and can get a prorated refund if they retire midyear. Hospitals pay per live birth (starting at $50, rising by $2.50 each year from 2009 up to $55) with a per‑hospital annual cap that phases up to $200,000. Nonparticipating doctors pay an annual assessment that rises from $260 in 2005 by $10 a year to a $300 cap, with exemptions for certain government physicians, residents, retirees, and some volunteer clinic doctors. Hospitals with accredited residencies may cover assessments for residency slots; those residents count as participating physicians without extra assessments after notice. Liability insurers pay based on net direct premiums, capped at 0.25%, and may recover costs through surcharges or rate increases. The state commission can suspend or reinstate assessments when the Fund is or is not actuarially sound.

How families file and resolve claims

You file a petition online and pay a $15 fee. Hospitals must quickly give you all infant medical records, including fetal monitoring strips. The Program must meet tight deadlines, and hearings are set 15–90 days after the Program’s response near where the injury happened. Both sides can use discovery, and interest is added if payments are unreasonably delayed. The plan requires fast claim acknowledgements, clear explanations, and a secure HIPAA portal; the Fund pays the Commission’s e‑filing system costs.

How the Birth Injury Fund is run

The law creates the Program and a trust Fund and puts a nine‑member board in charge. The board can hire service companies, invest prudently, buy insurance, and manage property, but it cannot cap or delay payments to approved families. The Program and board are subject to open‑records rules, yearly independent audits, and employee bonding. The Attorney General provides legal services that the Program pays for. State health agencies must investigate concerns about participating doctors and hospitals when a claim involves their conduct.

Sponsors & Cosponsors

Sponsor

  • Kathy K.L. Tran

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 643 • No: 101

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 39 • No: 0

House vote 4/22/2026

House concurred in Governor's recommendation Block Vote

Yes: 99 • No: 0

House vote 3/14/2026

Conference report agreed to by House

Yes: 91 • No: 2

Senate vote 3/14/2026

Conference report agreed to by Senate

Yes: 39 • No: 0

Senate vote 3/12/2026

Senate insisted on substitute Block Vote

Yes: 40 • No: 0

House vote 3/11/2026

Senate substitute rejected by House

Yes: 0 • No: 99

Senate vote 3/10/2026

Passed Senate with substitute Block Vote

Yes: 40 • No: 0

Senate vote 3/10/2026

Commerce and Labor Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/6/2026

Reported from Finance and Appropriations

Yes: 14 • No: 0

Senate vote 2/23/2026

Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations

Yes: 15 • No: 0

House vote 2/11/2026

Read third time and passed House Block Vote

Yes: 96 • No: 0

House vote 2/11/2026

Passed House Block Vote

Yes: 98 • No: 0

House vote 2/5/2026

Reported from Labor and Commerce with amendment(s)

Yes: 22 • No: 0

House vote 2/3/2026

Subcommittee recommends reporting with amendment(s)

Yes: 10 • No: 0

Actions Timeline

  1. Senate concurred in Governor's recommendation (39-Y 0-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation Block Vote (99-Y 0-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1083)

    4/22/2026Governor
  4. Reenrolled

    4/22/2026House
  5. Reenrolled bill text (HB1007ER2)

    4/22/2026House
  6. Approved by Governor-Chapter 1083 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by House

    4/13/2026Governor
  11. Fiscal Impact Statement from Department of Planning and Budget (HB1007)

    4/3/2026House
  12. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  13. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  14. Signed by Speaker

    3/31/2026House
  15. Enrolled

    3/30/2026House
  16. Enrolled

    3/30/2026House
  17. Bill text as passed House and Senate (HB1007ER)

    3/30/2026House
  18. Enrolled

    3/30/2026House
  19. Signed by President

    3/30/2026Senate
  20. Fiscal Impact statement from Department of Planning and Budget (HB1007)

    3/19/2026House
  21. Conference report agreed to by Senate (39-Y 0-N 0-A)

    3/14/2026Senate
  22. Conference report agreed to by House (91-Y 2-N 0-A)

    3/14/2026House
  23. Conference Report released

    3/13/2026
  24. House Conferees: Tran, Sullivan, O'Quinn

    3/12/2026House
  25. Conferees appointed by House

    3/12/2026House

Bill Text

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