VirginiaHB10072026 Regular SessionHouseWALLET

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

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

Signed by Governor

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

8 provisions identified: 4 benefits, 2 costs, 2 mixed.

Higher family awards after infant death

The law raises the maximum family award after an infant’s death from $100,000 to $500,000, beyond other Program compensation. The birth must occur on or after July 1, 2003, with a participating physician providing obstetrical services or in a participating hospital. The Commission must find a qualifying birth-related neurological injury, and the infant must die within 180 days of birth. After a hearing, the Commission decides whether to award payment, its amount, and how it is paid. The award cannot exceed $500,000.

More care reimbursements for injured children

Program families can seek payment for nursing, attendant, residential, and custodial care provided by a relative or legal guardian. The law removes the requirement that this care exceed normal unpaid childcare for an uninjured child. Families can also seek payment for reasonable education advocate service expenses. The Commission decides whether to award those expenses.

Stronger benefit protections for Program families

For admitted claimants, the Program board cannot use rules or policies to end, limit, or cap benefits otherwise payable. It also cannot unreasonably delay payment. When the Commission finds a covered payment was delayed without reasonable grounds, it must add interest. Interest uses the judgment rate and runs from the date payment or reimbursement was first requested.

Paid insurance with new family requirements

The Commission may require families to buy private health insurance when a comparison finds it more cost-effective than paying medical bills. The comparison must consider benefits and effects on the family’s health coverage. The Fund pays the premiums or other insurance costs. If buying coverage is unreasonably burdensome, the Commission may instead award the cost of private accident and sickness insurance. The law removes the option to require Medicaid, CHIP, or another state or federal health program.

Clearer claims handling for Program families

The Program’s operating plan must require acknowledgment and processing to begin within 15 business days after a reimbursement claim is submitted. It must provide claim tracking, payment or denial details, appeal information, reimbursement timelines, timely-payment safeguards, and a secure, HIPAA-compliant portal. Parties can request answers, documents, and admissions, and take witness depositions inside or outside Virginia without first seeking Commission permission. The board can settle or discharge compensation claims without approval from the Attorney General or Governor. The Fund must repay all Commission costs to develop, implement, and maintain the electronic filing system.

Filing costs and excluded family legal fees

Claimants must pay the Virginia Workers’ Compensation Commission $15 for each Program petition filed. The fee is separate from Program benefits. Reimbursable claim-filing expenses exclude attorney fees incurred in opposing the claimant’s admission under the court-referral process.

Annual insurer payments fund birth-injury benefits

Licensed carriers writing liability insurance in Virginia must pay an annual assessment into the birth-injury compensation Fund for the following year. The law removes the condition that this payment be needed to maintain the Fund’s financial soundness. The State Corporation Commission sets the amount, capped at 0.25% of net direct premiums written in Virginia. At the Commission’s discretion, insurers may recover assessments through policy surcharges, future rate increases, or both.

Court claims and recovery rights for families

Related birth-injury lawsuits against participating physicians or hospitals are referred to the Virginia Workers’ Compensation Commission. The Commission decides whether the claim meets the Program’s requirements. The Program does not bar related civil lawsuits against nonparticipating physicians or hospitals. Once the Fund accepts a claim and pays benefits, it takes over the infant’s and specified family members’ common-law recovery rights against that provider. These rights include negligence and malpractice claims.

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

House vote • 4/22/2026

House concurred in Governor's recommendation Block Vote

Yes: 99 • No: 0

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 39 • No: 0

Senate vote • 3/14/2026

Conference report agreed to by Senate

Yes: 39 • No: 0

House vote • 3/14/2026

Conference report agreed to by House

Yes: 91 • No: 2

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

Passed House Block Vote

Yes: 98 • No: 0

House vote • 2/11/2026

Read third time and passed House Block Vote

Yes: 96 • 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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