# Virginia SB398: Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.

Virginia SB398, Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims., is a 2026 Regular Session Senate bill sponsored by Russet Perry (Democratic); status signed, last action 2026-04-22 (House concurred in Governor's recommendation (98-Y 0-N 0-A)); PRIA reads it as touching household money (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/VA-SB398-2026
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Virginia SB398
- State: Virginia
- Session: 2026 Regular Session
- Title: Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.
- Status: signed
- Chamber: Senate
- Introduced: 2026-01-13
- Last action: 2026-04-22, House concurred in Governor's recommendation (98-Y 0-N 0-A)
- Sponsor: Russet Perry (Democratic)
- Cosponsors: 0
- Touches household money: yes
- Roll calls: 16 (579 yes, 40 no in all)
- Economic provisions PRIA read: 7

## 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 incorporates SB 434 and is identical to HB 1007.

## Bill overview: provisions PRIA read

- Higher family awards after infant death: benefit, high. The law raises the maximum family death award from $100,000 to $500,000, on top of other program compensation. The birth must occur on or after July 1, 2003, and involve a participating doctor or hospital. The infant must suffer a birth-related neurological injury and die within 180 days of birth.…
- More paid care by family members: benefit, medium. The birth injury program can reimburse nursing, attendant, residential, and custodial care provided by a relative or legal guardian. The law removes the former exclusion for care considered part of ordinary unpaid child-care duties. The person receiving care must be a program beneficiary. Payment i…
- Stronger birth injury benefit payment protections: benefit, medium. The board cannot use rules or policies to end, limit, cap, or unreasonably delay benefits for admitted claimants. The program’s operating plan must require claim acknowledgment and the start of reimbursement processing within 15 business days of submission. It must provide claim tracking, benefit e…
- Families pay birth injury petition fees: cost, low. Anyone filing a petition under the birth injury program must pay the Virginia Workers’ Compensation Commission $15. The fee applies to each petition filed.
- Liability insurers must fund injury benefits: cost, low. Licensed insurers writing liability insurance in Virginia must pay an assessment into the birth injury Fund for the following year. The law removes the prior condition tying this assessment to a funding shortfall after other assessments. The State Corporation Commission sets the amount, capped at 0…
- Birth injury claim and recovery rules: mixed, medium. Birth-related neurological injury lawsuits against participating doctors or hospitals go to the Virginia Workers’ Compensation Commission for review of program requirements. The program board may settle or close compensation claims without approval from the Attorney General or Governor. It does not…
- Fund-paid insurance with family purchase requirements: mixed, medium. The Virginia Workers’ Compensation Commission may require families to buy private health insurance when it is more cost-effective than direct medical payments. The Fund pays the premiums or other costs. The cost comparison must include effects on the infant’s family health coverage. If requiring th…

## Sponsors and cosponsors

- Sponsor: Russet Perry (Democratic), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-04-22 | House | House concurred in Governor's recommendation | pass | 98 | 0 |   |
| 2026-04-22 | Senate | Senate concurred in Governor's recommendation | pass | 39 | 0 |   |
| 2026-03-14 | House | Conference report agreed to by House | pass | 95 | 0 |   |
| 2026-03-14 | Senate | Conference report agreed to by Senate | pass | 39 | 0 |   |
| 2026-03-03 | Senate | Senate acceded to request Block Vote | pass | 40 | 0 |   |
| 2026-02-26 | Senate | House substitute rejected by Senate | fail | 0 | 40 |   |
| 2026-02-24 | House | Passed House with substitute Block Vote | pass | 98 | 0 |   |
| 2026-02-19 | House | Reported from Labor and Commerce with substitute | pass | 20 | 0 |   |
| 2026-02-10 | Senate | Commerce and Labor Amendment rejected | pass | 0 | 0 |   |
| 2026-02-10 | Senate | Read third time and passed Senate Block Vote | pass | 40 | 0 |   |
| 2026-02-10 | Senate | Finance and Appropriations Substitute agreed to | pass | 0 | 0 |   |
| 2026-02-10 | Senate | Constitutional reading dispensed Block Vote (on 3rd reading) | pass | 40 | 0 |   |
| 2026-02-09 | Senate | Constitutional reading dispensed Block Vote (on 1st reading) | pass | 40 | 0 |   |
| 2026-02-09 | Senate | Passed by for the day Block Vote (Voice Vote) | pass | 0 | 0 |   |
| 2026-02-05 | Senate | Reported from Finance and Appropriations with substitute | pass | 15 | 0 |   |
| 2026-01-26 | Senate | Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations | pass | 15 | 0 |   |

## Actions (62)

- 2026-04-22: House concurred in Governor's recommendation (98-Y 0-N 0-A) (House)
- 2026-04-22: Senate concurred in Governor's recommendation (39-Y 0-N 0-A) (Senate)
- 2026-04-22: Acts of Assembly Chapter text (CHAP1010) (Governor)
- 2026-04-22: Reenrolled bill text (SB398ER2) (Senate)
- 2026-04-22: Reenrolled (Senate)
- 2026-04-22: Approved by Governor-Chapter 1010 (effective 7/1/2026) (Governor)
- 2026-04-22: Signed by President (Senate)
- 2026-04-22: Signed by Speaker (House)
- 2026-04-22: Governor's recommendation adopted (Governor)
- 2026-04-13: Governor's recommendation received by Senate (Governor)
- 2026-04-03: Fiscal Impact Statement from Department of Planning and Budget (SB398) (Senate)
- 2026-03-31: Governor's Action Deadline 11:59 p.m., April 13, 2026 (Governor)
- 2026-03-31: Enrolled Bill communicated to Governor on March 31, 2026 (Senate)
- 2026-03-31: Signed by Speaker (House)
- 2026-03-30: Bill text as passed Senate and House (SB398ER) (Senate)
- 2026-03-30: Enrolled (Senate)
- 2026-03-30: Signed by President (Senate)
- 2026-03-18: Fiscal Impact Statement from Department of Planning and Budget (SB398) (Senate)
- 2026-03-14: Conference report agreed to by Senate (39-Y 0-N 0-A) (Senate)
- 2026-03-14: Conference report agreed to by House (95-Y 0-N 0-A) (House)
- 2026-03-13: Conference Report released
- 2026-03-05: House Conferees: Tran, Sullivan, O'Quinn (House)
- 2026-03-05: Conferees appointed by House (House)
- 2026-03-03: Senate acceded to request Block Vote (40-Y 0-N 0-A) (Senate)
- 2026-03-03: Senate Conferees: Perry, Surovell, Obenshain (Senate)
- 2026-03-03: Conferees appointed by Senate (Senate)
- 2026-02-27: House requested conference committee (House)
- 2026-02-27: House insisted on substitute (House)
- 2026-02-26: House substitute rejected by Senate (0-Y 40-N 0-A) (Senate)
- 2026-02-24: Passed House with substitute Block Vote (98-Y 0-N 0-A) (House)
- 2026-02-24: Engrossed by House - committee substitute (House)
- 2026-02-24: committee substitute agreed to (House)
- 2026-02-24: Read third time (House)
- 2026-02-23: Read second time (House)
- 2026-02-20: Fiscal Impact Statement from Department of Planning and Budget (SB398) (Senate)
- 2026-02-19: Committee substitute printed 26108282D-H1 (House)
- 2026-02-19: Fiscal Impact Statement from Department of Planning and Budget (SB398) (Senate)
- 2026-02-19: Reported from Labor and Commerce with substitute (20-Y 0-N) (House)
- 2026-02-13: Read first time (House)
- 2026-02-13: Referred to Committee on Labor and Commerce (House)
- 2026-02-13: Placed on Calendar (House)
- 2026-02-10: Read third time and passed Senate Block Vote (40-Y 0-N 0-A) (Senate)
- 2026-02-10: Constitutional reading dispensed Block Vote (on 3rd reading) (40-Y 0-N 0-A) (Senate)
- 2026-02-10: Finance and Appropriations Substitute agreed to (Senate)
- 2026-02-10: Commerce and Labor Amendment rejected (Senate)
- 2026-02-10: Rules suspended (Senate)
- 2026-02-10: Engrossed by Senate - committee substitute (Voice Vote) (Senate)
- 2026-02-10: Read second time (Senate)
- 2026-02-09: Passed by for the day Block Vote (Voice Vote) (Senate)
- 2026-02-09: Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A) (Senate)
- 2026-02-09: Committee substitute printed 26107380D-S1 (Senate)
- 2026-02-09: Passed by for the day (Senate)
- 2026-02-09: Rules suspended (Senate)
- 2026-02-05: Reported from Finance and Appropriations with substitute (15-Y 0-N) (Senate)
- 2026-02-05: Incorporates SB434 (McPike) (Senate)
- 2026-02-03: Fiscal Impact Statement from Department of Planning and Budget (SB398) (Senate)
- 2026-02-02: Fiscal Impact Statement from Department of Planning and Budget (SB398) (Senate)
- 2026-02-02: Fiscal Impact Statement from Department of Planning and Budget (SB398) (Senate)
- 2026-01-26: Senate committee offered (Senate)
- 2026-01-26: Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations (15-Y 0-N) (Senate)
- 2026-01-13: Referred to Committee on Commerce and Labor (Senate)
- 2026-01-13: Prefiled and ordered printed; Offered 01-14-2026 26105392D (Senate)

## Bill text

- Chaptered, 2026-04-22: [HTML](https://lis.blob.core.windows.net/files/1225123.HTML), [PDF](https://lis.blob.core.windows.net/files/1225122.PDF)
- Reenrolled, 2026-04-22: [HTML](https://lis.blob.core.windows.net/files/1220890.HTML), [PDF](https://lis.blob.core.windows.net/files/1220889.PDF)
- Gov Recommendation, 2026-04-13: [HTML](https://lis.blob.core.windows.net/files/1219687.HTML)
- Enrolled, 2026-03-30: [HTML](https://lis.blob.core.windows.net/files/1214326.HTML), [PDF](https://lis.blob.core.windows.net/files/1214325.PDF)
- Conference Report, 2026-03-13: [HTML](https://lis.blob.core.windows.net/files/1211183.HTML)
- Substitute, 2026-03-13: [HTML](https://lis.blob.core.windows.net/files/1211180.HTML), [PDF](https://lis.blob.core.windows.net/files/1211179.PDF)
- Substitute, 2026-02-19: [HTML](https://lis.blob.core.windows.net/files/1170863.HTML), [PDF](https://lis.blob.core.windows.net/files/1170862.PDF)
- Substitute, 2026-02-09: [HTML](https://lis.blob.core.windows.net/files/1133949.HTML), [PDF](https://lis.blob.core.windows.net/files/1133948.PDF)
- Amendment, 2026-01-29: [HTML](https://lis.blob.core.windows.net/files/1101271.HTML)
- Amendment, 2026-01-26: [HTML](https://lis.blob.core.windows.net/files/1096888.HTML)
- Introduced, 2026-01-13: [HTML](https://lis.blob.core.windows.net/files/1089914.HTML), [PDF](https://lis.blob.core.windows.net/files/1089913.PDF)

## Related bills

- HB5: Employment; paid sick leave, civil penalties. (signed)
- SB199: Employment; paid sick leave, civil penalties. (signed)
- HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement. (signed)
- HB1393: Electric utilities; pilot program for energy assistance and weatherization for certain individuals. (signed)
- HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, termination by landlord. (signed)
- HB675: Protection of employees; coercion or threat based on immigration status, civil penalty. (signed)

## Sources
- [Chaptered (HTML)](https://lis.blob.core.windows.net/files/1225123.HTML)
- [Chaptered (PDF)](https://lis.blob.core.windows.net/files/1225122.PDF)
- [Reenrolled (HTML)](https://lis.blob.core.windows.net/files/1220890.HTML)
- [Reenrolled (PDF)](https://lis.blob.core.windows.net/files/1220889.PDF)
- [Gov Recommendation (HTML)](https://lis.blob.core.windows.net/files/1219687.HTML)
- [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1214326.HTML)
- [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1214325.PDF)
- [Conference Report (HTML)](https://lis.blob.core.windows.net/files/1211183.HTML)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1211180.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1211179.PDF)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1170863.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1170862.PDF)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1133949.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1133948.PDF)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1101271.HTML)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1096888.HTML)
- [Introduced (HTML)](https://lis.blob.core.windows.net/files/1089914.HTML)
- [Introduced (PDF)](https://lis.blob.core.windows.net/files/1089913.PDF)

## Related
- [HB5: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-HB5-2026)
- [SB199: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-SB199-2026)
- [HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with…](https://policyrisk.com/state-bill/VA-HB95-2026)
- [HB1393: Electric utilities; pilot program for energy assistance and weatherization for…](https://policyrisk.com/state-bill/VA-HB1393-2026)
- [HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, terminat…](https://policyrisk.com/state-bill/VA-HB834-2026)
- [HB675: Protection of employees; coercion or threat based on immigration status, civil…](https://policyrisk.com/state-bill/VA-HB675-2026)
- [Virginia bills](https://policyrisk.com/states/virginia/bills)
- [Virginia state hub](https://policyrisk.com/states/virginia)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/VA-SB398-2026 (as of 2026-10-12).