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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 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 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 alters the composition of the Program's board of directors to include three relatives of current or former beneficiaries, 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.
Introduced
Jan 13, 2026
Last Action
Mar 14, 2026
Session
VA 2026
Sponsors
1 primary · 2 co
Conference report agreed to by Senate (39-Y 0-N 0-A)
Conference report agreed to by House (95-Y 0-N 0-A)
Conference Report released
Conferees appointed by House
House Conferees: Tran, Sullivan, O'Quinn
Conferees appointed by Senate
Senate Conferees: Perry, Surovell, Obenshain
Senate acceded to request Block Vote (40-Y 0-N 0-A)
House insisted on substitute
House requested conference committee
House substitute rejected by Senate (0-Y 40-N 0-A)
Passed House with substitute (98-Y 0-N 0-A)
Engrossed by House - committee substitute
committee substitute agreed to
Read third time
Read second time
Fiscal Impact Statement from Department of Planning and Budget (SB398)
Fiscal Impact Statement from Department of Planning and Budget (SB398)
Committee substitute printed 26108282D-H1
Reported from Labor and Commerce with substitute (20-Y 0-N)
Read first time
Placed on Calendar
Referred to Committee on Labor and Commerce
Read second time
Read third time and passed Senate Block Vote (40-Y 0-N 0-A)
Constitutional reading dispensed Block Vote (on 3rd reading) (40-Y 0-N 0-A)
Rules suspended
Engrossed by Senate - committee substitute (Voice Vote)
Finance and Appropriations Substitute agreed to
Commerce and Labor Amendment rejected
Rules suspended
Passed by for the day
Passed by for the day (Voice Vote)
Constitutional reading dispensed (on 1st reading) (40-Y 0-N 0-A)
Committee substitute printed 26107380D-S1
Reported from Finance and Appropriations with substitute (15-Y 0-N)
Incorporates SB434 (McPike)
Fiscal Impact Statement from Department of Planning and Budget (SB398)
Fiscal Impact Statement from Department of Planning and Budget (SB398)
Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations (15-Y 0-N)
Senate committee offered
Referred to Committee on Commerce and Labor
Prefiled and ordered printed; Offered 01-14-2026 26105392D
Get a plain-English explanation of what this bill does, who it affects, and why it matters.
Conference report agreed to by Senate (39-Y 0-N 0-A)
Jeremy S. McPike