SB 398: Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 3

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. April 13, 2026Governor's recommendation received by Senate
2. April 3, 2026Fiscal Impact Statement from Department of Planning and Budget (SB398)
3. March 31, 2026Governor's Action Deadline 11:59 p.m., April 13, 2026
4. March 31, 2026Enrolled Bill communicated to Governor on March 31, 2026
5. March 31, 2026Signed by Speaker
6. March 30, 2026Signed by President
7. March 30, 2026Bill text as passed Senate and House (SB398ER)
8. March 30, 2026Enrolled
9. March 18, 2026Fiscal Impact Statement from Department of Planning and Budget (SB398)
10. March 14, 2026Conference report agreed to by Senate (39-Y 0-N 0-A)
11. March 14, 2026Conference report agreed to by House (95-Y 0-N 0-A)
12. March 13, 2026Conference Report released

Showing 12 most recent of 40 actions. Full history