Code of Virginia - Title 38.2 Insurance - Chapter 50 Virginia Birth-Related Neurological Injury Compensation Act

38.2-5000 Short title
The provisions of this chapter shall be known and may be cited as the Virginia Birth-Related Neurological Injury Compensation Act. (1987, c. 540.) ...
38.2-5001 Definitions
As used in this chapter: "Birth-related neurological injury" means injury to the brain or spinal cord of an infant caused by the deprivation of oxygen ...
38.2-5002 Virginia Birth-Related Neurological Injury Compensation Program; exclusive remedy; exceptio...
A. There is hereby established the Virginia Birth-Related Neurological Injury Compensation Program. B. Except as provided in subsection D, the rights and remedies herein granted ...
38.2-5002.1 Representation by Office of Attorney General; applicability of Public Procurement Act, Freedom of I...
A. The Office of the Attorney General shall provide requested legal services to the Program as provided in this subsection. The Program shall compensate the ...
38.2-5002.2 Confidentiality of certain information; penalty
The following records of the Program shall be confidential: (i) records subject to the attorney-client privilege; (ii) medical and mental records of claimants obtained by ...
38.2-5003 Virginia Workers' Compensation Commission authorized to hear and determine claims
The Virginia Workers' Compensation Commission is authorized to hear and pass upon all claims filed pursuant to this chapter. The Commission may exercise the power ...
38.2-5004 Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses...
A. 1. In all claims filed under this chapter, the claimant shall file with the Commission a petition, setting forth the following information: a. The ...
38.2-5004.1 Notification of possible beneficiaries
A. Each physician, hospital, and nurse midwife shall disclose in writing to their obstetrical patients, at such time or times and in such detail as ...
38.2-5005 Tolling of statute of limitations
The statute of limitations with respect to any civil action that may be brought by or on behalf of an injured infant allegedly arising out ...
38.2-5006 Hearing; parties
A. Immediately after the Program's response is filed pursuant to subsection D of § 38.2-5004, the Commission shall set the date for a hearing, which ...
38.2-5007 Interrogatories and depositions
Any party to a proceeding under this chapter may, upon application to the Commission setting forth the materiality of the information requested, serve interrogatories or ...
38.2-5008 Determination of claims; presumption; finding of Virginia Workers' Compensation Commission binding ...
A. The Commission shall determine, on the basis of the evidence presented to it, the following issues: 1. Whether the injury claimed is a birth-related ...
38.2-5008.1 Right to confront and cross-examine witnesses
Upon a timely motion, all parties to a claim under this chapter shall have the right to confront and cross-examine witnesses. In pursuing that right, ...
38.2-5009 Commission awards for birth-related neurological injuries; notice of award
A. Upon determining (i) that an infant has sustained a birth-related neurological injury and (ii) that obstetrical services were delivered by a participating physician at ...
38.2-5009.1 Infants dying shortly after birth
A. For births occurring on or after July 1, 2003, if the Commission determines that an infant has sustained a birth-related neurological injury and that ...
38.2-5010 Rehearing on Commission determination or award
If an application for review is made to the Commission within twenty days from the date of a determination pursuant to subdivisions A 1 through ...
38.2-5011 Conclusiveness of determination or award; appeal
A. The determination of the Commission pursuant to subdivisions A 1 through A 3 of § 38.2-5008, or the award of the Commission, as provided ...
38.2-5012 Enforcement, etc., of orders and awards
The Commission has full authority to enforce its orders and protect itself from deception. While the language of this section is permissive and provides that ...
38.2-5013 Limitation on claims
Any claim under this chapter that is filed more than ten years after the birth of an infant alleged to have a birth-related neurological injury ...
38.2-5014 Scope
This chapter applies to all claims for birth-related neurological injuries occurring in this Commonwealth on and after January 1, 1988. The chapter shall not apply ...
38.2-5015 Birth-Related Neurological Injury Compensation Fund; assets of the Fund; audit
A. There is established the Birth-Related Neurological Injury Compensation Fund to finance the Virginia Birth-Related Neurological Injury Compensation Program created by this chapter. The assets ...
38.2-5016 Board of directors; appointment; vacancies; term; list of Program claimants
A. The Birth-Related Neurological Injury Compensation Program shall be governed by a board of nine directors. B. Except as provided in subsection C, directors shall ...
38.2-5016.1 Investment strategy advice; expected returns
The investment advisor or advisors retained by the board pursuant to subsection F of § 38.2-5016 shall provide the board with annual statements explaining the ...
38.2-5017 Plan of operation
A. On or before September 30, 1987, the directors of the Program shall submit to the State Corporation Commission for review a proposed plan of ...
38.2-5018 Assessments to be held in restricted cash account
All assessments paid pursuant to the plan of operation, shall be held in a separate restricted cash account under the sole control of an independent ...
38.2-5019 Description unavailable
Repealed by Acts 1989, c. 523. ...
38.2-5020 Assessments
A. A physician who otherwise qualifies as a participating physician pursuant to this chapter may become a participating physician in the Program for a particular ...
38.2-5020.1 Credits against malpractice insurance premiums
A. Each insurer issuing or issuing for delivery in the Commonwealth any personal injury liability policy which provides medical malpractice liability coverage for the obstetrical ...
38.2-5021 Actuarial investigation, valuations, gain/loss analysis; notice if assessments prove insufficien...
A. The Bureau of Insurance of the State Corporation Commission shall undertake an actuarial investigation of the requirements of the Fund based on the Fund's ...

Last modified: April 3, 2009