{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5001.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5001.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5001.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5001.html"}],"law_id":83577,"edition_id":1,"section_id":83577,"structure_id":13218,"section_number":"38.2-5001","catch_line":"Definitions","history":"1987, c. 540; 1989, c. 523; 1990, cc. 234, 534; 1994, c. 872; 1995, c. 302; 1999, c. 806; 2000, c. 207; 2003, c. 897; 2004, cc. 896, 931; 2017, c. 756.","full_text":"As used in this chapter:\n\t\t“Birth-related neurological injury” means injury to the brain or spinal cord of an infant caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation necessitated by a deprivation of oxygen or mechanical injury that occurred in the course of labor or delivery, in a hospital which renders the infant permanently motorically disabled and (i) developmentally disabled or (ii) for infants sufficiently developed to be cognitively evaluated, cognitively disabled. In order to constitute a “birth-related neurological injury” within the meaning of this chapter, such disability shall cause the infant to be permanently in need of assistance in all activities of daily living. This definition shall apply to live births only and shall not include disability or death caused by genetic or congenital abnormality, degenerative neurological disease, or maternal substance abuse.\n\t\t“Claimant” means any person who files a claim pursuant to \u00a7 38.2-5004 for compensation for a birth-related neurological injury to an infant. Such claims may be filed by any legal representative on behalf of an injured infant; and, in the case of a deceased infant, the claim may be filed by an administrator, executor, or other legal representative.\n\t\t“Commission” means the Virginia Workers’ Compensation Commission.\n\t\t“Participating hospital” means a general hospital licensed in Virginia which at the time of the injury (i) had in force an agreement with the Commissioner of Health or his designee, in a form prescribed by the Commissioner, whereby the hospital agreed to participate in the development of a program to provide obstetrical care to patients eligible for Medical Assistance Services and to patients who are indigent, and upon approval of such program by the Commissioner of Health, to participate in its implementation, (ii) had in force an agreement with the State Department of Health whereby the hospital agreed to submit to review of its obstetrical service, as required by subsection C of \u00a7 38.2-5004, and (iii) had paid the participating hospital assessment pursuant to \u00a7 38.2-5020 for the period of time in which the birth-related neurological injury occurred. The term also includes employees of such hospitals, excluding physicians or nurse-midwives who are eligible to qualify as participating physicians, acting in the course of and in the scope of their employment.\n\t\t“Participating physician” means a physician licensed in Virginia to practice medicine, who practices obstetrics or performs obstetrical services either full or part time or, as authorized in the plan of operation, a licensed nurse-midwife who performs obstetrical services, either full or part time, within the scope of such licensure and who at the time of the injury (i) had in force an agreement with the Commissioner of Health or his designee, in a form prescribed by the Commissioner, whereby the physician agreed to participate in the development of a program to provide obstetrical care to patients eligible for Medical Assistance Services and to patients who are indigent, and upon approval of such program by the Commissioner of Health, to participate in its implementation, (ii) had in force an agreement with the Board of Medicine whereby the physician agreed to submit to review by the Board of Medicine as required by subsection B of \u00a7 38.2-5004, and (iii) had paid the participating physician assessment pursuant to \u00a7 38.2-5020 for the period of time in which the birth-related neurological injury occurred. The term “participating physician” includes a partnership, corporation, professional corporation, professional limited liability company or other entity through which the participating physician practices.\n\t\t“Program” means the Virginia Birth-Related Neurological Injury Compensation Program established by this chapter.","order_by":null,"text":{"0":{"id":299521,"text":"As used in this chapter:\n\t\t“Birth-related neurological injury” means injury to the brain or spinal cord of an infant caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation necessitated by a deprivation of oxygen or mechanical injury that occurred in the course of labor or delivery, in a hospital which renders the infant permanently motorically disabled and (i) developmentally disabled or (ii) for infants sufficiently developed to be cognitively evaluated, cognitively disabled. In order to constitute a “birth-related neurological injury” within the meaning of this chapter, such disability shall cause the infant to be permanently in need of assistance in all activities of daily living. This definition shall apply to live births only and shall not include disability or death caused by genetic or congenital abnormality, degenerative neurological disease, or maternal substance abuse.\n\t\t“Claimant” means any person who files a claim pursuant to \u00a7 38.2-5004 for compensation for a birth-related neurological injury to an infant. Such claims may be filed by any legal representative on behalf of an injured infant; and, in the case of a deceased infant, the claim may be filed by an administrator, executor, or other legal representative.\n\t\t“Commission” means the Virginia Workers’ Compensation Commission.\n\t\t“Participating hospital” means a general hospital licensed in Virginia which at the time of the injury (i) had in force an agreement with the Commissioner of Health or his designee, in a form prescribed by the Commissioner, whereby the hospital agreed to participate in the development of a program to provide obstetrical care to patients eligible for Medical Assistance Services and to patients who are indigent, and upon approval of such program by the Commissioner of Health, to participate in its implementation, (ii) had in force an agreement with the State Department of Health whereby the hospital agreed to submit to review of its obstetrical service, as required by subsection C of \u00a7 38.2-5004, and (iii) had paid the participating hospital assessment pursuant to \u00a7 38.2-5020 for the period of time in which the birth-related neurological injury occurred. The term also includes employees of such hospitals, excluding physicians or nurse-midwives who are eligible to qualify as participating physicians, acting in the course of and in the scope of their employment.\n\t\t“Participating physician” means a physician licensed in Virginia to practice medicine, who practices obstetrics or performs obstetrical services either full or part time or, as authorized in the plan of operation, a licensed nurse-midwife who performs obstetrical services, either full or part time, within the scope of such licensure and who at the time of the injury (i) had in force an agreement with the Commissioner of Health or his designee, in a form prescribed by the Commissioner, whereby the physician agreed to participate in the development of a program to provide obstetrical care to patients eligible for Medical Assistance Services and to patients who are indigent, and upon approval of such program by the Commissioner of Health, to participate in its implementation, (ii) had in force an agreement with the Board of Medicine whereby the physician agreed to submit to review by the Board of Medicine as required by subsection B of \u00a7 38.2-5004, and (iii) had paid the participating physician assessment pursuant to \u00a7 38.2-5020 for the period of time in which the birth-related neurological injury occurred. The term “participating physician” includes a partnership, corporation, professional corporation, professional limited liability company or other entity through which the participating physician practices.\n\t\t“Program” means the Virginia Birth-Related Neurological Injury Compensation Program established by this chapter.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13218,"edition_id":1,"name":"Virginia Birth-Related Neurological Injury Compensation Act","identifier":"50","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:28","date_modified":"2026-06-26 03:44:28","permalink":{"id":217589,"object_type":"structure","relational_id":13218,"identifier":"50","token":"38.2\/50","url":"\/38.2\/50\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74067,"structure_id":13218,"section_number":"38.2-5000","catch_line":"Short title","url":"\/38.2-5000\/","token":"38.2\/50\/38.2-5000","metadata":false},{"id":83577,"structure_id":13218,"section_number":"38.2-5001","catch_line":"Definitions","url":"\/38.2-5001\/","token":"38.2\/50\/38.2-5001","metadata":false},{"id":77129,"structure_id":13218,"section_number":"38.2-5002","catch_line":"Virginia Birth-Related Neurological Injury Compensation Program; exclusive remedy; exception","url":"\/38.2-5002\/","token":"38.2\/50\/38.2-5002","metadata":false},{"id":66273,"structure_id":13218,"section_number":"38.2-5002.1","catch_line":"Representation by Office of Attorney General; applicability of Public Procurement Act, Freedom of Information Act, and Administrative Process Act","url":"\/38.2-5002.1\/","token":"38.2\/50\/38.2-5002.1","metadata":false},{"id":57479,"structure_id":13218,"section_number":"38.2-5002.2","catch_line":"Confidentiality of certain information; penalty","url":"\/38.2-5002.2\/","token":"38.2\/50\/38.2-5002.2","metadata":false},{"id":72413,"structure_id":13218,"section_number":"38.2-5003","catch_line":"Virginia Workers' Compensation Commission authorized to hear and determine claims","url":"\/38.2-5003\/","token":"38.2\/50\/38.2-5003","metadata":false},{"id":57908,"structure_id":13218,"section_number":"38.2-5004","catch_line":"Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; 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notice if assessments prove insufficient","url":"\/38.2-5021\/","token":"38.2\/50\/38.2-5021","metadata":false}],"previous_section":{"id":74067,"structure_id":13218,"section_number":"38.2-5000","catch_line":"Short title","url":"\/38.2-5000\/","token":"38.2\/50\/38.2-5000","metadata":false},"next_section":{"id":77129,"structure_id":13218,"section_number":"38.2-5002","catch_line":"Virginia Birth-Related Neurological Injury Compensation Program; exclusive remedy; exception","url":"\/38.2-5002\/","token":"38.2\/50\/38.2-5002","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5001\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 540 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 523; in 1990, chapters 234 and 534; in 1994, chapter 872<\/a>; in 1995, chapter 302<\/a>; in 1999, chapter 806<\/a>; in 2000, chapter 207<\/a>; in 2003, chapter 897<\/a>; in 2004, chapters 896<\/a> and 931<\/a>; in 2017, chapter 756<\/a>.<\/p>","references":[{"id":62457,"section_number":"38.2-5008","catch_line":"Determination of claims; presumption; finding of Virginia Workers' Compensation Commission binding on participants; medical advisory panel","order_by":null,"url":"\/38.2-5008\/"},{"id":83214,"section_number":"8.01-273.1","catch_line":"Motion for judgment; motion to refer; Virginia Birth-Related Neurological Injury Compensation Act","order_by":null,"url":"\/8.01-273.1\/"}],"refers_to":[{"id":57908,"section_number":"38.2-5004","catch_line":"Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; medical records","order_by":null,"url":"\/38.2-5004\/"},{"id":66131,"section_number":"38.2-5020","catch_line":"Assessments","order_by":null,"url":"\/38.2-5020\/"}],"permalink":{"id":217595,"object_type":"law","relational_id":83577,"identifier":"38.2-5001","token":"38.2\/50\/38.2-5001","url":"\/38.2-5001\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5001\/","token":"38.2\/50\/38.2-5001","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5001","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter:\n\t\t“Birth-related neurological injury<\/span>” means injury to the brain or spinal cord of an infant caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation necessitated by a deprivation of oxygen or mechanical injury that occurred in the course of labor or delivery, in a hospital which renders the infant permanently motorically disabled and (i) developmentally disabled or (ii) for infants sufficiently developed to be cognitively evaluated, cognitively disabled. In order<\/span> to constitute a “birth-related neurological injury<\/span>” within the meaning of this chapter, such disability shall cause the infant to be permanently in need of assistance in all activities of daily living. This definition shall apply to live births only and shall not include disability or death caused by genetic or congenital abnormality, degenerative neurological disease, or maternal substance abuse.\n\t\t“Claimant<\/span>” means any person<\/span> who files a claim pursuant to \u00a7 38.2-5004<\/a> for compensation for a birth-related neurological injury<\/span> to an infant. Such claims may be filed by any legal representative on behalf of an injured infant; and, in the case of a deceased infant, the claim may be filed by an administrator, executor, or other legal representative.\n\t\t“Commission<\/span>” means the Virginia Workers’ Compensation Commission<\/span>.\n\t\t“Participating hospital<\/span>” means a general hospital licensed in Virginia which at the time of the injury (i) had in force an agreement with the Commissioner<\/span> of Health or his designee, in a form prescribed by the Commissioner<\/span>, whereby the hospital agreed to participate in the development of a program<\/span> to provide obstetrical care to patients eligible for Medical Assistance Services and to patients who are indigent<\/span>, and upon approval of such program<\/span> by the Commissioner<\/span> of Health, to participate in its implementation, (ii) had in force an agreement with the State<\/span> Department of Health whereby the hospital agreed to submit to review of its obstetrical service, as required by subsection C of \u00a7 38.2-5004<\/a>, and (iii) had paid the participating hospital<\/span> assessment pursuant to \u00a7 38.2-5020<\/a> for the period of time in which the birth-related neurological injury<\/span> occurred. The term also includes employees of such hospitals, excluding physicians or nurse-midwives who are eligible to qualify as participating physicians<\/span>, acting in the course of and in the scope of their employment.\n\t\t“Participating physician<\/span>” means a physician licensed in Virginia to practice medicine, who practices obstetrics or performs obstetrical services either full or part time or, as authorized in the plan of operation, a licensed nurse-midwife who performs obstetrical services, either full or part time, within the scope of such licensure and who at the time of the injury (i) had in force an agreement with the Commissioner<\/span> of Health or his designee, in a form prescribed by the Commissioner<\/span>, whereby the physician agreed to participate in the development of a program<\/span> to provide obstetrical care to patients eligible for Medical Assistance Services and to patients who are indigent<\/span>, and upon approval of such program<\/span> by the Commissioner<\/span> of Health, to participate in its implementation, (ii) had in force an agreement with the Board of Medicine whereby the physician agreed to submit to review by the Board of Medicine as required by subsection B of \u00a7 38.2-5004<\/a>, and (iii) had paid the participating physician<\/span> assessment pursuant to \u00a7 38.2-5020<\/a> for the period of time in which the birth-related neurological injury<\/span> occurred. The term “participating physician<\/span>” includes a partnership, corporation, professional corporation, professional limited liability company<\/span> or other entity through which the participating physician<\/span> practices.\n\t\t“Program<\/span>” means the Virginia Birth-Related Neurological Injury<\/span> Compensation Program<\/span> established by this chapter.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 38.2-5001)\n\nAs used in this chapter:\n\t\t“Birth-related neurological injury” means injury to the brain or\nspinal cord of an infant caused by the deprivation of oxygen or mechanical\ninjury occurring in the course of labor, delivery or resuscitation necessitated\nby a deprivation of oxygen or mechanical injury that occurred in the course of\nlabor or delivery, in a hospital which renders the infant permanently\nmotorically disabled and (i) developmentally disabled or (ii) for infants\nsufficiently developed to be cognitively evaluated, cognitively disabled. In\norder to constitute a “birth-related neurological injury” within the\nmeaning of this chapter, such disability shall cause the infant to be\npermanently in need of assistance in all activities of daily living. This\ndefinition shall apply to live births only and shall not include disability or\ndeath caused by genetic or congenital abnormality, degenerative neurological\ndisease, or maternal substance abuse.\n\t\t“Claimant” means any person who files a claim pursuant to \u00a7\n38.2-5004 for compensation for a birth-related neurological injury to an infant.\nSuch claims may be filed by any legal representative on behalf of an injured\ninfant; and, in the case of a deceased infant, the claim may be filed by an\nadministrator, executor, or other legal representative.\n\t\t“Commission” means the Virginia Workers’ Compensation\nCommission.\n\t\t“Participating hospital” means a general hospital licensed in\nVirginia which at the time of the injury (i) had in force an agreement with the\nCommissioner of Health or his designee, in a form prescribed by the\nCommissioner, whereby the hospital agreed to participate in the development of a\nprogram to provide obstetrical care to patients eligible for Medical Assistance\nServices and to patients who are indigent, and upon approval of such program by\nthe Commissioner of Health, to participate in its implementation, (ii) had in\nforce an agreement with the State Department of Health whereby the hospital\nagreed to submit to review of its obstetrical service, as required by subsection\nC of \u00a7 38.2-5004, and (iii) had paid the participating hospital assessment\npursuant to \u00a7 38.2-5020 for the period of time in which the birth-related\nneurological injury occurred. The term also includes employees of such\nhospitals, excluding physicians or nurse-midwives who are eligible to qualify as\nparticipating physicians, acting in the course of and in the scope of their\nemployment.\n\t\t“Participating physician” means a physician licensed in Virginia\nto practice medicine, who practices obstetrics or performs obstetrical services\neither full or part time or, as authorized in the plan of operation, a licensed\nnurse-midwife who performs obstetrical services, either full or part time,\nwithin the scope of such licensure and who at the time of the injury (i) had in\nforce an agreement with the Commissioner of Health or his designee, in a form\nprescribed by the Commissioner, whereby the physician agreed to participate in\nthe development of a program to provide obstetrical care to patients eligible\nfor Medical Assistance Services and to patients who are indigent, and upon\napproval of such program by the Commissioner of Health, to participate in its\nimplementation, (ii) had in force an agreement with the Board of Medicine\nwhereby the physician agreed to submit to review by the Board of Medicine as\nrequired by subsection B of \u00a7 38.2-5004, and (iii) had paid the participating\nphysician assessment pursuant to \u00a7 38.2-5020 for the period of time in which\nthe birth-related neurological injury occurred. The term “participating\nphysician” includes a partnership, corporation, professional corporation,\nprofessional limited liability company or other entity through which the\nparticipating physician practices.\n\t\t“Program” means the Virginia Birth-Related Neurological Injury\nCompensation Program established by this chapter.\n\nHISTORY: 1987, c. 540; 1989, c. 523; 1990, cc. 234, 534; 1994, c. 872; 1995, c.\n302; 1999, c. 806; 2000, c. 207; 2003, c. 897; 2004, cc. 896, 931; 2017, c. 756.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}