{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5004.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5004.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5004.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5004.1.html"}],"law_id":54226,"edition_id":1,"section_id":54226,"structure_id":13218,"section_number":"38.2-5004.1","catch_line":"Notification of possible beneficiaries","history":"1999, c. 825; 2000, c. 1038; 2003, c. 897.","full_text":"A\n\nEach physician, hospital, and nurse midwife shall disclose in writing to their obstetrical patients, at such time or times and in such detail as the board of directors of the Program shall determine to be appropriate, whether such physician, hospital or nurse midwife is or is not a participating provider under the Program.B\n\nIn addition to any other postpartum materials provided to the mother or other appropriate person, every hospital shall provide for each infant who was hospitalized in a neonatal intensive care unit an informational brochure prepared or approved by the board of directors of the Program. The brochure shall describe the rights and limitations under the Program, including the Program’s exclusive remedy provision under subsection B of § 38.2-5002.C\n\nWhen a claim is made to an insurance company, as described in § 38.2-5020.1, licensed to do business in the Commonwealth of Virginia or to any self-insurer, alleging that a possible birth-related neurological injury or a severe adverse outcome related to a birth has occurred, such insurance company or self-insurer shall report such claim to the Program on a form provided by the Program. Upon receipt of such report, the Program shall inform the parent or parents or guardians of the child on whose behalf such claim has been made of the Program’s existence and eligibility requirements.D\n\nNo liability or inference of liability or eligibility shall attach to the making of such report. The making of such report shall not be admissible in any court.","order_by":null,"text":{"0":{"id":199133,"text":"Each physician, hospital, and nurse midwife shall disclose in writing to their obstetrical patients, at such time or times and in such detail as the board of directors of the Program shall determine to be appropriate, whether such physician, hospital or nurse midwife is or is not a participating provider under the Program.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199134,"text":"In addition to any other postpartum materials provided to the mother or other appropriate person, every hospital shall provide for each infant who was hospitalized in a neonatal intensive care unit an informational brochure prepared or approved by the board of directors of the Program. The brochure shall describe the rights and limitations under the Program, including the Program’s exclusive remedy provision under subsection B of § 38.2-5002.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199135,"text":"When a claim is made to an insurance company, as described in § 38.2-5020.1, licensed to do business in the Commonwealth of Virginia or to any self-insurer, alleging that a possible birth-related neurological injury or a severe adverse outcome related to a birth has occurred, such insurance company or self-insurer shall report such claim to the Program on a form provided by the Program. Upon receipt of such report, the Program shall inform the parent or parents or guardians of the child on whose behalf such claim has been made of the Program’s existence and eligibility requirements.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":199136,"text":"No liability or inference of liability or eligibility shall attach to the making of such report. The making of such report shall not be admissible in any court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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; medical records","url":"\/38.2-5004\/","token":"38.2\/50\/38.2-5004","metadata":false},{"id":54226,"structure_id":13218,"section_number":"38.2-5004.1","catch_line":"Notification of possible beneficiaries","url":"\/38.2-5004.1\/","token":"38.2\/50\/38.2-5004.1","metadata":false},{"id":59287,"structure_id":13218,"section_number":"38.2-5005","catch_line":"Tolling of statute of limitations","url":"\/38.2-5005\/","token":"38.2\/50\/38.2-5005","metadata":false},{"id":62777,"structure_id":13218,"section_number":"38.2-5006","catch_line":"Hearing; parties","url":"\/38.2-5006\/","token":"38.2\/50\/38.2-5006","metadata":false},{"id":73938,"structure_id":13218,"section_number":"38.2-5007","catch_line":"Interrogatories and depositions","url":"\/38.2-5007\/","token":"38.2\/50\/38.2-5007","metadata":false},{"id":62457,"structure_id":13218,"section_number":"38.2-5008","catch_line":"Determination of claims; presumption; finding of Virginia Workers' Compensation Commission binding on participants; medical advisory panel","url":"\/38.2-5008\/","token":"38.2\/50\/38.2-5008","metadata":false},{"id":85578,"structure_id":13218,"section_number":"38.2-5008.1","catch_line":"Right to confront and cross-examine witnesses","url":"\/38.2-5008.1\/","token":"38.2\/50\/38.2-5008.1","metadata":false},{"id":78254,"structure_id":13218,"section_number":"38.2-5009","catch_line":"Commission awards for birth-related neurological injuries; notice of award","url":"\/38.2-5009\/","token":"38.2\/50\/38.2-5009","metadata":false},{"id":87239,"structure_id":13218,"section_number":"38.2-5009.1","catch_line":"Infants dying shortly after birth","url":"\/38.2-5009.1\/","token":"38.2\/50\/38.2-5009.1","metadata":false},{"id":79332,"structure_id":13218,"section_number":"38.2-5010","catch_line":"Rehearing on Commission determination or award","url":"\/38.2-5010\/","token":"38.2\/50\/38.2-5010","metadata":false},{"id":67787,"structure_id":13218,"section_number":"38.2-5011","catch_line":"Conclusiveness of determination or award; appeal","url":"\/38.2-5011\/","token":"38.2\/50\/38.2-5011","metadata":false},{"id":86971,"structure_id":13218,"section_number":"38.2-5012","catch_line":"Enforcement, etc., of orders and awards","url":"\/38.2-5012\/","token":"38.2\/50\/38.2-5012","metadata":false},{"id":54550,"structure_id":13218,"section_number":"38.2-5013","catch_line":"Limitation on claims","url":"\/38.2-5013\/","token":"38.2\/50\/38.2-5013","metadata":false},{"id":76811,"structure_id":13218,"section_number":"38.2-5014","catch_line":"Scope","url":"\/38.2-5014\/","token":"38.2\/50\/38.2-5014","metadata":false},{"id":60095,"structure_id":13218,"section_number":"38.2-5015","catch_line":"Birth-Related Neurological Injury Compensation Fund; assets of the Fund; audit","url":"\/38.2-5015\/","token":"38.2\/50\/38.2-5015","metadata":false},{"id":54316,"structure_id":13218,"section_number":"38.2-5016","catch_line":"Board of directors; appointment; vacancies; term; list of Program claimants","url":"\/38.2-5016\/","token":"38.2\/50\/38.2-5016","metadata":false},{"id":54427,"structure_id":13218,"section_number":"38.2-5016.1","catch_line":"Investment strategy advice; expected returns","url":"\/38.2-5016.1\/","token":"38.2\/50\/38.2-5016.1","metadata":false},{"id":65282,"structure_id":13218,"section_number":"38.2-5017","catch_line":"Plan of operation","url":"\/38.2-5017\/","token":"38.2\/50\/38.2-5017","metadata":false},{"id":61928,"structure_id":13218,"section_number":"38.2-5018","catch_line":"Assessments to be held in restricted cash account","url":"\/38.2-5018\/","token":"38.2\/50\/38.2-5018","metadata":false},{"id":72367,"structure_id":13218,"section_number":"38.2-5019","catch_line":"Repealed","url":"\/38.2-5019\/","token":"38.2\/50\/38.2-5019","metadata":false},{"id":66131,"structure_id":13218,"section_number":"38.2-5020","catch_line":"Assessments","url":"\/38.2-5020\/","token":"38.2\/50\/38.2-5020","metadata":false},{"id":65425,"structure_id":13218,"section_number":"38.2-5020.1","catch_line":"Credits against malpractice insurance premiums","url":"\/38.2-5020.1\/","token":"38.2\/50\/38.2-5020.1","metadata":false},{"id":84304,"structure_id":13218,"section_number":"38.2-5021","catch_line":"Actuarial investigation, valuations, gain\/loss analysis; notice if assessments prove insufficient","url":"\/38.2-5021\/","token":"38.2\/50\/38.2-5021","metadata":false}],"previous_section":{"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; medical records","url":"\/38.2-5004\/","token":"38.2\/50\/38.2-5004","metadata":false},"next_section":{"id":59287,"structure_id":13218,"section_number":"38.2-5005","catch_line":"Tolling of statute of limitations","url":"\/38.2-5005\/","token":"38.2\/50\/38.2-5005","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5004.1\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 825<\/a> 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. It has been modified 2 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 2000, chapter 1038<\/a>; in 2003, chapter 897<\/a>.<\/p>","references":false,"refers_to":[{"id":65425,"section_number":"38.2-5020.1","catch_line":"Credits against malpractice insurance premiums","order_by":null,"url":"\/38.2-5020.1\/"}],"permalink":{"id":217619,"object_type":"law","relational_id":54226,"identifier":"38.2-5004.1","token":"38.2\/50\/38.2-5004.1","url":"\/38.2-5004.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5004.1\/","token":"38.2\/50\/38.2-5004.1","dublin_core":{"Title":"Notification of possible beneficiaries","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5004.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each physician, hospital, and nurse midwife shall disclose in writing to their obstetrical patients, at such time or times and in such detail as the board of directors of the Program<\/span> shall determine to be appropriate, whether such physician, hospital or nurse midwife is or is not a participating provider under the Program<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to any other postpartum materials<\/span> provided to the mother or other appropriate person<\/span>, every hospital shall provide for each infant who was hospitalized in a neonatal intensive care unit an informational brochure prepared or approved by the board of directors of the Program<\/span>. The brochure shall describe the rights and limitations under the Program<\/span>, including the Program<\/span>’s exclusive remedy provision under subsection B of § 38.2-5002<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a claim is made to an insurance company<\/span>, as described in § 38.2-5020.1<\/a>, licensed to do business in the Commonwealth of Virginia or to any self-insurer<\/span>, alleging that a possible birth-related neurological injury<\/span> or a severe adverse outcome related to a birth has occurred, such insurance company<\/span> or self-insurer<\/span> shall report such claim to the Program<\/span> on a form provided by the Program<\/span>. Upon receipt of such report, the Program<\/span> shall inform the parent or parents or guardians of the child on whose behalf such claim has been made of the Program<\/span>’s existence and eligibility requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No liability or inference of liability or eligibility shall attach to the making of such report. The making of such report shall not be admissible<\/span> in any court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTIFICATION OF POSSIBLE BENEFICIARIES (\u00a7 38.2-5004.1)\n\nA. Each physician, hospital, and nurse midwife shall disclose in writing to\ntheir obstetrical patients, at such time or times and in such detail as the\nboard of directors of the Program shall determine to be appropriate, whether\nsuch physician, hospital or nurse midwife is or is not a participating provider\nunder the Program.\n\nB. In addition to any other postpartum materials provided to the mother or other\nappropriate person, every hospital shall provide for each infant who was\nhospitalized in a neonatal intensive care unit an informational brochure\nprepared or approved by the board of directors of the Program. The brochure\nshall describe the rights and limitations under the Program, including the\nProgram’s exclusive remedy provision under subsection B of §\n38.2-5002.\n\nC. When a claim is made to an insurance company, as described in §\n38.2-5020.1, licensed to do business in the Commonwealth of Virginia or to any\nself-insurer, alleging that a possible birth-related neurological injury or a\nsevere adverse outcome related to a birth has occurred, such insurance company\nor self-insurer shall report such claim to the Program on a form provided by the\nProgram. Upon receipt of such report, the Program shall inform the parent or\nparents or guardians of the child on whose behalf such claim has been made of\nthe Program’s existence and eligibility requirements.\n\nD. No liability or inference of liability or eligibility shall attach to the\nmaking of such report. The making of such report shall not be admissible in any\ncourt.\n\nHISTORY: 1999, c. 825; 2000, c. 1038; 2003, c. 897.","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}}