{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5016.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5016.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5016.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5016.html"}],"law_id":54316,"edition_id":1,"section_id":54316,"structure_id":13218,"section_number":"38.2-5016","catch_line":"Board of directors; appointment; vacancies; term; list of Program claimants","history":"1987, c. 540; 1989, c. 523; 1994, c. 872; 1996, c. 232; 1997, c. 399; 1999, c. 824; 2002, c. 857; 2003, c. 897; 2006, c. 777; 2008, cc. 267, 520.","full_text":"A\n\nThe Birth-Related Neurological Injury Compensation Program shall be governed by a board of nine directors.B\n\nExcept as provided in subsection C, directors shall be appointed for a term of three years or until their successors are appointed and have qualified.C\n\n1. The directors shall be appointed by the Governor as follows:\n\t\t\ta. Six citizen representatives. One of the members shall have a minimum of five years of professional investment experience. One of the members shall have a minimum of five years of professional experience in finance and be licensed as a certified public accountant or hold a similar professional designation. One of the members shall have professional experience working with the disabled community. One of the members shall be the relative of a disabled child experienced in the care of the disabled child. One of the members shall be an attorney with a minimum of three years of experience in the practice of law representing clients with physical personal injuries. One of the members shall be an at large representative consisting of a person deemed qualified to serve by knowledge, education, training, interest or experience;\n\t\t\tb. One representative of participating physicians. The initial term of the member appointed in 1999 shall commence when appointed and shall be for one year;\n\t\t\tc. One representative of participating hospitals. The initial term of the member appointed in 1999 shall commence when appointed and shall be for two years; and\n\t\t\td. One representative of liability insurers. The initial term of the member appointed in 1999 shall commence when appointed and shall be for three years.2\n\nThe Governor may select the representative of the participating physicians from a list of at least three names to be recommended by the Virginia Society of Obstetrics and Gynecology; the representative of participating hospitals from a list of at least three names to be recommended by the Virginia Hospital & Healthcare Association; and the representative of liability insurers from a list of at least three names, one of whom is recommended by the American Insurance Association and two of whom are recommended by the Property Casualty Insurers Association of America. The Governor may select the attorney member from a list of at least four names to be recommended by the Virginia State Bar. The Governor may select the parent of a disabled child member and the at large member from applications duly submitted. Nothing contained herein shall preclude qualified applicants for any position on the Board from submitting an application to the Governor to serve as a member of the Board. In no case shall the Governor be bound to make any appointment from among the nominees of the respective associations.D\n\nThe Governor shall promptly notify the appropriate association, which may make nominations, of any vacancy other than by expiration among the members of the board representing a particular interest and like nominations may be made for the filling of the vacancy.E\n\nThe directors shall act by majority vote with five directors constituting a quorum for the transaction of any business or the exercise of any power of the Program. The directors shall serve without salary, but each director shall be reimbursed for actual and necessary expenses incurred in the performance of his official duties as a director of the Program. The directors shall not be subject to any personal liability with respect to the administration of the Program or the payment of any award.F\n\nThe board shall have the power to (i) administer the Program, (ii) administer the Birth-Related Neurological Injury Compensation Fund, which shall include the authority to purchase, hold, sell or transfer real or personal property and the authority to place any such property in trust for the benefit of claimants who have received awards pursuant to § 38.2-5009, (iii) appoint a service company or companies to administer the payment of claims on behalf of the Program, (iv) direct the investment and reinvestment of any surplus in the Fund over losses and expenses, provided any investment income generated thereby remains in the Fund, (v) reinsure the risks of the Fund in whole or in part, and (vi) obtain and maintain directors’ and officers’ liability insurance. The board shall discharge its duties with respect to the Fund solely in the interest of the recipients of awards pursuant to §§ 38.2-5009 and 38.2-5009.1 and shall invest the assets of the Fund with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Any decisions regarding the investment of the assets of the Fund shall be based on the advice of one or more investment advisors retained by the board, provided that any investment advisor retained by the board shall be registered pursuant to the provisions of Article 3 (§ 13.1-504 et seq.) of Chapter 5 of Title 13.1 or shall be a federal covered advisor as defined in § 13.1-501 who has filed such documents and paid such fees as may be necessary to transact business in the Commonwealth pursuant to § 13.1-504. The board shall report annually to the Governor and to the Speaker of the House of Delegates and the Clerk of the House of Delegates and to the Chairman of the Senate Rules Committee and the Clerk of the Senate regarding the investment of the Fund’s assets. The board shall establish a procedure in the plan of operation for notice to be given to obstetrical patients concerning the no-fault alternative for birth-related neurological injuries provided in this chapter, such notice to include a clear and concise explanation of a patient’s rights and limitations under the program.G\n\nThe board shall establish a procedure in the plan of operation for maintaining a list of Program claimants. Each claimant may consent to have his name, address, phone number, and other personal information included on such list, for distribution to other Program claimants. The Board shall distribute the list to Program claimants who have given consent to be included on such list, and to no other person.","order_by":null,"text":{"0":{"id":199407,"text":"The Birth-Related Neurological Injury Compensation Program shall be governed by a board of nine directors.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199408,"text":"Except as provided in subsection C, directors shall be appointed for a term of three years or until their successors are appointed and have qualified.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199409,"text":"1. The directors shall be appointed by the Governor as follows:\n\t\t\ta. Six citizen representatives. One of the members shall have a minimum of five years of professional investment experience. One of the members shall have a minimum of five years of professional experience in finance and be licensed as a certified public accountant or hold a similar professional designation. One of the members shall have professional experience working with the disabled community. One of the members shall be the relative of a disabled child experienced in the care of the disabled child. One of the members shall be an attorney with a minimum of three years of experience in the practice of law representing clients with physical personal injuries. One of the members shall be an at large representative consisting of a person deemed qualified to serve by knowledge, education, training, interest or experience;\n\t\t\tb. One representative of participating physicians. The initial term of the member appointed in 1999 shall commence when appointed and shall be for one year;\n\t\t\tc. One representative of participating hospitals. The initial term of the member appointed in 1999 shall commence when appointed and shall be for two years; and\n\t\t\td. One representative of liability insurers. The initial term of the member appointed in 1999 shall commence when appointed and shall be for three years.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":199410,"text":"The Governor may select the representative of the participating physicians from a list of at least three names to be recommended by the Virginia Society of Obstetrics and Gynecology; the representative of participating hospitals from a list of at least three names to be recommended by the Virginia Hospital & Healthcare Association; and the representative of liability insurers from a list of at least three names, one of whom is recommended by the American Insurance Association and two of whom are recommended by the Property Casualty Insurers Association of America. The Governor may select the attorney member from a list of at least four names to be recommended by the Virginia State Bar. The Governor may select the parent of a disabled child member and the at large member from applications duly submitted. Nothing contained herein shall preclude qualified applicants for any position on the Board from submitting an application to the Governor to serve as a member of the Board. In no case shall the Governor be bound to make any appointment from among the nominees of the respective associations.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"D"},"4":{"id":199411,"text":"The Governor shall promptly notify the appropriate association, which may make nominations, of any vacancy other than by expiration among the members of the board representing a particular interest and like nominations may be made for the filling of the vacancy.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"5":{"id":199412,"text":"The directors shall act by majority vote with five directors constituting a quorum for the transaction of any business or the exercise of any power of the Program. The directors shall serve without salary, but each director shall be reimbursed for actual and necessary expenses incurred in the performance of his official duties as a director of the Program. The directors shall not be subject to any personal liability with respect to the administration of the Program or the payment of any award.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":199413,"text":"The board shall have the power to (i) administer the Program, (ii) administer the Birth-Related Neurological Injury Compensation Fund, which shall include the authority to purchase, hold, sell or transfer real or personal property and the authority to place any such property in trust for the benefit of claimants who have received awards pursuant to § 38.2-5009, (iii) appoint a service company or companies to administer the payment of claims on behalf of the Program, (iv) direct the investment and reinvestment of any surplus in the Fund over losses and expenses, provided any investment income generated thereby remains in the Fund, (v) reinsure the risks of the Fund in whole or in part, and (vi) obtain and maintain directors’ and officers’ liability insurance. The board shall discharge its duties with respect to the Fund solely in the interest of the recipients of awards pursuant to §§ 38.2-5009 and 38.2-5009.1 and shall invest the assets of the Fund with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Any decisions regarding the investment of the assets of the Fund shall be based on the advice of one or more investment advisors retained by the board, provided that any investment advisor retained by the board shall be registered pursuant to the provisions of Article 3 (§ 13.1-504 et seq.) of Chapter 5 of Title 13.1 or shall be a federal covered advisor as defined in § 13.1-501 who has filed such documents and paid such fees as may be necessary to transact business in the Commonwealth pursuant to § 13.1-504. The board shall report annually to the Governor and to the Speaker of the House of Delegates and the Clerk of the House of Delegates and to the Chairman of the Senate Rules Committee and the Clerk of the Senate regarding the investment of the Fund’s assets. The board shall establish a procedure in the plan of operation for notice to be given to obstetrical patients concerning the no-fault alternative for birth-related neurological injuries provided in this chapter, such notice to include a clear and concise explanation of a patient’s rights and limitations under the program.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"7":{"id":199414,"text":"The board shall establish a procedure in the plan of operation for maintaining a list of Program claimants. Each claimant may consent to have his name, address, phone number, and other personal information included on such list, for distribution to other Program claimants. The Board shall distribute the list to Program claimants who have given consent to be included on such list, and to no other person.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5016\/","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 1994, chapter 872<\/a>; in 1996, chapter 232<\/a>; in 1997, chapter 399<\/a>; in 1999, chapter 824<\/a>; in 2002, chapter 857<\/a>; in 2003, chapter 897<\/a>; in 2006, chapter 777<\/a>; in 2008, chapters 267<\/a> and 520<\/a>.<\/p>","references":[{"id":54427,"section_number":"38.2-5016.1","catch_line":"Investment strategy advice; expected returns","order_by":null,"url":"\/38.2-5016.1\/"}],"refers_to":[{"id":75080,"section_number":"13.1-501","catch_line":"Definitions","order_by":null,"url":"\/13.1-501\/"},{"id":77849,"section_number":"13.1-504","catch_line":"Registration","order_by":null,"url":"\/13.1-504\/"},{"id":78254,"section_number":"38.2-5009","catch_line":"Commission awards for birth-related neurological injuries; notice of award","order_by":null,"url":"\/38.2-5009\/"},{"id":87239,"section_number":"38.2-5009.1","catch_line":"Infants dying shortly after birth","order_by":null,"url":"\/38.2-5009.1\/"}],"permalink":{"id":217675,"object_type":"law","relational_id":54316,"identifier":"38.2-5016","token":"38.2\/50\/38.2-5016","url":"\/38.2-5016\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5016\/","token":"38.2\/50\/38.2-5016","dublin_core":{"Title":"Board of directors; appointment; vacancies; term; list of Program claimants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5016","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Birth-Related Neurological Injury<\/span> Compensation Program<\/span> shall be governed by a board of nine directors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in subsection C, directors shall be appointed for a term of three years or until their successors are appointed and have qualified. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. The directors shall be appointed by the Governor as follows:\n\t\t\ta. Six citizen representatives. One of the members shall have a minimum of five years of professional investment experience. One of the members shall have a minimum of five years of professional experience in finance and be licensed as a certified public accountant or hold a similar professional designation. One of the members shall have professional experience working with the disabled community. One of the members shall be the relative of a disabled child experienced in the care of the disabled child. One of the members shall be an attorney with a minimum of three years of experience in the practice of law<\/span> representing clients with physical personal injuries. One of the members shall be an at large representative consisting of a person<\/span> deemed qualified to serve by knowledge, education, training, interest or experience;\n\t\t\tb. One representative of participating physicians<\/span>. The initial term of the member appointed in 1999 shall commence when appointed and shall be for one year;\n\t\t\tc. One representative of participating hospitals<\/span>. The initial term of the member appointed in 1999 shall commence when appointed and shall be for two years; and\n\t\t\td. One representative of liability insurers<\/span>. The initial term of the member appointed in 1999 shall commence when appointed and shall be for three years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Governor may select the representative of the participating physicians<\/span> from a list of at least three names to be recommended by the Virginia Society of Obstetrics and Gynecology; the representative of participating hospitals<\/span> from a list of at least three names to be recommended by the Virginia Hospital & Healthcare Association; and the representative of liability insurers<\/span> from a list of at least three names, one of whom is recommended by the American Insurance<\/span> Association and two of whom are recommended by the Property Casualty Insurers<\/span> Association of America. The Governor may select the attorney member from a list of at least four names to be recommended by the Virginia State<\/span> Bar. The Governor may select the parent of a disabled child member and the at large member from applications duly submitted. Nothing contained herein shall preclude qualified applicants for any position on the Board from submitting an application to the Governor to serve as a member of the Board. In no case shall the Governor be bound to make any appointment from among the nominees of the respective associations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Governor shall promptly notify the appropriate association, which may make nominations, of any vacancy other than by expiration among the members of the board representing a particular interest and like nominations may be made for the filling of the vacancy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The directors shall act by majority vote with five directors constituting a quorum for the transaction of any business or the exercise of any power of the Program<\/span>. The directors shall serve without salary, but each director shall be reimbursed for actual and necessary expenses incurred in the performance of his official duties as a director of the Program<\/span>. The directors shall not be subject to any personal liability with respect to the administration of the Program<\/span> or the payment of any award. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The board shall have the power to (i) administer the Program<\/span>, (ii) administer the Birth-Related Neurological Injury<\/span> Compensation Fund, which shall include the authority to purchase, hold, sell or transfer real or personal property and the authority to place any such property in trust for the benefit of claimants<\/span> who have received awards pursuant to § 38.2-5009<\/a>, (iii) appoint a service company<\/span> or companies to administer the payment of claims on behalf of the Program<\/span>, (iv) direct the investment and reinvestment of any surplus in the Fund over losses and expenses, provided any investment income generated thereby remains in the Fund, (v) reinsure the risks of the Fund in whole or in part, and (vi) obtain and maintain directors’ and officers’ liability insurance<\/span>. The board shall discharge its duties with respect to the Fund solely in the interest of the recipients of awards pursuant to §§ 38.2-5009<\/a> and 38.2-5009.1<\/a> and shall invest the assets<\/span> of the Fund with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person<\/span> acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Any decisions regarding the investment of the assets<\/span> of the Fund shall be based on the advice of one or more investment advisors retained by the board, provided that any investment advisor retained by the board shall be registered pursuant to the provisions of Article 3 (§ 13.1-504<\/a> et seq.) of Chapter 5 of Title 13.1 or shall be a federal covered advisor as defined in § 13.1-501<\/a> who has filed such documents and paid such fees as may be necessary to transact business in the Commonwealth pursuant to § 13.1-504<\/a>. The board shall report annually to the Governor and to the Speaker of the House of Delegates and the Clerk of the House of Delegates and to the Chairman of the Senate Rules Committee and the Clerk of the Senate regarding the investment of the Fund’s assets<\/span>. The board shall establish a procedure in the plan of operation for notice to be given to obstetrical patients concerning the no-fault alternative for birth-related neurological injuries provided in this chapter, such notice to include a clear and concise explanation of a patient’s rights and limitations under the program<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The board shall establish a procedure in the plan of operation for maintaining a list of Program<\/span> claimants<\/span>. Each claimant<\/span> may consent to have his name, address, phone number, and other personal information included on such list, for distribution to other Program<\/span> claimants<\/span>. The Board shall distribute the list to Program<\/span> claimants<\/span> who have given consent to be included on such list, and to no other person<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARD OF DIRECTORS; APPOINTMENT; VACANCIES; TERM; LIST OF PROGRAM CLAIMANTS (\u00a7\n38.2-5016)\n\nA. The Birth-Related Neurological Injury Compensation Program shall be governed\nby a board of nine directors.\n\nB. Except as provided in subsection C, directors shall be appointed for a term\nof three years or until their successors are appointed and have qualified.\n\nC. 1. The directors shall be appointed by the Governor as follows:\n\t\t\ta. Six citizen representatives. One of the members shall have a minimum of\nfive years of professional investment experience. One of the members shall have\na minimum of five years of professional experience in finance and be licensed as\na certified public accountant or hold a similar professional designation. One of\nthe members shall have professional experience working with the disabled\ncommunity. One of the members shall be the relative of a disabled child\nexperienced in the care of the disabled child. One of the members shall be an\nattorney with a minimum of three years of experience in the practice of law\nrepresenting clients with physical personal injuries. One of the members shall\nbe an at large representative consisting of a person deemed qualified to serve\nby knowledge, education, training, interest or experience;\n\t\t\tb. One representative of participating physicians. The initial term of the\nmember appointed in 1999 shall commence when appointed and shall be for one\nyear;\n\t\t\tc. One representative of participating hospitals. The initial term of the\nmember appointed in 1999 shall commence when appointed and shall be for two\nyears; and\n\t\t\td. One representative of liability insurers. The initial term of the member\nappointed in 1999 shall commence when appointed and shall be for three years.\n\n 2. The Governor may select the representative of the participating physicians\n from a list of at least three names to be recommended by the Virginia Society\n of Obstetrics and Gynecology; the representative of participating hospitals\n from a list of at least three names to be recommended by the Virginia Hospital\n & Healthcare Association; and the representative of liability insurers\n from a list of at least three names, one of whom is recommended by the\n American Insurance Association and two of whom are recommended by the Property\n Casualty Insurers Association of America. The Governor may select the attorney\n member from a list of at least four names to be recommended by the Virginia\n State Bar. The Governor may select the parent of a disabled child member and\n the at large member from applications duly submitted. Nothing contained herein\n shall preclude qualified applicants for any position on the Board from\n submitting an application to the Governor to serve as a member of the Board.\n In no case shall the Governor be bound to make any appointment from among the\n nominees of the respective associations.\n\nD. The Governor shall promptly notify the appropriate association, which may\nmake nominations, of any vacancy other than by expiration among the members of\nthe board representing a particular interest and like nominations may be made\nfor the filling of the vacancy.\n\nE. The directors shall act by majority vote with five directors constituting a\nquorum for the transaction of any business or the exercise of any power of the\nProgram. The directors shall serve without salary, but each director shall be\nreimbursed for actual and necessary expenses incurred in the performance of his\nofficial duties as a director of the Program. The directors shall not be subject\nto any personal liability with respect to the administration of the Program or\nthe payment of any award.\n\nF. The board shall have the power to (i) administer the Program, (ii) administer\nthe Birth-Related Neurological Injury Compensation Fund, which shall include the\nauthority to purchase, hold, sell or transfer real or personal property and the\nauthority to place any such property in trust for the benefit of claimants who\nhave received awards pursuant to § 38.2-5009, (iii) appoint a service\ncompany or companies to administer the payment of claims on behalf of the\nProgram, (iv) direct the investment and reinvestment of any surplus in the Fund\nover losses and expenses, provided any investment income generated thereby\nremains in the Fund, (v) reinsure the risks of the Fund in whole or in part, and\n(vi) obtain and maintain directors’ and officers’ liability\ninsurance. The board shall discharge its duties with respect to the Fund solely\nin the interest of the recipients of awards pursuant to §§ 38.2-5009\nand 38.2-5009.1 and shall invest the assets of the Fund with the care, skill,\nprudence, and diligence under the circumstances then prevailing that a prudent\nperson acting in a like capacity and familiar with such matters would use in the\nconduct of an enterprise of a like character and with like aims. Any decisions\nregarding the investment of the assets of the Fund shall be based on the advice\nof one or more investment advisors retained by the board, provided that any\ninvestment advisor retained by the board shall be registered pursuant to the\nprovisions of Article 3 (§ 13.1-504 et seq.) of Chapter 5 of Title 13.1 or\nshall be a federal covered advisor as defined in § 13.1-501 who has filed\nsuch documents and paid such fees as may be necessary to transact business in\nthe Commonwealth pursuant to § 13.1-504. The board shall report annually to\nthe Governor and to the Speaker of the House of Delegates and the Clerk of the\nHouse of Delegates and to the Chairman of the Senate Rules Committee and the\nClerk of the Senate regarding the investment of the Fund’s assets. The\nboard shall establish a procedure in the plan of operation for notice to be\ngiven to obstetrical patients concerning the no-fault alternative for\nbirth-related neurological injuries provided in this chapter, such notice to\ninclude a clear and concise explanation of a patient’s rights and\nlimitations under the program.\n\nG. The board shall establish a procedure in the plan of operation for\nmaintaining a list of Program claimants. Each claimant may consent to have his\nname, address, phone number, and other personal information included on such\nlist, for distribution to other Program claimants. The Board shall distribute\nthe list to Program claimants who have given consent to be included on such\nlist, and to no other person.\n\nHISTORY: 1987, c. 540; 1989, c. 523; 1994, c. 872; 1996, c. 232; 1997, c. 399;\n1999, c. 824; 2002, c. 857; 2003, c. 897; 2006, c. 777; 2008, cc. 267, 520.","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}}