{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5020.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5020.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5020.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5020.html"}],"law_id":66131,"edition_id":1,"section_id":66131,"structure_id":13218,"section_number":"38.2-5020","catch_line":"Assessments","history":"1987, c. 540; 1989, cc. 361, 463, 523; 1990, c. 498; 1991, c. 486; 1992, cc. 414, 767; 1994, c. 872; 2004, cc. 896, 931; 2008, cc. 267, 520.","full_text":"A\n\nA physician who otherwise qualifies as a participating physician pursuant to this chapter may become a participating physician in the Program for a particular calendar year by paying an annual participating physician assessment to the Program in the amount of $5,000 on or before December 1 of the previous year, in the manner required by the plan of operation. Effective January 1, 2009, the total annual assessment shall be $5,600, and shall increase by $300 for the 2010 assessment and by $100 each year thereafter, to a maximum of $6,200 per year. The board may authorize a prorated participating physician or participating hospital assessment for a particular year in its plan of operation, but such prorated assessment shall not become effective until the physician or hospital has given at least 30 days’ notice to the Program of the request for a prorated assessment.B\n\nNotwithstanding the provisions of subsection A, a participating hospital with a residency training program accredited to the American Council for Graduate Medical Education may pay an annual participating physician assessment to the Program for residency positions in the hospital’s residency training program, in the manner provided by the plan of operation. However, any resident in a duly accredited family practice or obstetrics residency training program at a participating hospital shall be considered a participating physician in the Program and neither the resident nor the hospital shall be required to pay any assessment for such participation. No resident shall become a participating physician in the Program, however, until 30 days following notification by the hospital to the Program of the name of the resident or residents filling the particular position for which the annual participating physician assessment payment, if required, has been made.C\n\nA hospital that otherwise qualifies as a participating hospital pursuant to this chapter may become a participating hospital in the Program for a particular year by paying an annual participating hospital assessment to the Program, on or before December 1 of the previous year, amounting to $50 per live birth for the prior year, as reported to the Department of Health in the Annual Survey of Hospitals. Effective January 1, 2009, the annual participating hospital assessment shall increase by $2.50 per live birth for the prior year, as reported to the Department of Health in the Annual Survey of Hospitals, and shall be increased at that rate each year thereafter to a maximum of $55 per live birth so reported for the prior year. The participating hospital assessment shall not exceed $150,000 for any participating hospital in any 12-month period until January 1, 2005. Effective January 1, 2005, the maximum total annual assessment shall be $160,000, and shall increase by $10,000 each year thereafter, to a maximum of $200,000 in any 12-month period.D\n\nAll licensed physicians practicing in the Commonwealth on September 30 of a particular year, other than participating physicians, shall pay to the Program an annual assessment of $250 for the following year, in the manner required by the plan of operation until January 1, 2005. Effective January 1, 2005, the total annual assessment shall be $260, and shall increase by $10 each year thereafter to a maximum of $300 per year.\n\t\t\tUpon proper certification to the Program, the following physicians shall be exempt from the payment of the annual assessment under this subsection:1\n\nA physician who is employed by the Commonwealth or federal government and whose income from professional fees is less than an amount equal to 10 percent of the annual salary of the physician.2\n\nA physician who is enrolled in a full-time graduate medical education program accredited by the American Council for Graduate Medical Education.3\n\nA physician who has retired from active clinical practice.4\n\nA physician whose active clinical practice is limited to the provision of services, voluntarily and without compensation, to any patient of any clinic which is organized in whole or in part for the delivery of health care services without charge as provided in § 54.1-106.E\n\nTaking into account the assessments collected pursuant to subsections A through D of this section, if required to maintain the Fund on an actuarially sound basis, all insurance carriers licensed to write and engaged in writing liability insurance in the Commonwealth of a particular year, shall pay into the Fund an assessment for the following year, in an amount determined by the State Corporation Commission pursuant to subsection A of \u00a7 38.2-5021, in the manner required by the plan of operation. Liability insurance for the purposes of this provision shall include the classes of insurance defined in \u00a7\u00a7 38.2-117, 38.2-118, and 38.2-119 and the liability portions of the insurance defined in \u00a7\u00a7 38.2-124, 38.2-125, 38.2-130, 38.2-131, and 38.2-132.1\n\nAll annual assessments against liability insurance carriers shall be made on the basis of net direct premiums written for the business activity which forms the basis for each such entity’s inclusion as a funding source for the Program in the Commonwealth during the prior year ending December 31, as reported to the State Corporation Commission, and shall be in the proportion that the net direct premiums written by each on account of the business activity forming the basis for their inclusion in the Program bears to the aggregate net direct premiums for all such business activity written in this Commonwealth by all such entities. For purposes of this chapter “net direct premiums written” means gross direct premiums written in this Commonwealth on all policies of liability insurance less (i) all return premiums on the policy, (ii) dividends paid or credited to policyholders, and (iii) the unused or unabsorbed portions of premium deposits on liability insurance.2\n\nThe entities listed in this subsection shall not be individually liable for an annual assessment in excess of one quarter of one percent of that entity’s net direct premiums written.3\n\nLiability insurance carriers shall be entitled to recover their initial and annual assessments through (i) a surcharge on future policies, (ii) a rate increase applicable prospectively, or (iii) a combination of the two, at the discretion of the State Corporation Commission.F\n\nOn and after January 1, 1989, a participating physician covered under the provisions of this section who has paid an annual assessment for a particular calendar year to the Program and who retires from the practice of medicine during that particular calendar year shall be entitled to a refund of a prorated share of his or her annual assessment for the calendar year that corresponds to the portion of the calendar year remaining following his or her retirement.G\n\nWhenever the State Corporation Commission determines the Fund is actuarially sound in conjunction with actuarial investigations conducted pursuant to § 38.2-5021, it shall enter an order suspending the assessment required under subsection D. The annual assessment shall be reinstated whenever the State Corporation Commission determines that such assessment is required to maintain the Fund’s actuarial soundness.","order_by":null,"text":{"0":{"id":240240,"text":"A physician who otherwise qualifies as a participating physician pursuant to this chapter may become a participating physician in the Program for a particular calendar year by paying an annual participating physician assessment to the Program in the amount of $5,000 on or before December 1 of the previous year, in the manner required by the plan of operation. Effective January 1, 2009, the total annual assessment shall be $5,600, and shall increase by $300 for the 2010 assessment and by $100 each year thereafter, to a maximum of $6,200 per year. The board may authorize a prorated participating physician or participating hospital assessment for a particular year in its plan of operation, but such prorated assessment shall not become effective until the physician or hospital has given at least 30 days’ notice to the Program of the request for a prorated assessment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240241,"text":"Notwithstanding the provisions of subsection A, a participating hospital with a residency training program accredited to the American Council for Graduate Medical Education may pay an annual participating physician assessment to the Program for residency positions in the hospital’s residency training program, in the manner provided by the plan of operation. However, any resident in a duly accredited family practice or obstetrics residency training program at a participating hospital shall be considered a participating physician in the Program and neither the resident nor the hospital shall be required to pay any assessment for such participation. No resident shall become a participating physician in the Program, however, until 30 days following notification by the hospital to the Program of the name of the resident or residents filling the particular position for which the annual participating physician assessment payment, if required, has been made.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240242,"text":"A hospital that otherwise qualifies as a participating hospital pursuant to this chapter may become a participating hospital in the Program for a particular year by paying an annual participating hospital assessment to the Program, on or before December 1 of the previous year, amounting to $50 per live birth for the prior year, as reported to the Department of Health in the Annual Survey of Hospitals. Effective January 1, 2009, the annual participating hospital assessment shall increase by $2.50 per live birth for the prior year, as reported to the Department of Health in the Annual Survey of Hospitals, and shall be increased at that rate each year thereafter to a maximum of $55 per live birth so reported for the prior year. The participating hospital assessment shall not exceed $150,000 for any participating hospital in any 12-month period until January 1, 2005. Effective January 1, 2005, the maximum total annual assessment shall be $160,000, and shall increase by $10,000 each year thereafter, to a maximum of $200,000 in any 12-month period.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":240243,"text":"All licensed physicians practicing in the Commonwealth on September 30 of a particular year, other than participating physicians, shall pay to the Program an annual assessment of $250 for the following year, in the manner required by the plan of operation until January 1, 2005. Effective January 1, 2005, the total annual assessment shall be $260, and shall increase by $10 each year thereafter to a maximum of $300 per year.\n\t\t\tUpon proper certification to the Program, the following physicians shall be exempt from the payment of the annual assessment under this subsection:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":240244,"text":"A physician who is employed by the Commonwealth or federal government and whose income from professional fees is less than an amount equal to 10 percent of the annual salary of the physician.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":240245,"text":"A physician who is enrolled in a full-time graduate medical education program accredited by the American Council for Graduate Medical Education.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":240246,"text":"A physician who has retired from active clinical practice.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":240247,"text":"A physician whose active clinical practice is limited to the provision of services, voluntarily and without compensation, to any patient of any clinic which is organized in whole or in part for the delivery of health care services without charge as provided in § 54.1-106.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"E"},"8":{"id":240248,"text":"Taking into account the assessments collected pursuant to subsections A through D of this section, if required to maintain the Fund on an actuarially sound basis, all insurance carriers licensed to write and engaged in writing liability insurance in the Commonwealth of a particular year, shall pay into the Fund an assessment for the following year, in an amount determined by the State Corporation Commission pursuant to subsection A of \u00a7 38.2-5021, in the manner required by the plan of operation. Liability insurance for the purposes of this provision shall include the classes of insurance defined in \u00a7\u00a7 38.2-117, 38.2-118, and 38.2-119 and the liability portions of the insurance defined in \u00a7\u00a7 38.2-124, 38.2-125, 38.2-130, 38.2-131, and 38.2-132.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D4","next_prefix":"E1"},"9":{"id":240249,"text":"All annual assessments against liability insurance carriers shall be made on the basis of net direct premiums written for the business activity which forms the basis for each such entity’s inclusion as a funding source for the Program in the Commonwealth during the prior year ending December 31, as reported to the State Corporation Commission, and shall be in the proportion that the net direct premiums written by each on account of the business activity forming the basis for their inclusion in the Program bears to the aggregate net direct premiums for all such business activity written in this Commonwealth by all such entities. For purposes of this chapter “net direct premiums written” means gross direct premiums written in this Commonwealth on all policies of liability insurance less (i) all return premiums on the policy, (ii) dividends paid or credited to policyholders, and (iii) the unused or unabsorbed portions of premium deposits on liability insurance.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"10":{"id":240250,"text":"The entities listed in this subsection shall not be individually liable for an annual assessment in excess of one quarter of one percent of that entity’s net direct premiums written.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"11":{"id":240251,"text":"Liability insurance carriers shall be entitled to recover their initial and annual assessments through (i) a surcharge on future policies, (ii) a rate increase applicable prospectively, or (iii) a combination of the two, at the discretion of the State Corporation Commission.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"12":{"id":240252,"text":"On and after January 1, 1989, a participating physician covered under the provisions of this section who has paid an annual assessment for a particular calendar year to the Program and who retires from the practice of medicine during that particular calendar year shall be entitled to a refund of a prorated share of his or her annual assessment for the calendar year that corresponds to the portion of the calendar year remaining following his or her retirement.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"G"},"13":{"id":240253,"text":"Whenever the State Corporation Commission determines the Fund is actuarially sound in conjunction with actuarial investigations conducted pursuant to § 38.2-5021, it shall enter an order suspending the assessment required under subsection D. The annual assessment shall be reinstated whenever the State Corporation Commission determines that such assessment is required to maintain the Fund’s actuarial soundness.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5020\/","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 7 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, chapters 361, 463, and 523; in 1990, chapter 498; in 1991, chapter 486; in 1992, chapters 414 and 767; in 1994, chapter 872<\/a>; in 2004, chapters 896<\/a> and 931<\/a>; in 2008, chapters 267<\/a> and 520<\/a>.<\/p>","references":[{"id":83577,"section_number":"38.2-5001","catch_line":"Definitions","order_by":null,"url":"\/38.2-5001\/"},{"id":65282,"section_number":"38.2-5017","catch_line":"Plan of operation","order_by":null,"url":"\/38.2-5017\/"},{"id":84304,"section_number":"38.2-5021","catch_line":"Actuarial investigation, valuations, gain\/loss analysis; notice if assessments prove insufficient","order_by":null,"url":"\/38.2-5021\/"}],"refers_to":[{"id":83683,"section_number":"38.2-117","catch_line":"Personal injury liability","order_by":null,"url":"\/38.2-117\/"},{"id":58741,"section_number":"38.2-118","catch_line":"Property damage liability","order_by":null,"url":"\/38.2-118\/"},{"id":80898,"section_number":"38.2-119","catch_line":"Workers' compensation and employers' liability","order_by":null,"url":"\/38.2-119\/"},{"id":66976,"section_number":"38.2-124","catch_line":"Motor vehicle","order_by":null,"url":"\/38.2-124\/"},{"id":66153,"section_number":"38.2-125","catch_line":"Aircraft","order_by":null,"url":"\/38.2-125\/"},{"id":75005,"section_number":"38.2-130","catch_line":"Homeowners insurance","order_by":null,"url":"\/38.2-130\/"},{"id":79979,"section_number":"38.2-131","catch_line":"Farmowners insurance","order_by":null,"url":"\/38.2-131\/"},{"id":84304,"section_number":"38.2-5021","catch_line":"Actuarial investigation, valuations, gain\/loss analysis; notice if assessments prove insufficient","order_by":null,"url":"\/38.2-5021\/"}],"permalink":{"id":217695,"object_type":"law","relational_id":66131,"identifier":"38.2-5020","token":"38.2\/50\/38.2-5020","url":"\/38.2-5020\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5020\/","token":"38.2\/50\/38.2-5020","dublin_core":{"Title":"Assessments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5020","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A physician who otherwise qualifies as a participating physician<\/span> pursuant to this chapter may become a participating physician<\/span> in the Program<\/span> for a particular calendar year by paying an annual participating physician<\/span> assessment to the Program<\/span> in the amount of $5,000 on or before December 1 of the previous year, in the manner required by the plan of operation. Effective January 1, 2009, the total annual assessment shall be $5,600, and shall increase by $300 for the 2010 assessment and by $100 each year thereafter, to a maximum of $6,200 per year. The board may authorize a prorated participating physician<\/span> or participating hospital<\/span> assessment for a particular year in its plan of operation, but such prorated assessment shall not become effective until the physician or hospital has given at least 30 days’ notice to the Program<\/span> of the request for a prorated assessment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A, a participating hospital<\/span> with a residency training program<\/span> accredited to the American Council for Graduate Medical Education may pay an annual participating physician<\/span> assessment to the Program<\/span> for residency positions in the hospital’s residency training program<\/span>, in the manner provided by the plan of operation. However, any resident in a duly accredited family practice or obstetrics residency training program<\/span> at a participating hospital<\/span> shall be considered a participating physician<\/span> in the Program<\/span> and neither the resident nor the hospital shall be required to pay any assessment for such participation. No resident shall become a participating physician<\/span> in the Program<\/span>, however, until 30 days following notification by the hospital to the Program<\/span> of the name of the resident or residents filling the particular position for which the annual participating physician<\/span> assessment payment, if required, has been made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A hospital that otherwise qualifies as a participating hospital<\/span> pursuant to this chapter may become a participating hospital<\/span> in the Program<\/span> for a particular year by paying an annual participating hospital<\/span> assessment to the Program<\/span>, on or before December 1 of the previous year, amounting to $50 per live birth for the prior year, as reported to the Department of Health in the Annual Survey of Hospitals. Effective January 1, 2009, the annual participating hospital<\/span> assessment shall increase by $2.50 per live birth for the prior year, as reported to the Department of Health in the Annual Survey of Hospitals, and shall be increased at that rate<\/span> each year thereafter to a maximum of $55 per live birth so reported for the prior year. The participating hospital<\/span> assessment shall not exceed $150,000 for any participating hospital<\/span> in any 12-month period until January 1, 2005. Effective January 1, 2005, the maximum total annual assessment shall be $160,000, and shall increase by $10,000 each year thereafter, to a maximum of $200,000 in any 12-month period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All licensed physicians practicing in the Commonwealth on September 30 of a particular year, other than participating physicians<\/span>, shall pay to the Program<\/span> an annual assessment of $250 for the following year, in the manner required by the plan of operation until January 1, 2005. Effective January 1, 2005, the total annual assessment shall be $260, and shall increase by $10 each year thereafter to a maximum of $300 per year.\n\t\t\tUpon proper certification to the Program<\/span>, the following physicians shall be exempt from the payment of the annual assessment under this subsection: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A physician who is employed by the Commonwealth or federal government and whose income from professional fees is less than an amount equal to 10 percent of the annual salary of the physician. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A physician who is enrolled in a full-time graduate medical education program<\/span> accredited by the American Council for Graduate Medical Education. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A physician who has retired from active clinical practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A physician whose active clinical practice is limited to the provision of services, voluntarily and without compensation, to any patient of any clinic which is organized in whole or in part for the delivery of health care services without charge as provided in § 54.1-106<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Taking into account the assessments collected pursuant to subsections A through D of this section, if required to maintain the Fund on an actuarially sound basis, all insurance<\/span> carriers licensed to write and engaged in writing liability insurance<\/span> in the Commonwealth of a particular year, shall pay into the Fund an assessment for the following year, in an amount determined by the State<\/span> Corporation Commission<\/span> pursuant to subsection A of \u00a7 38.2-5021<\/a>, in the manner required by the plan of operation. Liability insurance<\/span> for the purposes of this provision shall include the classes of insurance<\/span> defined in \u00a7\u00a7 38.2-117<\/a>, 38.2-118<\/a>, and 38.2-119<\/a> and the liability portions of the insurance<\/span> defined in \u00a7\u00a7 38.2-124<\/a>, 38.2-125<\/a>, 38.2-130<\/a>, 38.2-131<\/a>, and 38.2-132<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All annual assessments against liability insurance<\/span> carriers shall be made on the basis of net direct premiums written<\/span> for the business activity which forms the basis for each such entity’s inclusion as a funding source for the Program<\/span> in the Commonwealth during the prior year ending December 31, as reported to the State<\/span> Corporation Commission<\/span>, and shall be in the proportion that the net direct premiums written<\/span> by each on account of the business activity forming the basis for their inclusion in the Program<\/span> bears to the aggregate net direct premiums for all such business activity written in this Commonwealth by all such entities. For purposes of this chapter “net direct premiums written<\/span>” means gross direct premiums written in this Commonwealth on all policies of liability insurance<\/span> less (i) all return premiums on the policy, (ii) dividends paid or credited to policyholders, and (iii) the unused or unabsorbed portions of premium deposits on liability insurance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The entities listed in this subsection shall not be individually liable for an annual assessment in excess of one quarter of one percent of that entity’s net direct premiums written<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Liability insurance<\/span> carriers shall be entitled to recover their initial and annual assessments through (i) a surcharge on future policies, (ii) a rate<\/span> increase applicable prospectively, or (iii) a combination of the two, at the discretion of the State<\/span> Corporation Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> On and after January 1, 1989, a participating physician<\/span> covered under the provisions of this section who has paid an annual assessment for a particular calendar year to the Program<\/span> and who retires from the practice of medicine during that particular calendar year shall be entitled to a refund of a prorated share of his or her annual assessment for the calendar year that corresponds to the portion of the calendar year remaining following his or her retirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Whenever the State<\/span> Corporation Commission<\/span> determines the Fund is actuarially sound in conjunction with actuarial investigations conducted pursuant to § 38.2-5021<\/a>, it shall enter an order<\/span> suspending the assessment required under subsection D. The annual assessment shall be reinstated whenever the State<\/span> Corporation Commission<\/span> determines that such assessment is required to maintain the Fund’s actuarial soundness. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSESSMENTS (\u00a7 38.2-5020)\n\nA. A physician who otherwise qualifies as a participating physician pursuant to\nthis chapter may become a participating physician in the Program for a\nparticular calendar year by paying an annual participating physician assessment\nto the Program in the amount of $5,000 on or before December 1 of the previous\nyear, in the manner required by the plan of operation. Effective January 1,\n2009, the total annual assessment shall be $5,600, and shall increase by $300\nfor the 2010 assessment and by $100 each year thereafter, to a maximum of $6,200\nper year. The board may authorize a prorated participating physician or\nparticipating hospital assessment for a particular year in its plan of\noperation, but such prorated assessment shall not become effective until the\nphysician or hospital has given at least 30 days’ notice to the Program of\nthe request for a prorated assessment.\n\nB. Notwithstanding the provisions of subsection A, a participating hospital with\na residency training program accredited to the American Council for Graduate\nMedical Education may pay an annual participating physician assessment to the\nProgram for residency positions in the hospital’s residency training\nprogram, in the manner provided by the plan of operation. However, any resident\nin a duly accredited family practice or obstetrics residency training program at\na participating hospital shall be considered a participating physician in the\nProgram and neither the resident nor the hospital shall be required to pay any\nassessment for such participation. No resident shall become a participating\nphysician in the Program, however, until 30 days following notification by the\nhospital to the Program of the name of the resident or residents filling the\nparticular position for which the annual participating physician assessment\npayment, if required, has been made.\n\nC. A hospital that otherwise qualifies as a participating hospital pursuant to\nthis chapter may become a participating hospital in the Program for a particular\nyear by paying an annual participating hospital assessment to the Program, on or\nbefore December 1 of the previous year, amounting to $50 per live birth for the\nprior year, as reported to the Department of Health in the Annual Survey of\nHospitals. Effective January 1, 2009, the annual participating hospital\nassessment shall increase by $2.50 per live birth for the prior year, as\nreported to the Department of Health in the Annual Survey of Hospitals, and\nshall be increased at that rate each year thereafter to a maximum of $55 per\nlive birth so reported for the prior year. The participating hospital assessment\nshall not exceed $150,000 for any participating hospital in any 12-month period\nuntil January 1, 2005. Effective January 1, 2005, the maximum total annual\nassessment shall be $160,000, and shall increase by $10,000 each year\nthereafter, to a maximum of $200,000 in any 12-month period.\n\nD. All licensed physicians practicing in the Commonwealth on September 30 of a\nparticular year, other than participating physicians, shall pay to the Program\nan annual assessment of $250 for the following year, in the manner required by\nthe plan of operation until January 1, 2005. Effective January 1, 2005, the\ntotal annual assessment shall be $260, and shall increase by $10 each year\nthereafter to a maximum of $300 per year.\n\t\t\tUpon proper certification to the Program, the following physicians shall be\nexempt from the payment of the annual assessment under this subsection:\n\n 1. A physician who is employed by the Commonwealth or federal government and\n whose income from professional fees is less than an amount equal to 10 percent\n of the annual salary of the physician.\n\n 2. A physician who is enrolled in a full-time graduate medical education\n program accredited by the American Council for Graduate Medical Education.\n\n 3. A physician who has retired from active clinical practice.\n\n 4. A physician whose active clinical practice is limited to the provision of\n services, voluntarily and without compensation, to any patient of any clinic\n which is organized in whole or in part for the delivery of health care\n services without charge as provided in § 54.1-106.\n\nE. Taking into account the assessments collected pursuant to subsections A\nthrough D of this section, if required to maintain the Fund on an actuarially\nsound basis, all insurance carriers licensed to write and engaged in writing\nliability insurance in the Commonwealth of a particular year, shall pay into the\nFund an assessment for the following year, in an amount determined by the State\nCorporation Commission pursuant to subsection A of \u00a7 38.2-5021, in the manner\nrequired by the plan of operation. Liability insurance for the purposes of this\nprovision shall include the classes of insurance defined in \u00a7\u00a7 38.2-117,\n38.2-118, and 38.2-119 and the liability portions of the insurance defined in\n\u00a7\u00a7 38.2-124, 38.2-125, 38.2-130, 38.2-131, and 38.2-132.\n\n 1. All annual assessments against liability insurance carriers shall be made\n on the basis of net direct premiums written for the business activity which\n forms the basis for each such entity’s inclusion as a funding source for\n the Program in the Commonwealth during the prior year ending December 31, as\n reported to the State Corporation Commission, and shall be in the proportion\n that the net direct premiums written by each on account of the business\n activity forming the basis for their inclusion in the Program bears to the\n aggregate net direct premiums for all such business activity written in this\n Commonwealth by all such entities. For purposes of this chapter “net\n direct premiums written” means gross direct premiums written in this\n Commonwealth on all policies of liability insurance less (i) all return\n premiums on the policy, (ii) dividends paid or credited to policyholders, and\n (iii) the unused or unabsorbed portions of premium deposits on liability\n insurance.\n\n 2. The entities listed in this subsection shall not be individually liable for\n an annual assessment in excess of one quarter of one percent of that\n entity’s net direct premiums written.\n\n 3. Liability insurance carriers shall be entitled to recover their initial and\n annual assessments through (i) a surcharge on future policies, (ii) a rate\n increase applicable prospectively, or (iii) a combination of the two, at the\n discretion of the State Corporation Commission.\n\nF. On and after January 1, 1989, a participating physician covered under the\nprovisions of this section who has paid an annual assessment for a particular\ncalendar year to the Program and who retires from the practice of medicine\nduring that particular calendar year shall be entitled to a refund of a prorated\nshare of his or her annual assessment for the calendar year that corresponds to\nthe portion of the calendar year remaining following his or her retirement.\n\nG. Whenever the State Corporation Commission determines the Fund is actuarially\nsound in conjunction with actuarial investigations conducted pursuant to §\n38.2-5021, it shall enter an order suspending the assessment required under\nsubsection D. The annual assessment shall be reinstated whenever the State\nCorporation Commission determines that such assessment is required to maintain\nthe Fund’s actuarial soundness.\n\nHISTORY: 1987, c. 540; 1989, cc. 361, 463, 523; 1990, c. 498; 1991, c. 486;\n1992, cc. 414, 767; 1994, c. 872; 2004, cc. 896, 931; 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}}