Chapter 50 Virginia Birth-Related Neurological Injury Compensation Act

This chapter is comprised of the following sections:
  • §38.2-5000 Short title
  • §38.2-5001 Definitions
  • §38.2-5002 Virginia Birth-Related Neurological Injury Compensation Program; exclusive remedy; exception
  • §38.2-5002.1 Representation by Office of Attorney General; applicability of Public Procurement Act, Freedom of Information Act, and Administrative Process Act
  • §38.2-5002.2 Confidentiality of certain information; penalty
  • §38.2-5003 Virginia Workers’ Compensation Commission authorized to hear and determine claims
  • §38.2-5004 Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; medical records
  • §38.2-5004.1 Notification of possible beneficiaries
  • §38.2-5005 Tolling of statute of limitations
  • §38.2-5006 Hearing; parties
  • §38.2-5007 Interrogatories and depositions
  • §38.2-5008 Determination of claims; presumption; finding of Virginia Workers’ Compensation Commission binding on participants; medical advisory panel
  • §38.2-5008.1 Right to confront and cross-examine witnesses
  • §38.2-5009 Commission awards for birth-related neurological injuries; notice of award
  • §38.2-5009.1 Infants dying shortly after birth
  • §38.2-5010 Rehearing on Commission determination or award
  • §38.2-5011 Conclusiveness of determination or award; appeal
  • §38.2-5012 Enforcement, etc., of orders and awards
  • §38.2-5013 Limitation on claims
  • §38.2-5014 Scope
  • §38.2-5015 Birth-Related Neurological Injury Compensation Fund; assets of the Fund; audit
  • §38.2-5016 Board of directors; appointment; vacancies; term; list of Program claimants
  • §38.2-5016.1 Investment strategy advice; expected returns
  • §38.2-5017 Plan of operation
  • §38.2-5018 Assessments to be held in restricted cash account
  • §38.2-5019 Repealed
  • §38.2-5020 Assessments
  • §38.2-5020.1 Credits against malpractice insurance premiums
  • §38.2-5021 Actuarial investigation, valuations, gain/loss analysis; notice if assessments prove insufficient