                                 CODE OF VIRGINIA

NOTIFICATION OF POSSIBLE BENEFICIARIES (§ 38.2-5004.1)

A. 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.

B. 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&#8217;s exclusive remedy provision under subsection B of &#xA7;
38.2-5002.

C. When a claim is made to an insurance company, as described in &#xA7;
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&#8217;s existence and eligibility requirements.

D. 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.

HISTORY: 1999, c. 825; 2000, c. 1038; 2003, c. 897.