                                 CODE OF VIRGINIA

DEFINITIONS (§ 38.2-5001)

As used in this chapter:
		&#8220;Birth-related neurological injury&#8221; means injury to the brain or
spinal cord of an infant caused by the deprivation of oxygen or mechanical
injury occurring in the course of labor, delivery or resuscitation necessitated
by a deprivation of oxygen or mechanical injury that occurred in the course of
labor or delivery, in a hospital which renders the infant permanently
motorically disabled and (i) developmentally disabled or (ii) for infants
sufficiently developed to be cognitively evaluated, cognitively disabled. In
order to constitute a &#8220;birth-related neurological injury&#8221; within the
meaning of this chapter, such disability shall cause the infant to be
permanently in need of assistance in all activities of daily living. This
definition shall apply to live births only and shall not include disability or
death caused by genetic or congenital abnormality, degenerative neurological
disease, or maternal substance abuse.
		&#8220;Claimant&#8221; means any person who files a claim pursuant to §
38.2-5004 for compensation for a birth-related neurological injury to an infant.
Such claims may be filed by any legal representative on behalf of an injured
infant; and, in the case of a deceased infant, the claim may be filed by an
administrator, executor, or other legal representative.
		&#8220;Commission&#8221; means the Virginia Workers&#8217; Compensation
Commission.
		&#8220;Participating hospital&#8221; means a general hospital licensed in
Virginia which at the time of the injury (i) had in force an agreement with the
Commissioner of Health or his designee, in a form prescribed by the
Commissioner, whereby the hospital agreed to participate in the development of a
program to provide obstetrical care to patients eligible for Medical Assistance
Services and to patients who are indigent, and upon approval of such program by
the Commissioner of Health, to participate in its implementation, (ii) had in
force an agreement with the State Department of Health whereby the hospital
agreed to submit to review of its obstetrical service, as required by subsection
C of § 38.2-5004, and (iii) had paid the participating hospital assessment
pursuant to § 38.2-5020 for the period of time in which the birth-related
neurological injury occurred. The term also includes employees of such
hospitals, excluding physicians or nurse-midwives who are eligible to qualify as
participating physicians, acting in the course of and in the scope of their
employment.
		&#8220;Participating physician&#8221; means a physician licensed in Virginia
to practice medicine, who practices obstetrics or performs obstetrical services
either full or part time or, as authorized in the plan of operation, a licensed
nurse-midwife who performs obstetrical services, either full or part time,
within the scope of such licensure and who at the time of the injury (i) had in
force an agreement with the Commissioner of Health or his designee, in a form
prescribed by the Commissioner, whereby the physician agreed to participate in
the development of a program to provide obstetrical care to patients eligible
for Medical Assistance Services and to patients who are indigent, and upon
approval of such program by the Commissioner of Health, to participate in its
implementation, (ii) had in force an agreement with the Board of Medicine
whereby the physician agreed to submit to review by the Board of Medicine as
required by subsection B of § 38.2-5004, and (iii) had paid the participating
physician assessment pursuant to § 38.2-5020 for the period of time in which
the birth-related neurological injury occurred. The term &#8220;participating
physician&#8221; includes a partnership, corporation, professional corporation,
professional limited liability company or other entity through which the
participating physician practices.
		&#8220;Program&#8221; means the Virginia Birth-Related Neurological Injury
Compensation Program established by this chapter.

HISTORY: 1987, c. 540; 1989, c. 523; 1990, cc. 234, 534; 1994, c. 872; 1995, c.
302; 1999, c. 806; 2000, c. 207; 2003, c. 897; 2004, cc. 896, 931; 2017, c. 756.