                                 CODE OF VIRGINIA

BOARD OF DIRECTORS; APPOINTMENT; VACANCIES; TERM; LIST OF PROGRAM CLAIMANTS (§
38.2-5016)

A. The Birth-Related Neurological Injury Compensation Program shall be governed
by a board of nine directors.

B. 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.

C. 1. The directors shall be appointed by the Governor as follows:
			a. 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;
			b. One representative of participating physicians. The initial term of the
member appointed in 1999 shall commence when appointed and shall be for one
year;
			c. 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
			d. 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. 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
   &amp; 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. 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.

E. 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.

F. 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 &#xA7; 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&#8217; and officers&#8217; liability
insurance. The board shall discharge its duties with respect to the Fund solely
in the interest of the recipients of awards pursuant to &#xA7;&#xA7; 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 (&#xA7; 13.1-504 et seq.) of Chapter 5 of Title 13.1 or
shall be a federal covered advisor as defined in &#xA7; 13.1-501 who has filed
such documents and paid such fees as may be necessary to transact business in
the Commonwealth pursuant to &#xA7; 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&#8217;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&#8217;s rights and
limitations under the program.

G. 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.

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.