SB398
Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.
Status:
Passed
Latest Action:
March 18, 2026
Senate: Fiscal Impact Statement from Department of Planning and Budget (SB398)
Chief Patron:
Russet Perry (D)
Session:
2026 Regular Session
Summary
As Passed House of Origin. Virginia Birth-Related Neurological Injury Compensation Program and Fund; board of directors; plan of operation; filing of claims; awards and coverage for expenses or services.
Makes changes to the Virginia Birth-Related Neurological Injury Compensation Program and Fund. The bill provides that a civil action arising out of or related to a birth-related neurological injury against a participating hospital or physician shall be referred to the Virginia Workers' Compensation Commission. Under the bill, the costs of ... (More) maintaining an electronic filing system for the submission of petitions shall be reimbursed from the Fund. Under the bill, the Auditor of Public Accounts shall receive and review any audit conducted on the accounts of the Fund. The bill alters the composition of the Program's board of directors to include three relatives of current or former beneficiaries, allows for the electronic submission of claims, and expands discovery of parties to a claim. The bill further requires the Program's board of directors to establish a blanket surety bonding program for all employees with access to the Fund and requires the board to meet at least once monthly. Finally, the bill increases from $100,000 to $500,000 the amount that may be awarded to families whose infant has sustained a birth-related neurological injury. (Less)-
Bill History
- 01/13/2026 - Senate: Prefiled and ordered printed; Offered 01-14-2026 26105392D
- 01/13/2026 - Senate: Referred to Committee on Commerce and Labor
- 01/26/2026 - Senate: Senate committee offered
- 01/26/2026 - Senate: Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations (15-Y 0-N)
- 01/26/2026 - Senate: Rereferred to Finance and Appropriations
- 02/02/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB398)
- 02/02/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB398)
- 02/03/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB398)
- 02/05/2026 - Senate: Incorporates SB434 (McPike)
- 02/05/2026 - Senate: Reported from Finance and Appropriations with substitute (15-Y 0-N)
- 02/09/2026 - Senate: Committee substitute printed 26107380D-S1
- 02/09/2026 - Senate: Rules suspended
- 02/09/2026 - Senate: Constitutional reading dispensed (on 1st reading) (40-Y 0-N 0-A)
- 02/09/2026 - Senate: Passed by for the day (Voice Vote)
- 02/09/2026 - Senate: Passed by for the day
- 02/10/2026 - Senate: Read second time
- 02/10/2026 - Senate: Commerce and Labor Amendment rejected
- 02/10/2026 - Senate: Finance and Appropriations Substitute agreed to
- 02/10/2026 - Senate: Engrossed by Senate - committee substitute (Voice Vote)
- 02/10/2026 - Senate: Rules suspended
- 02/10/2026 - Senate: Constitutional reading dispensed Block Vote (on 3rd reading) (40-Y 0-N 0-A)
- 02/10/2026 - Senate: Read third time and passed Senate Block Vote (40-Y 0-N 0-A)
- 02/13/2026 - House: Placed on Calendar
- 02/13/2026 - House: Read first time
- 02/13/2026 - House: Referred to Committee on Labor and Commerce
- 02/18/2026 - House: Placed on Labor and Commerce Agenda
- 02/19/2026 - House: Reported from Labor and Commerce with substitute (20-Y 0-N)
- 02/19/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB398)
- 02/19/2026 - House: Committee substitute printed 26108282D-H1
- 02/20/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB398)
- 02/23/2026 - House: Read second time
- 02/24/2026 - House: Read third time
- 02/24/2026 - House: committee substitute agreed to
- 02/24/2026 - House: Engrossed by House - committee substitute
- 02/24/2026 - House: Passed House with substitute (98-Y 0-N 0-A)
- 02/26/2026 - Senate: House substitute rejected by Senate (0-Y 40-N 0-A)
- 02/27/2026 - House: House insisted on substitute
- 02/27/2026 - House: House requested conference committee
- 03/03/2026 - Senate: Senate acceded to request Block Vote (40-Y 0-N 0-A)
- 03/03/2026 - Senate: Conferees appointed by Senate
- 03/03/2026 - Senate: Senate Conferees: Perry, Surovell, Obenshain
- 03/05/2026 - House: Conferees appointed by House
- 03/05/2026 - House: House Conferees: Tran, Sullivan, O'Quinn
- 03/13/2026 - Senate: Conference substitute printed 26109935D-S2
- 03/13/2026 - Conference Report released
- 03/14/2026 - House: Conference report agreed to by House (95-Y 0-N 0-A)
- 03/14/2026 - Senate: Conference report agreed to by Senate (39-Y 0-N 0-A)
- 03/18/2026 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB398)
