HB 2048 Virginia Birth-Related Neurological Injury Program.
Clifton A. Woodrum | all patrons    ...    notes
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Summary as passed: (all summaries)
Virginia Birth-Related Neurological Injury Program. Authorizes the Workers' Compensation Commission to award up to $100,000 to the parents or legal guardian of an injured infant covered under the Virginia Birth-Related Neurological Injury Program who dies within 180 days of birth. The Program is made subject to the Freedom of Information Act and is required to implement procedures consistent with the Public Procurement Act and the rulemaking provisions of the Administrative Process Act. The Virginia Birth-Related Neurological Injury Fund must be audited annually by a certified public accountant. The Office of the Attorney General is required to provide legal services for the Program. Other changes (i) clarify that a mother is not subject to the Program's exclusive remedy provision with respect to physical injuries she suffers during delivery; (ii) require hospitals to release fetal monitoring strips to the Program or injured infant's legal representative and provide that the failure to provide the information creates a rebuttable presumption of fetal distress; (iii) require the investigation and referral to the Board of Health Professions or Department of Health, as appropriate, of health care providers and participating hospitals if the conduct gives rise to disciplinary action; (iv) require physicians and nurse midwives to inform patients whether they are participants in the Program; (v) require all hospitals to provide a brochure on the Program with post-partum materials if the infant was hospitalized in a neonatal intensive care unit; (vi) require the report of the reviewing panel of physicians to be mailed to the Program and all parties within 60 days after the filing of a petition; and (vii) provide that the Act's exclusive remedy provision applies with respect to claims by an infant's parents or other representative if the claim is derivative of the medical malpractice claim involving the infant's injury. The panel's report is required to confirm whether each element of the definition of a birth-related injury is satisfied, and the panel is to complete such documentation as the Program's board of directors requires. Physician review panel duties will rotate among Eastern Virginia Medical School, University of Virginia School of Medicine, and the Medical College of Virginia on a case-by-case basis. The Commission may require the claimant to procure health insurance for the injured infant, to be paid for from the Fund. The Commission may award unsuccessful petitioners reasonable attorneys' fees and other expenses incurred in filing a claim in good faith. The Program's board is required to consult semiannually with the chief investment officer of the Virginia Retirement System regarding fund management strategies and asset allocations, and the Program's investment advisor shall provide annual statements explaining the expected returns on its equities and fixed income portfolios. The Program's board is directed to (a) develop and implement a policy on handicapped-accessible housing, (b) study and develop options for revising fees for participating providers, and (c) maintain a list of Program participants and, with consent, make the list available to other claimants. The board of director's power to reduce the annual participating physician assessment and the annual participating hospital assessment is eliminated. The board's nonparticipating physician representative is replaced with a citizen member with professional experience working with the disabled community. Two of the other citizen members of the board are required to have a minimum of five years of professional investment experience, one is required to have professional experience working with the disabled community, and one shall be the parent of a disabled child. This bill incorporate HB2307.

Full text:
01/08/03  House: Presented & ordered printed, prefiled 01/07/03 030013996  pdf
01/29/03  House: Committee substitute printed 030340996-H1  pdf | impact statement
02/27/03  House: Bill text as passed House and Senate (HB2048ER)  pdf | impact statement
03/31/03  Governor: Acts of Assembly Chapter text (CHAP0897)  pdf

Status:
01/08/03  House: Presented & ordered printed, prefiled 01/07/03 030013996
01/08/03  House: Referred to Committee on Commerce and Labor
01/28/03  House: Reported from C. & L. with substitute (21-Y 0-N)
01/29/03  House: Committee substitute printed 030340996-H1
01/30/03  House: Read first time
01/31/03  House: Read second time
01/31/03  House: Committee substitute agreed to 030340996-H1
01/31/03  House: Engrossed by House - committee substitute 030340996-H1
02/01/03  House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/01/03  House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/01/03  House: Reconsideration of passage agreed to by House
02/01/03  House: Passed House BLOCK VOTE (99-Y 0-N)
02/01/03  House: VOTE: BLOCK VOTE PASSAGE #2 (99-Y 0-N)
02/01/03  House: Communicated to Senate
02/03/03  Senate: Constitutional reading dispensed
02/03/03  Senate: Referred to Committee on Commerce and Labor
02/10/03  Senate: Reported from Commerce and Labor (15-Y 0-N)
02/12/03  Senate: Const. reading disp., passed by for the day (40-Y 0-N)
02/12/03  Senate: VOTE: CONST. RDG. DISPENSED R (40-Y 0-N)
02/13/03  Senate: Read third time
02/13/03  Senate: Passed Senate (39-Y 0-N)
02/13/03  Senate: VOTE: PASSAGE R (39-Y 0-N)
02/13/03  Senate: Rec. of Sen. passage agreed to by Senate (38-Y 0-N)
02/13/03  Senate: VOTE: (38-Y 0-N)
02/13/03  Senate: Passed Senate (38-Y 0-N)
02/13/03  Senate: VOTE: (38-Y 0-N)
02/27/03  House: Bill text as passed House and Senate (HB2048ER)
03/05/03  House: Enrolled
03/05/03  House: Signed by Speaker
03/06/03  Senate: Signed by President
03/22/03  Governor: Approved by Governor-Chapter 897 (effective 7/1/03)
03/31/03  Governor: Acts of Assembly Chapter text (CHAP0897)