Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.
Summary
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 various 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 the Virginia Workers' Compensation Commission 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 includes compensation for services provided by an education advocate. The bill requires the Program's board of directors to include a relative of a current or former beneficiary, 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. This bill is identical to SB 398.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Vetoed
Apr 2026
Introduced Jan 14, 2026
Vetoed Apr 13, 2026
Maddy AI version diff · 3 comparisons
What changed between versions
Commerce and Labor Substitute
→
Engrossed
·
6 edits
·
Mar 30, 2026
MODERATE
The bill was amended to add a new section establishing the Program as a fiduciary for the Commonwealth and to increase the death benefit for infants who die shortly after birth from $100,000 to $500,000. Several technical corrections were made to clarify language regarding medical expenses and attorney fees, while the requirement for electronic filing was added as a new provision.
Scope change
The bill's scope expanded by adding a new fiduciary duty for the Program and increasing the financial compensation available to families of deceased infants.
FISCAL
Added a new section (38.2-5002.3) stating that the Program must act as a fiduciary for the Commonwealth when handling Fund assets.
Increased the discretionary award amount for infants who die within 180 days of birth from $100,000 to $500,000.
REQUIREMENT
Added a requirement for claimants to electronically file petitions, with an exception for those unable to do so.
MODIFIED
Corrected grammatical errors and clarified language regarding reimbursement limits for family-provided care and the calculation of medical expenses.
ENFORCEMENT
Changed the penalty for delayed payments from a 'civil penalty' to a 'monetary penalty' to clarify the nature of the sanction.
ELIGIBILITY
Added a new benefit category for reasonable expenses associated with the services of an education advocate.
Floor votes · Senate Mar 9, 2026 · House of Delegates Feb 11, 2026
How they voted
39–0
Passed
Total votes 39
Mar 9, 2026
D
Democratic20
100% Yea
R
Republican19
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
49
Key actions
16
Committee
12
Amendments
2
Apr 13, 2026
Vetoed
Governor's recommendation received by House
executive
Mar 31, 2026
Lower · Passed
Signed by Speaker
lower
Mar 30, 2026
Upper · Passed
Signed by President
upper
Mar 30, 2026
Lower · Passed
Bill text as passed House and Senate (HB1007ER)
lower
Mar 14, 2026
Upper · Passed
Conference report agreed to by Senate (39-Y 0-N 0-A)
upper
Mar 14, 2026
Lower · Passed
Conference report agreed to by House (91-Y 2-N 0-A)
lower
Mar 13, 2026
Legislature · Passed
Conference Report released
legislature
Mar 12, 2026
Committee
Senate requested conference committee
upper
Mar 10, 2026
Upper · Passed
Passed Senate with substitute Block Vote (40-Y 0-N 0-A)
upper
Mar 9, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Mar 6, 2026
Upper · Passed
Reported from Finance and Appropriations (14-Y 0-N)
upper
Feb 23, 2026
Upper · Passed
Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (15-Y 0-N)
upper
Feb 12, 2026
Committee
Referred to Committee on Commerce and Labor
upper
Feb 11, 2026
Lower · Passed
Passed House (98-Y 0-N 0-A)
lower
Feb 11, 2026
Lower · Passed
Read third time and passed House (96-Y 0-N 0-A)
lower
Feb 10, 2026
Introduced
Engrossed by House as amended
lower
Feb 10, 2026
Lower · Passed
committee amendments agreed to
lower
Feb 5, 2026
Lower · Passed
Reported from Labor and Commerce with amendment(s) (22-Y 0-N)
lower
Feb 3, 2026
Lower · Passed
Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
lower
Feb 3, 2026
Lower · Passed
House subcommittee offered
lower
Jan 29, 2026
Committee
Assigned HCL sub: Subcommittee #1
lower
Jan 14, 2026
Committee
Referred to Committee on Labor and Commerce
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Kathy Tran
DDemocratic
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