HB416: Birth-Related Neurological Injury Compensation Program; includes certain provisions.

Chief Patron

Robert Tata (R-85)
Virginia Beach, VA
Served: 1984–

Progress

	Introduced
	Passed Committee
	Passed House
	Passed Senate
	Signed by Governor
	Became Law

Status

01/23/2006: In Commerce and Labor Committee

View Entire History

Summary

Virginia Birth-Related Neurological Injury Compensation Program. Provides that "birth-related injury or death" does not include an infant's disability or death caused by maternal disease, infection, or neglect including, but not limited to, chorioamnionitis in cases in which no objective medical evidence indicates hypoxia during the time of labor, delivery, or resuscitation; maternal substance abuse; willful maternal failure during pregnancy to take medications prescribed or adhere to directives from health care providers; or prematurity in cases in which no objective medical evidence indicates hypoxia during the time of labor, delivery, or resuscitation. A procedure for adopting and amending a recommended format for expert panel assessments of birth injury claims is established. A presumption that the report of the medical advisory panel is correct is established, and the procedure for objecting to the report is revised. The measure provides for a waiver of confidentiality of medical records by filing a petition with the Virginia Birth-Related Neurological Injury Compensation Program. The Program is required to make assistance available to individuals completing petitions for acceptance into the Program. The current rebuttable presumption of fetal distress that arises if the hospital fails to provide the fetal heart monitor tape to the claimant is repealed. The measure provides that no inference or presumption shall arise from the absence of a documented umbilical cord blood gas test result. Attorney fees incurred in connection with a petition for entry into the Program are limited to those for services provide after the claimant has received a copy of the report of the medical advisory panel. Certain time limits, including those for rehearings and reviews of Commission determinations, are jurisdictional, while other time limits are specifically subject to extension for good cause. The measure also clarifies provisions regarding referral of cases from circuit court to the Workers' Compensation Commission. View Full Text »