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VA SB398
Bill
Status
2/10/2026
Primary Sponsor
Russet Perry
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AI Summary
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Requires claimants to file petitions electronically with the Virginia Workers' Compensation Commission and establishes that civil actions against participating hospitals or physicians must be referred to the Commission to determine if the claim satisfies Program requirements.
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Expands covered benefits to include housing assistance, disability-equipped vehicle expenses, up to $10,000 annually for family psychotherapy services, education advocate services, and increases the infant death benefit cap from $100,000 to $500,000.
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Removes the requirement that family-provided nursing and attendant care must be "beyond the scope of child care duties normally provided by family members" to qualify for reimbursement.
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Authorizes the Commission to impose interest at the judgment rate plus a penalty of up to three times the benefit amount when the Program delays payment without reasonable grounds.
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Restructures the nine-member board of directors to require one member be a relative of a current or former Program beneficiary, mandates monthly public meetings with electronic access, and requires the Auditor of Public Accounts to review annual audits.
Legislative Description
Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.
Last Action
Conference report agreed to by Senate (39-Y 0-N 0-A)
3/14/2026