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SB398Introduced in the Senate

Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.

Passed

Introduced by Russet Perry, District 31

What does this bill do?

Plain-English breakdown

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Official description

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 incorporates SB 434 and is identical to HB 1007.

Where it stands

Acts of Assembly Chapter text (CHAP1010)

April 22, 2026

How did lawmakers vote?

House of Delegates votes

4 recorded votes · each counted separately

Senate votes

9 recorded votes · each counted separately

House of DelegatesStage: House concurred in Governor's recommendation (98-Y 0-N 0-A) · April 22, 2026

98

Yes

0

No

2

Absent or Not Voting

100 delegates recorded in this House of Delegates vote. Colors show vote categories only, not whether a vote was good or bad.

See how each delegate voted

DelegateDistrictVote
Patrick Hope1Yes
Adele McClure2Yes
Alfonso Lopez3Yes
Charniele Herring4Yes
Kirk McPike5Yes
Richard Sullivan6Yes
Karen Keys-Gamarra7Yes
Irene Shin8Yes
Karrie Delaney9Yes
Dan Helmer10Yes

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26105392D

  2. Referred to Committee on Commerce and Labor

  3. Senate committee offered

  4. Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations (15-Y 0-N)

  5. Fiscal Impact Statement from Department of Planning and Budget (SB398)

  6. Fiscal Impact Statement from Department of Planning and Budget (SB398)

  7. Fiscal Impact Statement from Department of Planning and Budget (SB398)

  8. Incorporates SB434 (McPike)

  9. Reported from Finance and Appropriations with substitute (15-Y 0-N)

  10. Committee substitute printed 26107380D-S1

  11. Rules suspended

  12. Constitutional reading dispensed (on 1st reading) (40-Y 0-N 0-A)

  13. Passed by for the day (Voice Vote)

  14. Passed by for the day

  15. Read second time

  16. Commerce and Labor Amendment rejected

  17. Finance and Appropriations Substitute agreed to

  18. Engrossed by Senate - committee substitute (Voice Vote)

  19. Rules suspended

  20. Constitutional reading dispensed Block Vote (on 3rd reading) (40-Y 0-N 0-A)

  21. Read third time and passed Senate Block Vote (40-Y 0-N 0-A)

  22. Placed on Calendar

  23. Read first time

  24. Referred to Committee on Labor and Commerce

  25. Reported from Labor and Commerce with substitute (20-Y 0-N)

  26. Fiscal Impact Statement from Department of Planning and Budget (SB398)

  27. Committee substitute printed 26108282D-H1

  28. Fiscal Impact Statement from Department of Planning and Budget (SB398)

  29. Read second time

  30. Read third time

  31. committee substitute agreed to

  32. Engrossed by House - committee substitute

  33. Passed House with substitute (98-Y 0-N 0-A)

  34. House substitute rejected by Senate (0-Y 40-N 0-A)

  35. House insisted on substitute

  36. House requested conference committee

  37. Senate acceded to request Block Vote (40-Y 0-N 0-A)

  38. Conferees appointed by Senate

  39. Senate Conferees: Perry, Surovell, Obenshain

  40. Conferees appointed by House

  41. House Conferees: Tran, Sullivan, O'Quinn

  42. Conference Report released

  43. Conference report agreed to by House (95-Y 0-N 0-A)

  44. Conference report agreed to by Senate (39-Y 0-N 0-A)

  45. Fiscal Impact Statement from Department of Planning and Budget (SB398)

  46. Enrolled

  47. Bill text as passed Senate and House (SB398ER)

  48. Signed by President

  49. Signed by Speaker

  50. Enrolled Bill communicated to Governor on March 31, 2026

  51. Governor's Action Deadline 11:59 p.m., April 13, 2026

  52. Fiscal Impact Statement from Department of Planning and Budget (SB398)

  53. Governor's recommendation received by Senate

  54. Senate concurred in Governor's recommendation (39-Y 0-N 0-A)

  55. House concurred in Governor's recommendation (98-Y 0-N 0-A)

  56. Governor's recommendation adopted

  57. Reenrolled

  58. Reenrolled bill text (SB398ER2)

  59. Signed by Speaker

  60. Signed by President

  61. Approved by Governor-Chapter 1010 (effective 7/1/2026)

  62. Acts of Assembly Chapter text (CHAP1010)

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