SB 398 VA

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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.

• Russet Perry Democratic · primary

1. Jan 13, 2026 Prefiled and ordered printed; Offered 01-14-2026 26105392D · upper
2. Jan 13, 2026 Referred to Committee on Commerce and Labor · upper
3. Jan 26, 2026 Senate committee offered · upper
4. Jan 26, 2026 Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations (15-Y 0-N) · upper
5. Feb 2, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB398) · upper
6. Feb 2, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB398) · upper
7. Feb 3, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB398) · upper
8. Feb 5, 2026 Incorporates SB434 (McPike) · upper
9. Feb 5, 2026 Reported from Finance and Appropriations with substitute (15-Y 0-N) · upper
10. Feb 9, 2026 Committee substitute printed 26107380D-S1 · upper
11. Feb 9, 2026 Rules suspended · upper
12. Feb 9, 2026 Constitutional reading dispensed (on 1st reading) (40-Y 0-N 0-A) · upper
13. Feb 9, 2026 Passed by for the day (Voice Vote) · upper
14. Feb 9, 2026 Passed by for the day · upper
15. Feb 10, 2026 Read second time · upper
16. Feb 10, 2026 Commerce and Labor Amendment rejected · upper
17. Feb 10, 2026 Finance and Appropriations Substitute agreed to · upper
18. Feb 10, 2026 Engrossed by Senate - committee substitute (Voice Vote) · upper
19. Feb 10, 2026 Rules suspended · upper
20. Feb 10, 2026 Constitutional reading dispensed Block Vote (on 3rd reading) (40-Y 0-N 0-A) · upper
21. Feb 10, 2026 Read third time and passed Senate Block Vote (40-Y 0-N 0-A) · upper
22. Feb 13, 2026 Placed on Calendar · lower
23. Feb 13, 2026 Read first time · lower
24. Feb 13, 2026 Referred to Committee on Labor and Commerce · lower
25. Feb 19, 2026 Reported from Labor and Commerce with substitute (20-Y 0-N) · lower
26. Feb 19, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB398) · upper
27. Feb 19, 2026 Committee substitute printed 26108282D-H1 · lower
28. Feb 20, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB398) · upper
29. Feb 23, 2026 Read second time · lower
30. Feb 24, 2026 Read third time · lower
31. Feb 24, 2026 committee substitute agreed to · lower
32. Feb 24, 2026 Engrossed by House - committee substitute · lower
33. Feb 24, 2026 Passed House with substitute (98-Y 0-N 0-A) · lower
34. Feb 26, 2026 House substitute rejected by Senate (0-Y 40-N 0-A) · upper
35. Feb 27, 2026 House insisted on substitute · lower
36. Feb 27, 2026 House requested conference committee · lower
37. Mar 3, 2026 Senate acceded to request Block Vote (40-Y 0-N 0-A) · upper
38. Mar 3, 2026 Conferees appointed by Senate · upper
39. Mar 3, 2026 Senate Conferees: Perry, Surovell, Obenshain · upper
40. Mar 5, 2026 Conferees appointed by House · lower
41. Mar 5, 2026 House Conferees: Tran, Sullivan, O'Quinn · lower
42. Mar 13, 2026 Conference Report released · legislature
43. Mar 14, 2026 Conference report agreed to by House (95-Y 0-N 0-A) · lower
44. Mar 14, 2026 Conference report agreed to by Senate (39-Y 0-N 0-A) · upper
45. Mar 18, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB398) · upper
46. Mar 30, 2026 Enrolled · upper
47. Mar 30, 2026 Bill text as passed Senate and House (SB398ER) · upper
48. Mar 30, 2026 Signed by President · upper
49. Mar 31, 2026 Signed by Speaker · lower
50. Mar 31, 2026 Enrolled Bill communicated to Governor on March 31, 2026 · upper
51. Mar 31, 2026 Governor's Action Deadline 11:59 p.m., April 13, 2026 · executive
52. Apr 3, 2026 Fiscal Impact Statement from Department of Planning and Budget (SB398) · upper
53. Apr 13, 2026 Governor's recommendation received by Senate · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Governor's Recommendation · HTML
• Enrolled · PDF
• Enrolled · HTML
• Conference Report · HTML
• Conference Report Substitute · PDF
• Conference Report Substitute · HTML
• Labor and Commerce Substitute · PDF
• Labor and Commerce Substitute · HTML
• Finance and Appropriations Substitute · PDF
• Finance and Appropriations Substitute · HTML
• Commerce and Labor Amendment · HTML
• Commerce and Labor Amendment · HTML
• Introduced · PDF
• Introduced · HTML