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2004 SESSION

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SB 687 Birth-Related Neurological Injury Compensation Act; increases participating phys. & hosp. assessmt.

Introduced by: Jeannemarie Devolites Davis | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Virginia Birth-Related Neurological Injury Compensation Act. Increases assessments for participating physicians and hospitals, and nonparticipating physicians on an incremental basis beginning in 2005, to maximums of $5,500, $200,000, and $300, respectively. The bill also eliminates the authority to pay attorney's fees to applicants who are not admitted into the birth injury fund program.

SUMMARY AS PASSED SENATE:

Virginia Birth-Related Neurological Injury Compensation Act. Increases the participating physician assessment and participating hospital assessment by $100 and $10,000 per year, respectively, for five years, to a maximum of $5,500 and $200,000 respectively. The measure also increases the non-participating physician assessment by $10 per year, for five years, to a maximum of $300 per year, and establishes specific criteria for determining whether requests for attorney fees are reasonable. If the results of a biennial actuarial valuation indicate that the Injury Fund is not sound, then the valuation shall be made on annual basis until the Fund is deemed sound.

SUMMARY AS INTRODUCED:

Virginia Birth-Related Neurological Injury Compensation Act. Increases the participating physician assessment and participating hospital assessment by $100 and $10,000 per year, respectively, or five years, to a maximum of $5,500 and $200,000 respectively. Increases the non-participating physician assessment by $10 per year, for five years, to a maximum of $300 per year. Establishes specific criteria for determining whether requests for attorney fees are reasonable. Provides that if the results of a biennial actuarial valuation indicate that the Injury Fund is not sound, then the valuation shall be made on annual basis until the Fund is deemed sound.