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As
a delivering hospital you want to provide the best possible
coverage for your patients. Additionally, you want to have
the best possible coverage for your facility. Participating
in the Virginia Birth-Related Neurological Injury Compensation
Program provides both should a qualifying birth occur.
1.
Best Possible Care For Children - Obviously no one desires
a birth-injury to occur. Unfortunately, they do. In the case
of a qualifying birth, the child will receive a lifetime of
medical care and many other benefits including housing and
transportation assistance, and even a workers compensation
style benefit between the ages of 18 and 65. According to
a recent Joint Legislative Audit and Review Commission report,
children in the Birth-Injury Program fare better than children
receiving a tort remedy.*
2.
No Expensive & Time Consuming Court Case - Through this
unique program, should a qualifying birth-injury occur, you
would not face an expensive and possibly difficult court case.
Qualifying births are handled administratively through the
Virginia Workers Compensation Commission.
3.
A Malpractice Insurance Credit - When you participate,
you are entitled by law to a malpractice coverage credit from
your malpractice insurance company. This credit varies by
each insurance carrier.
4.
A No Fault Approach - The purpose of the Birth-Injury
Program is to assure access to care and to care for qualifying
children.
5.
Begin At Any Time - You can become a participating provider
at any point during the year and the fee will be prorated.
(However, by law there is a 30-day waiting period before coverage
becomes effective.)
To
become a participating provider just complete this
simple contract.
*
Virginia General Assemblys Joint Legislative Audit &
Review Commission Review of the Virginia Birth-Related Neurological
Injury Compensation Program, 2002, page 25.
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Hospital
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Frequently
Asked Questions From Hospitals
1.
What is the cost to participate?
2.
Can the fee be pro-rated?
3.
Must both the hospital and delivering physician be participants for a
child to be covered?
4.
When does coverage become effective?
5.
Must all hospitals inform obstetrical patients whether or not they participate
in the Birth-Injury Program?
Q.
1. What is the cost to participate?
A.
Participating hospitals pay $50 per live birth in the preceding
year, up to a maximum of $170,000 annually for 2006 ($180,000 in 2007, $190,000 in 2008 and $200,000 in 2009). Please remember that by
law the hospital is entitled to a malpractice insurance credit from
the insurance carrier.
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Q.
2. Can the fee be pro-rated?
A.
Yes. Please contact the Program for details.
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Q.
3. Must both the hospital and delivering physician be participants
for a child to be covered?
A.
Either the delivering physician or hospital must participate
for the child to be eligible. However, in the case of a qualifying birth,
the nonparticipating party is not immune from a tort remedy like the
participant.
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Q.
4. When does coverage become effective?
A.
Coverage becomes effective 30 days following the Programs
receipt of a signed contract and payment.
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Q.
5. Must all hospitals inform obstetrical patients whether or not
they participate in the Birth-Injury Program?
A.
According to state law effective July 1, 2003, all physicians
and hospitals must inform their obstetrical patients whether or not
they participate and provide a Program brochure.
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Disclaimer
All information on this website is intended for general informational purposes only and should not be considered legally binding, legal advice, nor substitute for obtaining legal advice from competent legal counsel. Although reasonable efforts are made to keep information on this site accurate, no guarantee is made as to its accuracy.
©2003 Virginia Birth-Related Neurological Injury Compensation Program
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