As an obstetrician, family practice physician who delivers, or nurse midwife, you want to provide the best possible coverage for your patients. Additionally, you want the best possible coverage for yourself as well. Participating in the Virginia Birth-Related Neurological Injury Compensation Program provides both in the event of a qualifying birth. 1. Best Possible Care For Child - 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 worker’s 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. You also do not have to spend hours or days out of the office. 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 insurance company. This credit varies by each insurance carrier, however, in many cases it covers most or all of the cost of participating in the Birth-Injury Program. 4. A No Fault Approach - The purpose of the Birth-Injury Program is to assure continued access to obstetrical care and take care of qualifying children. As a no-fault program, qualifying events are not reported to the National Practitioner Database. 5. Begin Anytime - 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 Assembly’s Joint Legislative Audit & Review Commission Review of the Virginia Birth-Related Neurological Injury Compensation Program, 2002, page 25. Frequently Asked Questions About Participating In The Va. Birth-Related Neurological Injury Compensation Program. < back to top >

Participating Physician Resources

		Participating Provider Agreement (65 K)
		Patient Materials - English (65 K)
		Patient Materials - Spanish (65 K)
		Patient Materials Reorder Form (65 K)

Requires Adobe Acrobat Reader.
Please click here to download your free copy.

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Frequently Asked Questions From Providers

1. What coverage does the Birth-Injury Program provide?

2. Does participation in the Program replace my malpractice insurance?

3. What does it cost to participate in the Birth-Injury Program?

4. Is a qualifying event reported to the National Practitioner Database?

5. Is there some sort of insurance credit for participating?

6. When does the Birth-Injury coverage become effective?

7. If I do not participate for the entire year, is the fee prorated?

8. How many obstetricians participate in the Birth-Injury Fund?

9. Who regulates the Virginia Birth-Related Neurological Injury Compensation Program?

10. What qualifies a child to enter the program?

A. As a participating provider, should a qualifying event occur, no tort action is allowed. The entry of a child into the Program is a matter strictly of whether the child meets the inclusion criteria, not an elective choice on the part of the parents or other parties. The first criteria for inclusion is delivery by a participating physician or at a participating hospital. (See later question for the definition of a birth injury.)

Upon entry into the Program, the child’s medical coverage is provided for life. Additionally, at age 18, the child will begin receiving a limited compensation benefit.

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Q. 2. Does participation in the Program replace my malpractice insurance?

A. No. Participation in the Program only entitles a qualifying birth-injured child you delivered to enter the Program. The Program then pays medically necessary care for the child for life. Additionally, upon reaching the age of 18, a child in the program receives a wage benefit.

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Q. 3. What does it cost to participate in the Birth-Injury Program?

A. The annual fee is set by state law at $5,000 per provider. However, remember a participating physician is entitled to a credit on their malpractice insurance.

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Q. 4. Is a qualifying event reported to the National Practitioner Database?

A. No, it is not reported to the National Practitioner Database. However, by law, when a petition for entry into the Birth-Injury Program is filed with the Virginia Workers’ Compensation Commission, a review is conducted by the Virginia Board of Medicine.

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Q. 5. Is there some sort of insurance credit for participating?

A. Yes. The Birth-Injury Act stipulates that every participating physician is entitled to a credit on his or her malpractice insurance. The amount of the credit varies depending on the insurance company. In some cases it may be less than the participating physician fee, but in other cases it may be equal to or more than the fee. Please talk with your insurance agent or company to assure that you receive the credit.

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Q. 6. When does the Birth-Injury coverage become effective?

A. Thirty (30) days following the Program’s receipt of your signed contract and payment.

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Q. 7. If I do not participate for the entire year, is the fee prorated?

A. Yes. You can obtain the amount for a prorated fee by calling the Program.

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Q. 8. How many obstetricians participate in the Birth-Injury Fund?

A. Depending on the year, the range has been from about 50 percent to 75 percent of all practicing (delivering) OBs in the Commonwealth.

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Q. 9. Who regulates the Virginia Birth-Related Neurological Injury Compensation Program?

A. The Program is regulated by statute in a variety of ways including:

• The Code of Virginia is very specific in how the Program is to operate. Additionally, a Plan of Operation is approved by the State Corporation Commission.
• All admissions into the program are through the Virginia Workers’ Compensation Commission. The Program itself does not admit claimants.
• The Program is required to file an annual financial report, including information regarding its reserve funds, to the Governor’s office, the Virginia Senate and the Virginia House of Delegates.
• The Governor appoints all governing board members for the Program.
• At least every-other year, the State Corporation Commission is required to conduct an actuarial study of the Program.

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Q. 10. What qualifies a child to enter the program?

A. First, being delivered by a participating provider or at a participating hospital.

The definition of a qualifying birth injury is:

(From §38.2-5001 of the Code of Virginia)

“Birth-related neurological injury” means injury to the brain or spinal cord of an infant caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation necessitated by a deprivation of oxygen or mechanical injury that occurred in the course of labor or delivery, in a hospital which renders the infant permanently motorically disabled and (i) developmentally disabled or (ii) for infants sufficiently developed to be cognitively evaluated, cognitively disabled. In order to constitute a “birth-related neurological injury” within the meaning of this chapter, such disability shall cause the infant to be permanently in need of assistance in all activities of daily living. This definition shall apply to live births only and shall not include disability or death caused by genetic or congenital abnormality, degenerative neurological disease, or maternal substance abuse. The definition provided here shall apply retroactively to any child born on and after January 1, 1988, who suffers from an injury to the brain or spinal cord caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation in the immediate postdelivery period in a hospital.

Per applicable law, entry into the Program is decided solely by the Virginia Workers’ Compensation Commission.

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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