Insurance Carriers & Other Providers


CarriersProviders

Insurance Carriers

General Liability

Virginia’s liability insurance carriers play a key role in the success of the Virginia Birth-Related Neurological Injury Compensation Program. As with the physician assessments, when determined necessary by the State Corporation Commission’s Bureau of Insurance, liability insurers in Virginia are assessed one-quarter of one percent (.0025) of net direct premiums to support the Program (§38.2-5021).

Malpractice Insurers

Many malpractice carriers now either require or highly recommend that the delivering physicians they insure participate in the Birth-Injury Program. These companies believe it’s a wise decision for everyone involved. If you are a malpractice carrier and have questions about the Program, please contact us.

Reporting Form

State law requires that malpractice carriers notify the Birth-Injury Program when they become aware of a possible qualifying birth attended by a physician they insure and a participant in the Birth-Injury Program. Please use the form below to make such reports.

Other Providers

While obstetricians and other delivering providers may become participants in the Birth-Injury Program, all other licensed Virginia physicians also play a key role. The Virginia General Assembly established the Program to help hold down malpractice insurance rates for all physicians, which studies show it has accomplished.* As a part of the original statute (§38.2-5020), when deemed necessary by the Virginia Bureau of Insurance, all non-participating licensed physicians in Virginia, of any specialty, are assessed an annual $300 fee to help fund the Program. (Other times participant fees are the only income, no state general funds are provided to the Birth-Injury Program) This physician assessment has been implemented about half of the years since the Program’s creation, and currently is in place. Whenever the physician assessment is implemented, an assessment on liability insurers operating in Virginia also is implemented. Physician assessments currently provide less than 20 percent of the Program’s annual income.

Assessment Process

When in effect, the annual assessment process begins September 30 for the upcoming calendar year. On that date, by law, the Program downloads all eligible licensed physician names and addresses from the State database. These names and addresses must be utilized for mailing assessment notices to physicians. Three notices are sent, with the first mailed in October for the upcoming year. A second notice is mailed around February, and a third, by certified mail, around May.

(Note: All licensed physicians are required to notify the State Board of Medicine of an address change within 30-days of the change.)

Physician Exemptions

State law allows for five exemptions to paying the physician assessment. Use this link for more information or to download the exemption form.

Enforcement

The Birth-Injury Program may to turn over the names of any non-responding physicians to the State Corporation Commission’s Bureau of Insurance for enforcement. The State Corporation Commission may impose a fine of up to $5,000.
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.