ChangeBridge / Virginia / SB398 Signed by Governor
SB398 Senate Bill
Signed by Governor
2026-03-30

Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.

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.

Bill Details

State

Virginia

Session

2026 Regular Regular Session

Chamber

Senate

Official Source

lis.virginia.gov/bill-details/20261/SB398

LegiScan

View on LegiScan

Sponsors

Russet Perry (Sen - D)
Jeremy McPike (Sen - D)
Kannan Srinivasan (Sen - D)

Action History

2026-04-03 S Fiscal Impact Statement from Department of Planning and Budget (SB398)
2026-03-31 Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 S Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 H Signed by Speaker
2026-03-30 S Signed by President
2026-03-30 S Bill text as passed Senate and House (SB398ER)
2026-03-30 S Enrolled
2026-03-18 S Fiscal Impact Statement from Department of Planning and Budget (SB398)
2026-03-14 S Conference report agreed to by Senate (39-Y 0-N 0-A)
2026-03-14 H Conference report agreed to by House (95-Y 0-N 0-A)
2026-03-13 Conference Report released
2026-03-05 H House Conferees: Tran, Sullivan, O'Quinn
2026-03-05 H Conferees appointed by House
2026-03-03 S Senate Conferees: Perry, Surovell, Obenshain
2026-03-03 S Conferees appointed by Senate
2026-03-03 S Senate acceded to request Block Vote (40-Y 0-N 0-A)
2026-02-27 H House requested conference committee
2026-02-27 H House insisted on substitute
2026-02-26 S House substitute rejected by Senate (0-Y 40-N 0-A)
2026-02-24 H Passed House with substitute (98-Y 0-N 0-A)
2026-02-24 H Engrossed by House - committee substitute
2026-02-24 H committee substitute agreed to
2026-02-24 H Read third time
2026-02-23 H Read second time
2026-02-20 S Fiscal Impact Statement from Department of Planning and Budget (SB398)
2026-02-19 H Committee substitute printed 26108282D-H1
2026-02-19 S Fiscal Impact Statement from Department of Planning and Budget (SB398)
2026-02-19 H Reported from Labor and Commerce with substitute (20-Y 0-N)
2026-02-13 H Referred to Committee on Labor and Commerce
2026-02-13 H Read first time
2026-02-13 H Placed on Calendar
2026-02-10 S Read third time and passed Senate Block Vote (40-Y 0-N 0-A)
2026-02-10 S Constitutional reading dispensed Block Vote (on 3rd reading) (40-Y 0-N 0-A)
2026-02-10 S Rules suspended
2026-02-10 S Engrossed by Senate - committee substitute (Voice Vote)
2026-02-10 S Finance and Appropriations Substitute agreed to
2026-02-10 S Commerce and Labor Amendment rejected
2026-02-10 S Read second time
2026-02-09 S Passed by for the day
2026-02-09 S Passed by for the day (Voice Vote)
2026-02-09 S Constitutional reading dispensed (on 1st reading) (40-Y 0-N 0-A)
2026-02-09 S Rules suspended
2026-02-09 S Committee substitute printed 26107380D-S1
2026-02-05 S Reported from Finance and Appropriations with substitute (15-Y 0-N)
2026-02-05 S Incorporates SB434 (McPike)
2026-02-03 S Fiscal Impact Statement from Department of Planning and Budget (SB398)
2026-02-02 S Fiscal Impact Statement from Department of Planning and Budget (SB398)
2026-02-02 S Fiscal Impact Statement from Department of Planning and Budget (SB398)
2026-01-26 S Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations (15-Y 0-N)
2026-01-26 S Senate committee offered
2026-01-13 S Referred to Committee on Commerce and Labor
2026-01-13 S Prefiled and ordered printed; Offered 01-14-2026 26105392D

Votes

2026-01-26 Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations (15-Y 0-N) Yea: 15 Nay: 0
2026-02-05 Reported from Finance and Appropriations with substitute (15-Y 0-N) Yea: 15 Nay: 0
2026-02-09 Constitutional reading dispensed (on 1st reading) (40-Y 0-N 0-A) Yea: 40 Nay: 0
2026-02-10 Constitutional reading dispensed Block Vote (on 3rd reading) (40-Y 0-N 0-A) Yea: 40 Nay: 0
2026-02-10 Read third time and passed Senate Block Vote (40-Y 0-N 0-A) Yea: 40 Nay: 0
2026-02-19 Reported from Labor and Commerce with substitute (20-Y 0-N) Yea: 20 Nay: 0
2026-02-24 Passed House with substitute (98-Y 0-N 0-A) Yea: 98 Nay: 0
2026-02-26 House substitute rejected by Senate (0-Y 40-N 0-A) Yea: 0 Nay: 40
2026-03-03 Senate acceded to request Block Vote (40-Y 0-N 0-A) Yea: 40 Nay: 0
2026-03-14 Conference report agreed to by House (95-Y 0-N 0-A) Yea: 95 Nay: 0
2026-03-14 Conference report agreed to by Senate (39-Y 0-N 0-A) Yea: 39 Nay: 0

Committee Referrals

2026-01-13 S Commerce and Labor
2026-01-26 S Finance and Appropriations
2026-02-13 H Labor and Commerce

Amendments

0000-00-00 Commerce and Labor Amendment
0000-00-00 Commerce and Labor Amendment

Bill Text Versions

2026-01-13 Introduced
2026-02-09 Comm Sub
2026-02-19 Comm Sub
2026-03-13 Comm Sub
2026-03-30 Enrolled

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