SB 398 Virginia Senate · 2026 Regular Session

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

Summary
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 status vetoed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Vetoed
Apr 2026
Introduced Jan 13, 2026 Vetoed Apr 13, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

Finance and Appropriations Substitute Labor and Commerce Substitute · 3 edits
MINOR
The bill was transferred from the Senate Finance Committee to the House Labor and Commerce Committee, changing the committee responsible for the bill. A new section was added to clarify that disputes must be referred to the Virginia Workers' Compensation Commission rather than the existing Commission. The text also contains significant formatting errors and line breaks that obscure the full content of the new section.
Scope change
The bill's scope now includes an amendment to add a new section (38.2-5002.3) regarding the referral of civil actions to the Virginia Workers' Compensation Commission.
ENFORCEMENT

Added a new section (38.2-5002.3) specifying that civil actions related to birth injuries must be referred to the Virginia Workers' Compensation Commission for review under the existing medical malpractice framework.

TECHNICAL

Changed the committee designation from 'Senate Committee on Finance and Appropriations' to 'House Committee on Labor and Commerce', indicating the bill is now being processed by the House.

Altered the bill number from '26107380D' to '26108282D' to reflect the new House substitute version.

Floor votes · Senate Feb 9, 2026 · House of Delegates Feb 24, 2026

How they voted

390
Passed
Total votes 39
Feb 9, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
52
Key actions
14
Committee
10
Amendments
1
Apr 13, 2026
Vetoed
Governor's recommendation received by Senate
executive
Mar 31, 2026
Lower · Passed
Signed by Speaker
lower
Mar 30, 2026
Upper · Passed
Signed by President
upper
Mar 30, 2026
Upper · Passed
Bill text as passed Senate and House (SB398ER)
upper
Mar 14, 2026
Upper · Passed
Conference report agreed to by Senate (39-Y 0-N 0-A)
upper
Mar 14, 2026
Lower · Passed
Conference report agreed to by House (95-Y 0-N 0-A)
lower
Mar 13, 2026
Legislature · Passed
Conference Report released
legislature
Feb 27, 2026
Committee
House requested conference committee
lower
Feb 24, 2026
Lower · Passed
Passed House with substitute (98-Y 0-N 0-A)
lower
Feb 19, 2026
Lower · Passed
Reported from Labor and Commerce with substitute (20-Y 0-N)
lower
Feb 13, 2026
Committee
Referred to Committee on Labor and Commerce
lower
Feb 10, 2026
Upper · Passed
Read third time and passed Senate Block Vote (40-Y 0-N 0-A)
upper
Feb 10, 2026
Amended
Commerce and Labor Amendment rejected
upper
Feb 9, 2026
Upper · Passed
Passed by for the day
upper
Feb 9, 2026
Upper · Passed
Passed by for the day (Voice Vote)
upper
Feb 5, 2026
Upper · Passed
Reported from Finance and Appropriations with substitute (15-Y 0-N)
upper
Jan 26, 2026
Upper · Passed
Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations (15-Y 0-N)
upper
Jan 26, 2026
Upper · Passed
Senate committee offered
upper
Jan 13, 2026
Committee
Referred to Committee on Commerce and Labor
upper
1 primary · 2 co-sponsors

Sponsors