Virginia bills · 2026 Regular Session
Virginia SB 398
Virginia Birth-Related Neurological Injury Compensation Program and Fund; filing of claims.
- Introduced
- In committee
- Passed Senate
- Passed House
- To Governor
- Became law
Sponsors
- Russet Perry (Democratic)
Cosponsors (2)
- Kannan Srinivasan (Democratic)
- Jeremy S. McPike (Democratic)
Summary
Official abstract published by the Virginia legislature· SUMMARY AS PASSED
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.
Text versions
- Introduced
- Commerce and Labor Amendment
- Finance and Appropriations Substitute
- Labor and Commerce Substitute
- Conference Report Substitute
- Conference Report
- Enrolled
- Governor's Recommendation
Roll-call votes
State vote data last updated Oct 14, 2026, 12:15 PM.
| Date | Vote | Result | Your legislators |
|---|---|---|---|
| Mar 14, 2026 House | H VOTE: | pass | Set your home in Virginia to see |
| Mar 14, 2026 Senate | Adopt Conference Committee Report R | pass | Set your home in Virginia to see |
| Mar 3, 2026 Senate | Accede Conference Committee R | pass | Set your home in Virginia to see |
| Feb 26, 2026 Senate | Concur House Substitute R | fail | Set your home in Virginia to see |
| Feb 24, 2026 House | H VOTE: | pass | Set your home in Virginia to see |
| Feb 19, 2026 House | Reported from Labor and Commerce with substitute | pass | Set your home in Virginia to see |
| Feb 10, 2026 Senate | Passage R | pass | Set your home in Virginia to see |
| Feb 10, 2026 Senate | Constitutional reading dispensed (on 3rd reading) | pass | Set your home in Virginia to see |
| Feb 9, 2026 Senate | Constitutional reading dispensed R | pass | Set your home in Virginia to see |
| Feb 5, 2026 Senate | Reported from Finance and Appropriations with substitute | pass | Set your home in Virginia to see |
| Jan 26, 2026 Senate | Reported from Commerce and Labor with amendments | pass | Set your home in Virginia to see |
Actions
- Apr 13, 2026
Governor's recommendation received by Senate - Apr 3, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB398) - Mar 31, 2026
Governor's Action Deadline 11:59 p.m., April 13, 2026 - Mar 31, 2026 · Senate
Enrolled Bill communicated to Governor on March 31, 2026 - Mar 31, 2026 · House
Signed by Speaker - Mar 30, 2026 · Senate
Signed by President - Mar 30, 2026 · Senate
Bill text as passed Senate and House (SB398ER) - Mar 30, 2026 · Senate
Enrolled - Mar 18, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB398) - Mar 14, 2026 · Senate
Conference report agreed to by Senate (39-Y 0-N 0-A) - Mar 14, 2026 · House
Conference report agreed to by House (95-Y 0-N 0-A) - Mar 13, 2026 · Legislature
Conference Report released - Mar 5, 2026 · House
House Conferees: Tran, Sullivan, O'Quinn - Mar 5, 2026 · House
Conferees appointed by House - Mar 3, 2026 · Senate
Senate Conferees: Perry, Surovell, Obenshain - Mar 3, 2026 · Senate
Conferees appointed by Senate - Mar 3, 2026 · Senate
Senate acceded to request Block Vote (40-Y 0-N 0-A) - Feb 27, 2026 · House
House requested conference committee - Feb 27, 2026 · House
House insisted on substitute - Feb 26, 2026 · Senate
House substitute rejected by Senate (0-Y 40-N 0-A) - Feb 24, 2026 · House
Passed House with substitute (98-Y 0-N 0-A) - Feb 24, 2026 · House
Engrossed by House - committee substitute - Feb 24, 2026 · House
committee substitute agreed to - Feb 24, 2026 · House
Read third time - Feb 23, 2026 · House
Read second time - Feb 20, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB398) - Feb 19, 2026 · House
Committee substitute printed 26108282D-H1 - Feb 19, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB398) - Feb 19, 2026 · House
Reported from Labor and Commerce with substitute (20-Y 0-N) - Feb 13, 2026 · House
Referred to Committee on Labor and Commerce - Feb 13, 2026 · House
Read first time - Feb 13, 2026 · House
Placed on Calendar - Feb 10, 2026 · Senate
Read third time and passed Senate Block Vote (40-Y 0-N 0-A) - Feb 10, 2026 · Senate
Constitutional reading dispensed Block Vote (on 3rd reading) (40-Y 0-N 0-A) - Feb 10, 2026 · Senate
Rules suspended - Feb 10, 2026 · Senate
Engrossed by Senate - committee substitute (Voice Vote) - Feb 10, 2026 · Senate
Finance and Appropriations Substitute agreed to - Feb 10, 2026 · Senate
Commerce and Labor Amendment rejected - Feb 10, 2026 · Senate
Read second time - Feb 9, 2026 · Senate
Passed by for the day - Feb 9, 2026 · Senate
Passed by for the day (Voice Vote) - Feb 9, 2026 · Senate
Constitutional reading dispensed (on 1st reading) (40-Y 0-N 0-A) - Feb 9, 2026 · Senate
Rules suspended - Feb 9, 2026 · Senate
Committee substitute printed 26107380D-S1 - Feb 5, 2026 · Senate
Reported from Finance and Appropriations with substitute (15-Y 0-N) - Feb 5, 2026 · Senate
Incorporates SB434 (McPike) - Feb 3, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB398) - Feb 2, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB398) - Feb 2, 2026 · Senate
Fiscal Impact Statement from Department of Planning and Budget (SB398) - Jan 26, 2026 · Senate
Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations (15-Y 0-N) - Jan 26, 2026 · Senate
Senate committee offered - Jan 13, 2026 · Senate
Referred to Committee on Commerce and Labor - Jan 13, 2026 · Senate
Prefiled and ordered printed; Offered 01-14-2026 26105392D