"Birth-related neurological injury" means injury to the brain or spinalcord of an infant caused by the deprivation of oxygen or mechanical injuryoccurring in the course of labor, delivery or resuscitation necessitated by adeprivation of oxygen or mechanical injury that occurred in the course oflabor or delivery, in a hospital which renders the infant permanentlymotorically disabled and (i) developmentally disabled or (ii) for infantssufficiently developed to be cognitively evaluated, cognitively disabled. Inorder to constitute a "birth-related neurological injury" within themeaning of this chapter, such disability shall cause the infant to bepermanently in need of assistance in all activities of daily living. Thisdefinition shall apply to live births only and shall not include disabilityor death caused by genetic or congenital abnormality, degenerativeneurological disease, or maternal substance abuse. The definition providedhere 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 thedeprivation of oxygen or mechanical injury occurring in the course of labor,delivery or resuscitation in the immediate postdelivery period in a hospital.
"Claimant" means any person who files a claim pursuant to § 38.2-5004 forcompensation for a birth-related neurological injury to an infant. Suchclaims may be filed by any legal representative on behalf of an injuredinfant; and, in the case of a deceased infant, the claim may be filed by anadministrator, executor, or other legal representative.
"Commission" means the Virginia Workers' Compensation Commission.
"Participating hospital" means a general hospital licensed in Virginiawhich at the time of the injury (i) had in force an agreement with theCommissioner of Health or his designee, in a form prescribed by theCommissioner, whereby the hospital agreed to participate in the developmentof a program to provide obstetrical care to patients eligible for MedicalAssistance Services and to patients who are indigent, and upon approval ofsuch program by the Commissioner of Health, to participate in itsimplementation, (ii) had in force an agreement with the State Department ofHealth whereby the hospital agreed to submit to review of its obstetricalservice, as required by subsection C of § 38.2-5004, and (iii) had paid theparticipating hospital assessment pursuant to § 38.2-5020 for the period oftime in which the birth-related neurological injury occurred. The term alsoincludes employees of such hospitals, excluding physicians or nurse-midwiveswho are eligible to qualify as participating physicians, acting in the courseof and in the scope of their employment.
"Participating physician" means a physician licensed in Virginia topractice medicine, who practices obstetrics or performs obstetrical serviceseither full or part time or, as authorized in the plan of operation, alicensed nurse-midwife who performs obstetrical services, either full or parttime, within the scope of such licensure and who at the time of the injury(i) had in force an agreement with the Commissioner of Health or hisdesignee, in a form prescribed by the Commissioner, whereby the physicianagreed to participate in the development of a program to provide obstetricalcare to patients eligible for Medical Assistance Services and to patients whoare indigent, and upon approval of such program by the Commissioner ofHealth, to participate in its implementation, (ii) had in force an agreementwith the Board of Medicine whereby the physician agreed to submit to reviewby the Board of Medicine as required by subsection B of § 38.2-5004, and(iii) had paid the participating physician assessment pursuant to § 38.2-5020for the period of time in which the birth-related neurological injuryoccurred. The term "participating physician" includes a partnership,corporation, professional corporation, professional limited liability companyor other entity through which the participating physician practices.
"Program" means the Virginia Birth-Related Neurological Injury CompensationProgram established by this chapter.
(1987, c. 540; 1989, c. 523; 1990, cc. 234, 534; 1994, c. 872; 1995, c. 302;1999, c. 806; 2000, c. 207; 2003, c. 897; 2004, cc. 896, 931.)
"Birth-related neurological injury" means injury to the brain or spinalcord of an infant caused by the deprivation of oxygen or mechanical injuryoccurring in the course of labor, delivery or resuscitation necessitated by adeprivation of oxygen or mechanical injury that occurred in the course oflabor or delivery, in a hospital which renders the infant permanentlymotorically disabled and (i) developmentally disabled or (ii) for infantssufficiently developed to be cognitively evaluated, cognitively disabled. Inorder to constitute a "birth-related neurological injury" within themeaning of this chapter, such disability shall cause the infant to bepermanently in need of assistance in all activities of daily living. Thisdefinition shall apply to live births only and shall not include disabilityor death caused by genetic or congenital abnormality, degenerativeneurological disease, or maternal substance abuse. The definition providedhere 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 thedeprivation of oxygen or mechanical injury occurring in the course of labor,delivery or resuscitation in the immediate postdelivery period in a hospital.
"Claimant" means any person who files a claim pursuant to § 38.2-5004 forcompensation for a birth-related neurological injury to an infant. Suchclaims may be filed by any legal representative on behalf of an injuredinfant; and, in the case of a deceased infant, the claim may be filed by anadministrator, executor, or other legal representative.
"Commission" means the Virginia Workers' Compensation Commission.
"Participating hospital" means a general hospital licensed in Virginiawhich at the time of the injury (i) had in force an agreement with theCommissioner of Health or his designee, in a form prescribed by theCommissioner, whereby the hospital agreed to participate in the developmentof a program to provide obstetrical care to patients eligible for MedicalAssistance Services and to patients who are indigent, and upon approval ofsuch program by the Commissioner of Health, to participate in itsimplementation, (ii) had in force an agreement with the State Department ofHealth whereby the hospital agreed to submit to review of its obstetricalservice, as required by subsection C of § 38.2-5004, and (iii) had paid theparticipating hospital assessment pursuant to § 38.2-5020 for the period oftime in which the birth-related neurological injury occurred. The term alsoincludes employees of such hospitals, excluding physicians or nurse-midwiveswho are eligible to qualify as participating physicians, acting in the courseof and in the scope of their employment.
"Participating physician" means a physician licensed in Virginia topractice medicine, who practices obstetrics or performs obstetrical serviceseither full or part time or, as authorized in the plan of operation, alicensed nurse-midwife who performs obstetrical services, either full or parttime, within the scope of such licensure and who at the time of the injury(i) had in force an agreement with the Commissioner of Health or hisdesignee, in a form prescribed by the Commissioner, whereby the physicianagreed to participate in the development of a program to provide obstetricalcare to patients eligible for Medical Assistance Services and to patients whoare indigent, and upon approval of such program by the Commissioner ofHealth, to participate in its implementation, (ii) had in force an agreementwith the Board of Medicine whereby the physician agreed to submit to reviewby the Board of Medicine as required by subsection B of § 38.2-5004, and(iii) had paid the participating physician assessment pursuant to § 38.2-5020for the period of time in which the birth-related neurological injuryoccurred. The term "participating physician" includes a partnership,corporation, professional corporation, professional limited liability companyor other entity through which the participating physician practices.
"Program" means the Virginia Birth-Related Neurological Injury CompensationProgram established by this chapter.
(1987, c. 540; 1989, c. 523; 1990, cc. 234, 534; 1994, c. 872; 1995, c. 302;1999, c. 806; 2000, c. 207; 2003, c. 897; 2004, cc. 896, 931.)
"Birth-related neurological injury" means injury to the brain or spinalcord of an infant caused by the deprivation of oxygen or mechanical injuryoccurring in the course of labor, delivery or resuscitation necessitated by adeprivation of oxygen or mechanical injury that occurred in the course oflabor or delivery, in a hospital which renders the infant permanentlymotorically disabled and (i) developmentally disabled or (ii) for infantssufficiently developed to be cognitively evaluated, cognitively disabled. Inorder to constitute a "birth-related neurological injury" within themeaning of this chapter, such disability shall cause the infant to bepermanently in need of assistance in all activities of daily living. Thisdefinition shall apply to live births only and shall not include disabilityor death caused by genetic or congenital abnormality, degenerativeneurological disease, or maternal substance abuse. The definition providedhere 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 thedeprivation of oxygen or mechanical injury occurring in the course of labor,delivery or resuscitation in the immediate postdelivery period in a hospital.
"Claimant" means any person who files a claim pursuant to § 38.2-5004 forcompensation for a birth-related neurological injury to an infant. Suchclaims may be filed by any legal representative on behalf of an injuredinfant; and, in the case of a deceased infant, the claim may be filed by anadministrator, executor, or other legal representative.
"Commission" means the Virginia Workers' Compensation Commission.
"Participating hospital" means a general hospital licensed in Virginiawhich at the time of the injury (i) had in force an agreement with theCommissioner of Health or his designee, in a form prescribed by theCommissioner, whereby the hospital agreed to participate in the developmentof a program to provide obstetrical care to patients eligible for MedicalAssistance Services and to patients who are indigent, and upon approval ofsuch program by the Commissioner of Health, to participate in itsimplementation, (ii) had in force an agreement with the State Department ofHealth whereby the hospital agreed to submit to review of its obstetricalservice, as required by subsection C of § 38.2-5004, and (iii) had paid theparticipating hospital assessment pursuant to § 38.2-5020 for the period oftime in which the birth-related neurological injury occurred. The term alsoincludes employees of such hospitals, excluding physicians or nurse-midwiveswho are eligible to qualify as participating physicians, acting in the courseof and in the scope of their employment.
"Participating physician" means a physician licensed in Virginia topractice medicine, who practices obstetrics or performs obstetrical serviceseither full or part time or, as authorized in the plan of operation, alicensed nurse-midwife who performs obstetrical services, either full or parttime, within the scope of such licensure and who at the time of the injury(i) had in force an agreement with the Commissioner of Health or hisdesignee, in a form prescribed by the Commissioner, whereby the physicianagreed to participate in the development of a program to provide obstetricalcare to patients eligible for Medical Assistance Services and to patients whoare indigent, and upon approval of such program by the Commissioner ofHealth, to participate in its implementation, (ii) had in force an agreementwith the Board of Medicine whereby the physician agreed to submit to reviewby the Board of Medicine as required by subsection B of § 38.2-5004, and(iii) had paid the participating physician assessment pursuant to § 38.2-5020for the period of time in which the birth-related neurological injuryoccurred. The term "participating physician" includes a partnership,corporation, professional corporation, professional limited liability companyor other entity through which the participating physician practices.
"Program" means the Virginia Birth-Related Neurological Injury CompensationProgram established by this chapter.
(1987, c. 540; 1989, c. 523; 1990, cc. 234, 534; 1994, c. 872; 1995, c. 302;1999, c. 806; 2000, c. 207; 2003, c. 897; 2004, cc. 896, 931.)
