§ 38.2-5016. Board of directors; appointment; vacancies; term; list ofProgram claimants.
A. The Birth-Related Neurological Injury Compensation Program shall begoverned by a board of nine directors.
B. Except as provided in subsection C, directors shall be appointed for aterm of three years or until their successors are appointed and havequalified.
C. 1. The directors shall be appointed by the Governor as follows:
a. Six citizen representatives. One of the members shall have a minimum offive years of professional investment experience. One of the members shallhave a minimum of five years of professional experience in finance and belicensed as a certified public accountant or hold a similar professionaldesignation. One of the members shall have professional experience workingwith the disabled community. One of the members shall be the relative of adisabled child experienced in the care of the disabled child. One of themembers shall be an attorney with a minimum of three years of experience inthe practice of law representing clients with physical personal injuries. Oneof the members shall be an at large representative consisting of a persondeemed qualified to serve by knowledge, education, training, interest orexperience;
b. One representative of participating physicians. The initial term of themember appointed in 1999 shall commence when appointed and shall be for oneyear;
c. One representative of participating hospitals. The initial term of themember appointed in 1999 shall commence when appointed and shall be for twoyears; and
d. One representative of liability insurers. The initial term of the memberappointed in 1999 shall commence when appointed and shall be for three years.
2. The Governor may select the representative of the participating physiciansfrom a list of at least three names to be recommended by the Virginia Societyof Obstetrics and Gynecology; the representative of participating hospitalsfrom a list of at least three names to be recommended by the VirginiaHospital & Healthcare Association; and the representative of liabilityinsurers from a list of at least three names, one of whom is recommended bythe American Insurance Association and two of whom are recommended by theProperty Casualty Insurers Association of America. The Governor may selectthe attorney member from a list of at least four names to be recommended bythe Virginia State Bar. The Governor may select the parent of a disabledchild member and the at large member from applications duly submitted.Nothing contained herein shall preclude qualified applicants for any positionon the Board from submitting an application to the Governor to serve as amember of the Board. In no case shall the Governor be bound to make anyappointment from among the nominees of the respective associations.
D. The Governor shall promptly notify the appropriate association, which maymake nominations, of any vacancy other than by expiration among the membersof the board representing a particular interest and like nominations may bemade for the filling of the vacancy.
E. The directors shall act by majority vote with five directors constitutinga quorum for the transaction of any business or the exercise of any power ofthe Program. The directors shall serve without salary, but each directorshall be reimbursed for actual and necessary expenses incurred in theperformance of his official duties as a director of the Program. Thedirectors shall not be subject to any personal liability with respect to theadministration of the Program or the payment of any award.
F. The board shall have the power to (i) administer the Program, (ii)administer the Birth-Related Neurological Injury Compensation Fund, whichshall include the authority to purchase, hold, sell or transfer real orpersonal property and the authority to place any such property in trust forthe benefit of claimants who have received awards pursuant to § 38.2-5009,(iii) appoint a service company or companies to administer the payment ofclaims on behalf of the Program, (iv) direct the investment and reinvestmentof any surplus in the Fund over losses and expenses, provided any investmentincome generated thereby remains in the Fund, (v) reinsure the risks of theFund in whole or in part, and (vi) obtain and maintain directors' andofficers' liability insurance. The board shall discharge its duties withrespect to the Fund solely in the interest of the recipients of awardspursuant to §§ 38.2-5009 and 38.2-5009.1 and shall invest the assets of theFund with the care, skill, prudence, and diligence under the circumstancesthen prevailing that a prudent person acting in a like capacity and familiarwith such matters would use in the conduct of an enterprise of a likecharacter and with like aims. Any decisions regarding the investment of theassets of the Fund shall be based on the advice of one or more investmentadvisors retained by the board, provided that any investment advisor retainedby the board shall be registered pursuant to the provisions of Article 3 (§13.1-504 et seq.) of Chapter 5 of Title 13.1 or shall be a federal coveredadvisor as defined in § 13.1-501 who has filed such documents and paid suchfees as may be necessary to transact business in the Commonwealth pursuant to§ 13.1-504. The board shall report annually to the Governor and to theSpeaker of the House of Delegates and the Clerk of the House of Delegates andto the Chairman of the Senate Rules Committee and the Clerk of the Senateregarding the investment of the Fund's assets. The board shall establish aprocedure in the plan of operation for notice to be given to obstetricalpatients concerning the no-fault alternative for birth-related neurologicalinjuries provided in this chapter, such notice to include a clear and conciseexplanation of a patient's rights and limitations under the program.
G. The board shall establish a procedure in the plan of operation formaintaining a list of Program claimants. Each claimant may consent to havehis name, address, phone number, and other personal information included onsuch list, for distribution to other Program claimants. The Board shalldistribute the list to Program claimants who have given consent to beincluded on such list, and to no other person.
(1987, c. 540; 1989, c. 523; 1994, c. 872; 1996, c. 232; 1997, c. 399; 1999,c. 824; 2002, c. 857; 2003, c. 897; 2006, c. 777; 2008, cc. 267, 520.)
§ 38.2-5016. Board of directors; appointment; vacancies; term; list ofProgram claimants.
A. The Birth-Related Neurological Injury Compensation Program shall begoverned by a board of nine directors.
B. Except as provided in subsection C, directors shall be appointed for aterm of three years or until their successors are appointed and havequalified.
C. 1. The directors shall be appointed by the Governor as follows:
a. Six citizen representatives. One of the members shall have a minimum offive years of professional investment experience. One of the members shallhave a minimum of five years of professional experience in finance and belicensed as a certified public accountant or hold a similar professionaldesignation. One of the members shall have professional experience workingwith the disabled community. One of the members shall be the relative of adisabled child experienced in the care of the disabled child. One of themembers shall be an attorney with a minimum of three years of experience inthe practice of law representing clients with physical personal injuries. Oneof the members shall be an at large representative consisting of a persondeemed qualified to serve by knowledge, education, training, interest orexperience;
b. One representative of participating physicians. The initial term of themember appointed in 1999 shall commence when appointed and shall be for oneyear;
c. One representative of participating hospitals. The initial term of themember appointed in 1999 shall commence when appointed and shall be for twoyears; and
d. One representative of liability insurers. The initial term of the memberappointed in 1999 shall commence when appointed and shall be for three years.
2. The Governor may select the representative of the participating physiciansfrom a list of at least three names to be recommended by the Virginia Societyof Obstetrics and Gynecology; the representative of participating hospitalsfrom a list of at least three names to be recommended by the VirginiaHospital & Healthcare Association; and the representative of liabilityinsurers from a list of at least three names, one of whom is recommended bythe American Insurance Association and two of whom are recommended by theProperty Casualty Insurers Association of America. The Governor may selectthe attorney member from a list of at least four names to be recommended bythe Virginia State Bar. The Governor may select the parent of a disabledchild member and the at large member from applications duly submitted.Nothing contained herein shall preclude qualified applicants for any positionon the Board from submitting an application to the Governor to serve as amember of the Board. In no case shall the Governor be bound to make anyappointment from among the nominees of the respective associations.
D. The Governor shall promptly notify the appropriate association, which maymake nominations, of any vacancy other than by expiration among the membersof the board representing a particular interest and like nominations may bemade for the filling of the vacancy.
E. The directors shall act by majority vote with five directors constitutinga quorum for the transaction of any business or the exercise of any power ofthe Program. The directors shall serve without salary, but each directorshall be reimbursed for actual and necessary expenses incurred in theperformance of his official duties as a director of the Program. Thedirectors shall not be subject to any personal liability with respect to theadministration of the Program or the payment of any award.
F. The board shall have the power to (i) administer the Program, (ii)administer the Birth-Related Neurological Injury Compensation Fund, whichshall include the authority to purchase, hold, sell or transfer real orpersonal property and the authority to place any such property in trust forthe benefit of claimants who have received awards pursuant to § 38.2-5009,(iii) appoint a service company or companies to administer the payment ofclaims on behalf of the Program, (iv) direct the investment and reinvestmentof any surplus in the Fund over losses and expenses, provided any investmentincome generated thereby remains in the Fund, (v) reinsure the risks of theFund in whole or in part, and (vi) obtain and maintain directors' andofficers' liability insurance. The board shall discharge its duties withrespect to the Fund solely in the interest of the recipients of awardspursuant to §§ 38.2-5009 and 38.2-5009.1 and shall invest the assets of theFund with the care, skill, prudence, and diligence under the circumstancesthen prevailing that a prudent person acting in a like capacity and familiarwith such matters would use in the conduct of an enterprise of a likecharacter and with like aims. Any decisions regarding the investment of theassets of the Fund shall be based on the advice of one or more investmentadvisors retained by the board, provided that any investment advisor retainedby the board shall be registered pursuant to the provisions of Article 3 (§13.1-504 et seq.) of Chapter 5 of Title 13.1 or shall be a federal coveredadvisor as defined in § 13.1-501 who has filed such documents and paid suchfees as may be necessary to transact business in the Commonwealth pursuant to§ 13.1-504. The board shall report annually to the Governor and to theSpeaker of the House of Delegates and the Clerk of the House of Delegates andto the Chairman of the Senate Rules Committee and the Clerk of the Senateregarding the investment of the Fund's assets. The board shall establish aprocedure in the plan of operation for notice to be given to obstetricalpatients concerning the no-fault alternative for birth-related neurologicalinjuries provided in this chapter, such notice to include a clear and conciseexplanation of a patient's rights and limitations under the program.
G. The board shall establish a procedure in the plan of operation formaintaining a list of Program claimants. Each claimant may consent to havehis name, address, phone number, and other personal information included onsuch list, for distribution to other Program claimants. The Board shalldistribute the list to Program claimants who have given consent to beincluded on such list, and to no other person.
(1987, c. 540; 1989, c. 523; 1994, c. 872; 1996, c. 232; 1997, c. 399; 1999,c. 824; 2002, c. 857; 2003, c. 897; 2006, c. 777; 2008, cc. 267, 520.)
§ 38.2-5016. Board of directors; appointment; vacancies; term; list ofProgram claimants.
A. The Birth-Related Neurological Injury Compensation Program shall begoverned by a board of nine directors.
B. Except as provided in subsection C, directors shall be appointed for aterm of three years or until their successors are appointed and havequalified.
C. 1. The directors shall be appointed by the Governor as follows:
a. Six citizen representatives. One of the members shall have a minimum offive years of professional investment experience. One of the members shallhave a minimum of five years of professional experience in finance and belicensed as a certified public accountant or hold a similar professionaldesignation. One of the members shall have professional experience workingwith the disabled community. One of the members shall be the relative of adisabled child experienced in the care of the disabled child. One of themembers shall be an attorney with a minimum of three years of experience inthe practice of law representing clients with physical personal injuries. Oneof the members shall be an at large representative consisting of a persondeemed qualified to serve by knowledge, education, training, interest orexperience;
b. One representative of participating physicians. The initial term of themember appointed in 1999 shall commence when appointed and shall be for oneyear;
c. One representative of participating hospitals. The initial term of themember appointed in 1999 shall commence when appointed and shall be for twoyears; and
d. One representative of liability insurers. The initial term of the memberappointed in 1999 shall commence when appointed and shall be for three years.
2. The Governor may select the representative of the participating physiciansfrom a list of at least three names to be recommended by the Virginia Societyof Obstetrics and Gynecology; the representative of participating hospitalsfrom a list of at least three names to be recommended by the VirginiaHospital & Healthcare Association; and the representative of liabilityinsurers from a list of at least three names, one of whom is recommended bythe American Insurance Association and two of whom are recommended by theProperty Casualty Insurers Association of America. The Governor may selectthe attorney member from a list of at least four names to be recommended bythe Virginia State Bar. The Governor may select the parent of a disabledchild member and the at large member from applications duly submitted.Nothing contained herein shall preclude qualified applicants for any positionon the Board from submitting an application to the Governor to serve as amember of the Board. In no case shall the Governor be bound to make anyappointment from among the nominees of the respective associations.
D. The Governor shall promptly notify the appropriate association, which maymake nominations, of any vacancy other than by expiration among the membersof the board representing a particular interest and like nominations may bemade for the filling of the vacancy.
E. The directors shall act by majority vote with five directors constitutinga quorum for the transaction of any business or the exercise of any power ofthe Program. The directors shall serve without salary, but each directorshall be reimbursed for actual and necessary expenses incurred in theperformance of his official duties as a director of the Program. Thedirectors shall not be subject to any personal liability with respect to theadministration of the Program or the payment of any award.
F. The board shall have the power to (i) administer the Program, (ii)administer the Birth-Related Neurological Injury Compensation Fund, whichshall include the authority to purchase, hold, sell or transfer real orpersonal property and the authority to place any such property in trust forthe benefit of claimants who have received awards pursuant to § 38.2-5009,(iii) appoint a service company or companies to administer the payment ofclaims on behalf of the Program, (iv) direct the investment and reinvestmentof any surplus in the Fund over losses and expenses, provided any investmentincome generated thereby remains in the Fund, (v) reinsure the risks of theFund in whole or in part, and (vi) obtain and maintain directors' andofficers' liability insurance. The board shall discharge its duties withrespect to the Fund solely in the interest of the recipients of awardspursuant to §§ 38.2-5009 and 38.2-5009.1 and shall invest the assets of theFund with the care, skill, prudence, and diligence under the circumstancesthen prevailing that a prudent person acting in a like capacity and familiarwith such matters would use in the conduct of an enterprise of a likecharacter and with like aims. Any decisions regarding the investment of theassets of the Fund shall be based on the advice of one or more investmentadvisors retained by the board, provided that any investment advisor retainedby the board shall be registered pursuant to the provisions of Article 3 (§13.1-504 et seq.) of Chapter 5 of Title 13.1 or shall be a federal coveredadvisor as defined in § 13.1-501 who has filed such documents and paid suchfees as may be necessary to transact business in the Commonwealth pursuant to§ 13.1-504. The board shall report annually to the Governor and to theSpeaker of the House of Delegates and the Clerk of the House of Delegates andto the Chairman of the Senate Rules Committee and the Clerk of the Senateregarding the investment of the Fund's assets. The board shall establish aprocedure in the plan of operation for notice to be given to obstetricalpatients concerning the no-fault alternative for birth-related neurologicalinjuries provided in this chapter, such notice to include a clear and conciseexplanation of a patient's rights and limitations under the program.
G. The board shall establish a procedure in the plan of operation formaintaining a list of Program claimants. Each claimant may consent to havehis name, address, phone number, and other personal information included onsuch list, for distribution to other Program claimants. The Board shalldistribute the list to Program claimants who have given consent to beincluded on such list, and to no other person.
(1987, c. 540; 1989, c. 523; 1994, c. 872; 1996, c. 232; 1997, c. 399; 1999,c. 824; 2002, c. 857; 2003, c. 897; 2006, c. 777; 2008, cc. 267, 520.)
