38.2-5004.1 - Notification of possible beneficiaries. - Virginia Statutes

§ 38.2-5004.1. Notification of possible beneficiaries.

A. Each physician, hospital, and nurse midwife shall disclose in writing totheir obstetrical patients, at such time or times and in such detail as theboard of directors of the Program shall determine to be appropriate, whethersuch physician, hospital or nurse midwife is or is not a participatingprovider under the Program.

B. In addition to any other postpartum materials provided to the mother orother appropriate person, every hospital shall provide for each infant whowas hospitalized in a neonatal intensive care unit an informational brochureprepared or approved by the board of directors of the Program. The brochureshall describe the rights and limitations under the Program, including theProgram's exclusive remedy provision under subsection B of § 38.2-5002.

C. When a claim is made to an insurance company, as described in §38.2-5020.1, licensed to do business in the Commonwealth of Virginia or toany self-insurer, alleging that a possible birth-related neurological injuryor a severe adverse outcome related to a birth has occurred, such insurancecompany or self-insurer shall report such claim to the Program on a formprovided by the Program. Upon receipt of such report, the Program shallinform the parent or parents or guardians of the child on whose behalf suchclaim has been made of the Program's existence and eligibility requirements.

D. No liability or inference of liability or eligibility shall attach to themaking of such report. The making of such report shall not be admissible inany court.

(1999, c. 825; 2000, c. 1038; 2003, c. 897.)