Who regulates the Program?
The Program is regulated through:
- Code of Virginia Code – Chapter 50. Virginia Birth-Related Neurological Injury Compensation Act provides statutory authority and requirements for the Program and the Fund.
- The Program has a Plan of Operation that must be approved (Virginia Code § 38.2-5017) by the State Corporation Commission.
- All admissions into the Program are determined by the Virginia Workers’ Compensation Commission.
- The Program is governed by a nine-member Board of Directors appointed by the Governor.
- The Board manages investments of the Fund. The Board reports annually to the Governor, Speaker of the House of Delegates, Clerk of the House of Delegates, Chairman of the Senate Rules Committee and the Clerk of the Senate regarding the investment of the Fund’s assets.
- The Board is required to conduct an annual audit and share the findings with those receiving the Fund investment report above. Starting July 1, 2026, the audit will be shared also with the Auditor of Public Accounts and any relevant analysis provided to the Governor and General Assembly.
- The State Corporation Commission is required to conduct an actuarial study of the Program at least every other year.

