Virginia Birth-Related Neurological Injury Compensation Program
Family Advisory Committee Meeting Summary
Virtual meeting
June 23, 2026
1. Welcome and updates
Staff opened the meeting and outlined the primary topics for discussion, including program updates and continued review of the draft interim policies.
Staff reminded members of the upcoming Bridge Call on June 30 and noted that the interim policies will take effect on July 1.
Staff thanked FAC members for completing the survey on prioritizing policy projects for work beginning July 2026, and noted that 1) consistent, competitive rates and increases for family/independent caregivers; and 2) paying for or providing payroll processing support for independent caregivers were the highest priority issues.
2. Review feedback on the draft interim policies
Staff reviewed the goals of the interim policy development process:
· Ensure that benefits administration complies with legislation
· Promote transparent, consistent and efficient benefits administration; and
· Minimize administrative burdens and streamline processes for families
Staff reviewed the process and timeline, including the legislative process and the Program’s work to develop the interim policies. Staff thanked FAC members for their input and feedback during five FAC meetings and for taking additional time to review the draft interim policies and provide written comments. After the interim policies take effect on July 1, the Program, in collaboration with FAC, will monitor the impacts and refine, as needed. The interim policies will govern benefits administration until they are replaced by regulations or final policies. The interim policies represent an opportunity to learn and refine any issues before undertaking formal rule-making.
Staff reviewed the goals of the FAC meetings today and tomorrow, including reviewing FAC feedback on the draft interim policies, identifying potential revisions to be made prior to July 1 (subject to legal review and leadership approval), and identifying feedback that should be addressed during future policy development process.
Staff displayed the draft interim policies including written feedback received from FAC members. Based on written feedback and discussion during the call, the following potential revisions were identified:
· Revise introductory language describing the relationship between the legislation and the interim policies to note that the interim policies operationalize the legislation and that existing caps or limitations will no longer apply
· Add a general presumption that requests are medically necessary when indicated by a medical provider, unless there is clinical or factual information indicating otherwise
· Add a general presumption that requests are related to the birth injury, unless there is clinical or factual information indicating otherwise
· Add that the Program will limit documentation requests to what is reasonably necessary and use existing documentation, where possible
· Add that the Program will identify any incomplete documentation within 5 business days and will not delay payment if this deadline is not met
· Revise the definition of reasonable to make the language easier to understand
· Clarify that families may submit documentation via paper forms or digitally
· Clarify that use of in-network providers is encouraged, but not required
· Add examples of therapeutic services that may be covered
· Reduce justification requirements for therapy programs involving overnight travel
· Add examples of dental care that may be covered
· Simplify language describing reimbursement for services covered by dental insurance
· Add examples of supplies for which families do not need to run insurance
· Clarify that summer camps for people with disabilities are covered under interim policy 7. Travel
· Simplify the documentation and process for meals and incidental stipends for local travel
· Clarify that families may submit Superbills to their insurance provider to determine any coverage and may submit the Superbill determination to the Program to request reimbursement for out-of-network care
A FAC member asked whether the Program maintains medical records and documentation submitted by families. Staff confirmed that the Program maintains a secure file storage system and that transition to the CARES system will bring the Program into compliance with operational requirements in the recent legislation.
A FAC member asked whether the Program could pay deposits required prior to receiving dental care. Staff will consider this issue further.
A FAC member asked whether the psychotherapy benefit is available to family members who do not reside with the participant, such as adult siblings. Staff noted that this language comes from the legislation. Staff will consider this issue further.
A FAC member asked how the rental assistance benefit will be determined. Staff noted that the standard is medically necessary and reasonable and families needing rental assistance should reach out to their Case Specialist to determine what is reasonable in the context of their locality and the participant’s medical needs. Another member questioned whether the Program should cover some portion of utilities and common systems in participant family homes. Staff noted that these issues require further consideration and could be addressed through the standard policy development process.
A FAC member asked what would happen if a family lost access to private insurance and the marketplace is unavailable or unaffordable. Staff noted that the Program would not penalize the family or participant in any way and would support the family to obtain insurance coverage for the participant.
Staff thanked FAC members for their continued participation and feedback, and the meeting adjourned.
