Participating Providers

Participating providers are physicians who have elected to participate in the Virginia Birth-Related Neurological Injury Compensation Program by executing a participation agreement and paying the required annual participation fee.

In order to participate, providers must:

  1. Be licensed to practice medicine in Virginia
  2. Practice obstetrics or perform obstetrical services on a full- or part-time basis; and
  3. Have paid, or been exempted from paying, the required assessment when the incident occurred.

To become a participating provider, physicians must execute the Participation Agreement, pay the required annual participation fee, and agree to the conditions established by the Virginia Birth-Related Neurological Injury Compensation Act, including certain statutory obligations related to obstetrical care access and program oversight. Coverage becomes effective 30 days after the Program receives both the signed agreement and payment.

Virginia law requires most licensed physicians practicing in the Commonwealth to pay an annual Birth-Injury Program Physician Assessment, regardless of specialty. Virginia law requires that participating physicians and hospitals that have participating physicians on staff give notice of Program participation to all obstetrical patients.

Benefits of Participation

Participation provides the rights and benefits established under Virginia law, including:

  • Best Possible Care for the Child: If a qualifying birth injury occurs, the child will receive lifetime medical care along with additional benefits such as housing and transportation assistance, and a worker’s compensation–style wage benefit between the ages of 18 and 65. A Joint Legislative Audit and Review Commission report found that children in the Program fare better than those receiving a tort remedy.*

  • Avoid Costly and Time-Consuming Court Cases: Qualifying claims are handled administratively through the Virginia Workers’ Compensation Commission, saving you the time, cost, and stress of litigation.

  • Malpractice Insurance Credit: By law, participating physicians are entitled to a malpractice coverage credit from their insurance carrier. In many cases, this credit covers most or all of the Program participation cost.

  • No-Fault Protection: Qualifying events are not reported to the National Practitioner Data Bank, preserving your professional record.

  • Flexible Enrollment: You may join the Program at any time during the year. Fees are prorated, though state law requires a 30-day waiting period before coverage begins.