79118238.2-5016Virginia Decodedhttps://vacode.org2016InsuranceVirginia Birth-related Neurological Injury Compensation ActBoard of directors; appointment; vacancies; term; list of Program claimants1987, 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. . . . William T. Young, Jr., etc. v. Virginia Birth-Related . . . 25050432005-10-04https://www.courtlistener.com/opinion/1063401/william-t-young-jr-etc-v-virginia-birth-related-ne/ . . . . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/38.2-5016/13.1-501Definitions/13.1-501/13.1-504Registration/13.1-504/38.2-5009Commission awards for birth-related neurological injuries; notice of award/38.2-5009/38.2-5009.1Infants dying shortly after birth/38.2-5009.1//38.2-5016/38.2/50/38.2-501638.2-5016.1The Birth-Related Neurological Injury Compensation Program shall be governed by a board of nine directors.sectionAA1Except as provided in subsection C, directors shall be appointed for a term of three years or until their successors are appointed and have qualified.sectionBB11. The directors shall be appointed by the Governor as follows:sectionCC1 Six citizen representatives. One of the members shall have a minimum of five years of professional investment experience. One of the members shall have a minimum of five years of professional experience in finance and be licensed as a certified public accountant or hold a similar professional designation. One of the members shall have professional experience working with the disabled community. One of the members shall be the relative of a disabled child experienced in the care of the disabled child. One of the members shall be an attorney with a minimum of three years of experience in the practice of law representing clients with physical personal injuries. One of the members shall be an at large representative consisting of a person deemed qualified to serve by knowledge, education, training, interest or experience;sectionCaCa2 One representative of participating physicians. The initial term of the member appointed in 1999 shall commence when appointed and shall be for one year;sectionCbCb2 One representative of participating hospitals. The initial term of the member appointed in 1999 shall commence when appointed and shall be for two years; andsectionCcCc2 One representative of liability insurers. The initial term of the member appointed in 1999 shall commence when appointed and shall be for three years.
sectionCdCd2 The Governor may select the representative of the participating physicians from a list of at least three names to be recommended by the Virginia Society of Obstetrics and Gynecology; the representative of participating hospitals from a list of at least three names to be recommended by the Virginia Hospital & Healthcare Association; and the representative of liability insurers from a list of at least three names, one of whom is recommended by the American Insurance Association and two of whom are recommended by the Property Casualty Insurers Association of America. The Governor may select the attorney member from a list of at least four names to be recommended by the Virginia State Bar. The Governor may select the parent of a disabled child member and the at large member from applications duly submitted. Nothing contained herein shall preclude qualified applicants for any position on the Board from submitting an application to the Governor to serve as a member of the Board. In no case shall the Governor be bound to make any appointment from among the nominees of the respective associations.sectionCd2Cd23The Governor shall promptly notify the appropriate association, which may make nominations, of any vacancy other than by expiration among the members of the board representing a particular interest and like nominations may be made for the filling of the vacancy.sectionDD1The directors shall act by majority vote with five directors constituting a quorum for the transaction of any business or the exercise of any power of the Program. The directors shall serve without salary, but each director shall be reimbursed for actual and necessary expenses incurred in the performance of his official duties as a director of the Program. The directors shall not be subject to any personal liability with respect to the administration of the Program or the payment of any award.sectionEE1The board shall establish a procedure in the plan of operation for maintaining a list of Program claimants. Each claimant may consent to have his name, address, phone number, and other personal information included on such list, for distribution to other Program claimants. The Board shall distribute the list to Program claimants who have given consent to be included on such list, and to no other person.sectionGG1