77210238.2-5020Virginia Decodedhttps://vacode.org2016InsuranceVirginia Birth-related Neurological Injury Compensation ActAssessments1987, c. 540; 1989, cc. 361, 463, 523; 1990, c. 498; 1991, c. 486; 1992, cc. 414, 767; 1994, c. 872; 2004, cc. 896, 931; 2008, cc. 267, 520.King v. Neurological Injury Comp. ProgramRecord No. 910213410 S.E.2d 6561991-11-08https://www.courtlistener.com/opinion/1388282/king-v-neurological-injury-comp-program/ . . . annual assessment of $5,000 to the Program. Code § 38.2-5020(A). All licensed non-participating . . . <abbr title="Supreme Court of Virginia">SCV</abbr>FRUITERMAN, MD & ASSOC., PC v. Waziri990376525 S.E.2d 5522000-03-03https://www.courtlistener.com/opinion/1059651/fruiterman-md-assoc-pc-v-waziri/ . . . the Program in the amount of $5,000", § 38.2-5020(A), and that "a participating hospital with… . . . <abbr title="Supreme Court of Virginia">SCV</abbr> . . . 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/ . . . full assessment level permitted . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/38.2-5020/38.2-117Personal injury liability/38.2-117/38.2-118Property damage liability/38.2-118/38.2-119Workers' compensation and employers' liability/38.2-119/38.2-124Motor vehicle/38.2-124/38.2-125Aircraft/38.2-125/38.2-130Homeowners insurance/38.2-130/38.2-131Farmowners insurance/38.2-131/38.2-132Commercial multi-peril insurance/38.2-132/38.2-5021Actuarial investigation, valuations, gain/loss analysis; notice if assessments prove insufficient/38.2-5021//38.2-5020/38.2/50/38.2-502038.2-500138.2-5021A physician who otherwise qualifies as a participating physician pursuant to this chapter may become a participating physicsectionAA1A hospital that otherwise qualifies as a participating hospital pursuant to this chapter may become a participating hospital in the Program for a particular year by paying an annual participating hospital assessment to the Program, on or before December 1 of the previous year, amounting to $ 50 per live birth for the prior year, as reported to the Department of Health in the Annual Survey of Hospitals. Effective January 1, 2009, the annual participating hospital assessment shall increase by $ 2.50 per live birth for the prior year, as reported to the Department of Health in the Annual Survey of Hospitals, and shall be increased at that rate each year thereafter to a maximum of $ 55 per live birth so reported for the prior year. The participating hospital assessment shall not exceed $ 150,000 for any participating hospital in any 12-month period until January 1, 2005. Effective January 1, 2005, the maximum total annual assessment shall be $ 160,000, and shall increase by $ 10,000 each year thereafter, to a maximum of $ 200,000 in any 12-month period.sectionCC1All licensed physicians practicing in the Commonwealth on September 30 of a particular year, other than participating physicians, shall pay to the Program an annual assessment of $ 250 for the following year, in the manner required by the plan of operation until January 1, 2005. Effective January 1, 2005, the total annual assessment shall be $ 260, and shall increase by $ 10 each year thereafter to a maximum of $ 300 per year.Upon proper certification to the Program, the following physicians shall be exempt from the payment of the annual assessment under this subsection:sectionDD1 A physician who is employed by the Commonwealth or federal government and whose income from professional fees is less than an amount equal to 10 percent of the annual salary of the physician.sectionD1D12 A physician who is enrolled in a full-time graduate medical education program accredited by the American Council for Graduate Medical Education.sectionD2D22 A physician who has retired from active clinical practice.sectionD3D32 A physician whose active clinical practice is limited to the provision of services, voluntarily and without compensation, to any patient of any clinic which is organized in whole or in part for the delivery of health care services without charge as provided in § 54.1-106.sectionD4D42Taking into account the assessments collected pursuant to subsections A through D of this section, if required to maintain the Fund on an actuarially sound basis, all insurance carriers licensed to write and engaged in writing liability insurance in the Commonwealth of a particular year, shall pay into the Fund an assessment for the following year, in an amount determined by the State Corporation Commission pursuant to subsection A of § 38.2-5021, in the manner required by the plan of operation. Liability insurance for the purposes of this provision shall include the classes of insurance defined in §§ 38.2-117, 38.2-118, and 38.2-119 and the liability portions of the insurance defined in §§ 38.2-124, 38.2-125, 38.2-130, 38.2-131, and 38.2-132.sectionEE1 Liability insurance carriers shall be entitled to recover their initial and annual assessments through (i) a surcharge on future policies, (ii) a rate increase applicable prospectively, or (iii) a combination of the two, at the discretion of the State Corporation Commission.sectionE3E32On and after January 1, 1989, a participating physician covered under the provisions of this section who has paid an annual assessment for a particular calendar year to the Program and who retires from the practice of medicine during that particular calendar year shall be entitled to a refund of a prorated share of his or her annual assessment for the calendar year that corresponds to the portion of the calendar year remaining following his or her retirement.sectionFF1