Virginia SB 663: Practice of medicine and other healing arts; provision of litigation assistance.

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2020 SESSION

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20105716D 

SENATE BILL NO. 663 

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

(Proposed by the Senate Committee on Education and Health 

on January 30, 2020) 

(Patron Prior to Substitute--Senator Surovell) 

A BILL to amend the Code of Virginia by adding in Article 1 of 
Chapter 29 of Title 54.1 a section numbered 54.1-2910.5, relating to the 
practice of medicine and other healing arts; provision of litigation assistance 
. 

Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding in Article 
1 of Chapter 29 of Title 54.1 a section numbered 54.1-2910.5 as follows: 

� 54.1-2910.5. Litigation assistance.

A. Providers licensed pursuant to this chapter shall:

1. Upon request of a patient, or an attorney representing a 
patient, with whom the provider has a previously established provider-patient 
relationship, provide a fee schedule for attorney interactions, within five 
business days of the written or electronic request. Such fee schedule shall be 
for the time spent communicating with an attorney representing a patient or 
providing testimony under oath as a witness. Further, such fee schedule shall 
include an hourly fee to be billed in increments of no greater than one quarter 
of an hour, a half-day fee, and a full-day fee.

2. Upon the request of an attorney representing a patient 
with whom the provider has a previously established provider-patient 
relationship, schedule and participate in either an in-person meeting or 
telephone call regarding treatment and health care services provided to the 
patient. Such meeting or telephone call shall be scheduled within 14 business 
days of the request, provided that the provider has received (i) payment for 
the full amount of time requested and (ii) an electronic or written 
certification under oath from the attorney representing the patient that the 
attorney is not investigating or pursuing any professional liability claims 
against the provider related to the patient.

3. Upon the request of an attorney representing a patient 
with whom the provider has a previously established provider-patient 
relationship, schedule and participate in a de bene esse deposition or a trial 
upon 60 business days' prior written or electronic notice from an attorney 
representing a patient, provided that payment in full is received for the time 
requested, within 30 business days in advance. 

4. Upon the request of an attorney representing a patient 
with whom the provider has a previously established provider-patient relationship, 
provide a written or electronic estimate of the provider's charge for any 
future health care services the provider has recommended to the patient.

B. No provider shall be deemed in violation of subsection A 
in the event an emergency, illness, or act of God occurs and prevents 
compliance. Nothing in this section shall prohibit a