Virginia Law

As used in this chapter, unless the context requires a different meaning:

"Abusive litigation" means:

1. Litigation or other legal action intended to deter, prevent, sanction, or punish any person engaging in protected health care activity by prosecuting any action in any jurisdiction other than the Commonwealth where liability, in whole or part, directly or indirectly, is based on protected health care activity that occurred in the Commonwealth, including any action in which liability is based on any theory of vicarious or joint and several liability derived therefrom. A lawsuit shall be considered to be based on conduct that occurred in the Commonwealth if any part of any act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in the Commonwealth, whether or not such act or omission is alleged or included in any pleading or other filing in the lawsuit; or

2. Any attempt to enforce any order or judgment issued in connection with any such action by any party to an action described in subdivision 1 or any person acting on behalf of a party to the action.

"Abusive litigation" does not include legal actions or judgments commenced or entered in another jurisdiction that are based upon conduct for which a cause of action exists under the laws of the Commonwealth if the conduct that forms the basis for liability has occurred entirely within the Commonwealth, including any contract, tort, common law, or statutory claims.

"Criminal justice agency" means the same as that term is defined in § 9.1-101.

"Law-enforcement officer" means those persons identified in the definitions of "law-enforcement officer" in § 9.1-101 and subsection H of § 18.2-57.

"Protected health care activity" means the provision or receipt, attempted provision or receipt, or assistance or attempted assistance in the provision or receipt of health care that is lawful in the Commonwealth by a health care provider licensed under the laws of the Commonwealth and physically present in the Commonwealth. "Protected health care activity" includes all behavioral health, diagnostic, medical, mental health, pharmaceutical, preventative, psychiatric, psychological, rehabilitative, support, surgical, or therapeutic care services and any supplies, assessment, diagnosis, treatment, procedure, prescription, test, medication, advice, or other service related to such care.

"Provision" and "receipt" of health care mean the providing of such care, the receiving of such care, assisting in the providing or receiving of such care, or materially supporting the providing or receiving of such care.

2026, c. 905.