Virginia Law

This chapter may be cited as the Virginia Health Care Protection Act.

2026, c. 905.

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.

A. Notwithstanding any other provision of law, no law-enforcement officer acting within the Commonwealth or employed by a criminal justice agency of the Commonwealth or any of its localities or political subdivisions who is acting in relation to an investigation or inquiry into services constituting protected health care activity, if such services would be lawful if provided entirely within the Commonwealth, shall (i) investigate, arrest, or detain any person, seek the issuance of a warrant, or otherwise assist in or provide support for any investigation or (ii) provide information to any law-enforcement officer outside of the Commonwealth, including in any other federal, state, or local jurisdictions, or to any private citizen.

B. Any person who is the subject of an investigation, a warrant, an arrest, detention, or provision of information in violation of subsection A may bring a civil action for declaratory, injunctive, or other equitable relief to enforce the terms of this section. However, the provisions of this subsection shall not limit a person from seeking other remedies available by applicable law.

C. Notwithstanding any other provision of law, a civil action brought pursuant to this section may be filed in the court for the city or county where the person filing the action resides or has his principal place of business, where any act giving rise to the action occurred, or in the City of Richmond.

D. Nothing in this section shall be construed to prohibit an investigation, arrest or charge, or prosecution of a person for any activity that is suspected or shown to be unlawful under the laws of the Commonwealth.

2026, c. 905.

Any search, seizure, arrest, detention, or imprisonment caused by or in which a violation of § 19.2-87.1, 19.2-99, 19.2-100, or 32.1-380 contributed is unlawful. The provisions of this section shall apply only to a search, seizure, arrest, detention, or imprisonment that is based, in whole or in part, on the alleged protected health care activity.

Nothing in this section shall be construed to prohibit an investigation, arrest or charge, or prosecution of a person for any activity that is suspected or shown to be unlawful under the laws of the Commonwealth.

2026, c. 905.

A. In addition to any other right or remedy, an individual may bring a civil action against another person for nominal, compensatory, and punitive damages or equitable relief in addition to reasonable attorney fees and costs if such individual (i) is aggrieved by another person's failure to comply with the attestation requirements provided in subsection A of § 8.01-412.10, subsection C of § 19.2-87.1, or subsection B of § 19.2-99 or (ii) is injured, incurs damages, or is subjected to other harm as a result of another individual who, under the laws of a jurisdiction outside of the Commonwealth, engages or attempts to engage in abusive litigation as defined in § 32.1-377. Any compensatory damages awarded pursuant to this subsection shall be in the amount of actual damages or $5,000, whichever is greater.

For the purposes of this subsection, each instance in which an individual engages or attempts to engage in abusive litigation shall constitute a separate act for which a person injured may bring an action.

B. No action shall be commenced under this section more than three years after an aggrieved person's discovery that a violation pursuant to subsection A has occurred.

C. In addition to any venue otherwise allowed by law, proper venue for an action brought pursuant to this section may be laid in the County of Fairfax or the City of Richmond.

2026, c. 905.

A. In addition to any other right or remedy allowed by law, the Attorney General may bring a civil action against any person who violates the attestation requirements provided in subsection A of § 8.01-412.10, subsection C of § 19.2-87.1, or subsection B of § 19.2-99 or who engages in abusive litigation. Such person shall be subject to a civil penalty of not more than $10,000 for each violation as well as reasonable attorney fees and costs.

B. No action shall be commenced under this section more than three years after a violation of subsection A has occurred.

C. All penalties, fees, and costs shall be paid into the general fund of the Commonwealth.

2026, c. 905.

A. The Commonwealth and its agencies, localities, and political subdivisions, and all officers, employees, and agents of the Commonwealth and its agencies, localities, and political subdivisions, waive immunity as to the imposition of declaratory, injunctive, or other equitable relief for any action brought pursuant to this chapter.

B. If an officer, employee, or agent of a government or governmental entity engages in the conduct prohibited or made unlawful under this chapter in the course of his employment, under the color of law, or pursuant to his duties on behalf of the government or governmental entity, such officer, employee, or agent may be held liable or otherwise subject to court order as authorized in this chapter in his individual capacity, as if he had not been acting in the course of his employment, under the color of law, or pursuant to his duties on behalf of the government or governmental entity.

2026, c. 905.