{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-714.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-714.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-714.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-714.html"}],"law_id":66371,"edition_id":1,"section_id":66371,"structure_id":13200,"section_number":"65.2-714","catch_line":"Fees of attorneys and physicians and hospital charges","history":"Code 1950, \u00a7 65-98; 1968, c. 660, \u00a7 65.1-102; 1982, c. 439; 1985, c. 445; 1987, c. 559; 1988, c. 544; 1991, c. 355; 1994, c. 707; 1995, cc. 214, 266; 2012, c. 543; 2014, c. 670; 2016, cc. 279, 290.","full_text":"A\n\nFees of attorneys and physicians and charges of hospitals for services, whether employed by employer, employee, or insurance carrier under this title, shall be subject to the approval and award of the Commission. The Commission shall have exclusive jurisdiction over all disputes concerning such fees or charges and may order the repayment of the amount of any fee which has already been paid that it determines to be excessive; appeals from any Commission determinations thereon shall be taken as provided in &#xA7; 65.2-706. The Commission shall also retain jurisdiction for employees to pursue payment of charges for medical services notwithstanding that bills or parts of bills for health care services may have been paid by a source other than an employer, workers&#8217; compensation carrier, guaranty fund, or uninsured employer&#8217;s fund. No physician shall be entitled to collect fees from an employer or insurance carrier until he has made the reports required by the Commission in connection with the case.B\n\nIf a contested claim is held to be compensable under this title and, after a hearing on the claim on its merits or after abandonment of a defense by the employer or insurance carrier, benefits for medical services are awarded and inure to the benefit of a third-party insurance carrier or health care provider, the Commission shall award to the employee&#8217;s attorney a reasonable fee and other reasonable pro rata costs as are appropriate. However, the Commission shall not award attorney fees under this subsection unless and until the employee&#8217;s attorney has complied with Rule 6.2 of the Rules of the Commission. The fee shall be paid from the sum that benefits the third-party insurance carrier or health care provider. In determining whether the employee&#8217;s attorney&#8217;s work with regard to the contested claim resulted in an award of benefits that inure to the benefit of a third-party insurance carrier or health care provider, and in determining the reasonableness of the amount of any fee awarded to an attorney under this subsection, the Commission shall consider only the amount paid by the employer or insurance carrier to the third-party insurance carrier or health care provider for medical, surgical, and hospital service rendered to the employee through (i) the date on which the contested claim is heard before the Deputy Commissioner, is settled, or is resolved by order of the Commission or (ii) the date the employer or insurance carrier provides written notice of its abandonment of its defense to the contested claim and shall not consider additional amounts previously paid to a health care provider or reimbursed to a third-party insurance carrier. For the purpose of this subsection, a &#8220;contested claim&#8221; is an initial contested claim for benefits and claims for medical, surgical, and hospital services that are subsequently contested and litigated or after abandonment of a defense by the employer or insurance carrier.C\n\nPayment of any obligation pursuant to this section to any third-party insurance carrier or health care provider shall discharge the obligation in full. The Commission shall not reduce the amount of medical bills owed to the Commonwealth or its agencies without the written consent of the Office of the Attorney General.D\n\nNo physician, hospital, or other health care provider as defined in &#xA7; 8.01-581.1 shall balance bill an employee in connection with any medical treatment, services, appliances, or supplies furnished to the employee in connection with an injury for which (i) a claim has been filed with the Commission pursuant to &#xA7; 65.2-601, (ii) payment has been made to the health care provider pursuant to &#xA7; 65.2-605.1, or (iii) an award of compensation is made pursuant to &#xA7; 65.2-704. For the purpose of this subsection, a health care provider &#8220;balance bills&#8221; whenever (a) an employer or the employer&#8217;s insurance carrier declines to pay all of the health care provider&#8217;s charge or fee and (b) the health care provider seeks payment of the balance from the employee. Nothing in this section shall prohibit a health care provider from using the practices permitted in &#xA7; 65.2-601.1.","order_by":null,"text":{"0":{"id":240944,"text":"Fees of attorneys and physicians and charges of hospitals for services, whether employed by employer, employee, or insurance carrier under this title, shall be subject to the approval and award of the Commission. The Commission shall have exclusive jurisdiction over all disputes concerning such fees or charges and may order the repayment of the amount of any fee which has already been paid that it determines to be excessive; appeals from any Commission determinations thereon shall be taken as provided in &#xA7; 65.2-706. The Commission shall also retain jurisdiction for employees to pursue payment of charges for medical services notwithstanding that bills or parts of bills for health care services may have been paid by a source other than an employer, workers&#8217; compensation carrier, guaranty fund, or uninsured employer&#8217;s fund. No physician shall be entitled to collect fees from an employer or insurance carrier until he has made the reports required by the Commission in connection with the case.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240945,"text":"If a contested claim is held to be compensable under this title and, after a hearing on the claim on its merits or after abandonment of a defense by the employer or insurance carrier, benefits for medical services are awarded and inure to the benefit of a third-party insurance carrier or health care provider, the Commission shall award to the employee&#8217;s attorney a reasonable fee and other reasonable pro rata costs as are appropriate. However, the Commission shall not award attorney fees under this subsection unless and until the employee&#8217;s attorney has complied with Rule 6.2 of the Rules of the Commission. The fee shall be paid from the sum that benefits the third-party insurance carrier or health care provider. In determining whether the employee&#8217;s attorney&#8217;s work with regard to the contested claim resulted in an award of benefits that inure to the benefit of a third-party insurance carrier or health care provider, and in determining the reasonableness of the amount of any fee awarded to an attorney under this subsection, the Commission shall consider only the amount paid by the employer or insurance carrier to the third-party insurance carrier or health care provider for medical, surgical, and hospital service rendered to the employee through (i) the date on which the contested claim is heard before the Deputy Commissioner, is settled, or is resolved by order of the Commission or (ii) the date the employer or insurance carrier provides written notice of its abandonment of its defense to the contested claim and shall not consider additional amounts previously paid to a health care provider or reimbursed to a third-party insurance carrier. For the purpose of this subsection, a &#8220;contested claim&#8221; is an initial contested claim for benefits and claims for medical, surgical, and hospital services that are subsequently contested and litigated or after abandonment of a defense by the employer or insurance carrier.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240946,"text":"Payment of any obligation pursuant to this section to any third-party insurance carrier or health care provider shall discharge the obligation in full. The Commission shall not reduce the amount of medical bills owed to the Commonwealth or its agencies without the written consent of the Office of the Attorney General.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":240947,"text":"No physician, hospital, or other health care provider as defined in &#xA7; 8.01-581.1 shall balance bill an employee in connection with any medical treatment, services, appliances, or supplies furnished to the employee in connection with an injury for which (i) a claim has been filed with the Commission pursuant to &#xA7; 65.2-601, (ii) payment has been made to the health care provider pursuant to &#xA7; 65.2-605.1, or (iii) an award of compensation is made pursuant to &#xA7; 65.2-704. For the purpose of this subsection, a health care provider &#8220;balance bills&#8221; whenever (a) an employer or the employer&#8217;s insurance carrier declines to pay all of the health care provider&#8217;s charge or fee and (b) the health care provider seeks payment of the balance from the employee. Nothing in this section shall prohibit a health care provider from using the practices permitted in &#xA7; 65.2-601.1.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13200,"edition_id":1,"name":"Procedure in Connection With Awards","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276585,"object_type":"structure","relational_id":13200,"identifier":"7","token":"65.2\/7","url":"\/65.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63871,"structure_id":13200,"section_number":"65.2-700","catch_line":"Jurisdiction of Commission","url":"\/65.2-700\/","token":"65.2\/7\/65.2-700","metadata":false},{"id":75376,"structure_id":13200,"section_number":"65.2-701","catch_line":"Agreement as to compensation; penalty","url":"\/65.2-701\/","token":"65.2\/7\/65.2-701","metadata":false},{"id":85640,"structure_id":13200,"section_number":"65.2-702","catch_line":"Disagreement on compensation; venue","url":"\/65.2-702\/","token":"65.2\/7\/65.2-702","metadata":false},{"id":54210,"structure_id":13200,"section_number":"65.2-703","catch_line":"Interrogatories and depositions","url":"\/65.2-703\/","token":"65.2\/7\/65.2-703","metadata":false},{"id":77883,"structure_id":13200,"section_number":"65.2-704","catch_line":"Hearing; award or opinion by Commission","url":"\/65.2-704\/","token":"65.2\/7\/65.2-704","metadata":false},{"id":64198,"structure_id":13200,"section_number":"65.2-705","catch_line":"Review of award; rehearing","url":"\/65.2-705\/","token":"65.2\/7\/65.2-705","metadata":false},{"id":80511,"structure_id":13200,"section_number":"65.2-706","catch_line":"Conclusiveness of award; appeal","url":"\/65.2-706\/","token":"65.2\/7\/65.2-706","metadata":false},{"id":58895,"structure_id":13200,"section_number":"65.2-706.1","catch_line":"Estoppel effect of a Virginia Workers' Compensation Commission determination of employment status","url":"\/65.2-706.1\/","token":"65.2\/7\/65.2-706.1","metadata":false},{"id":73872,"structure_id":13200,"section_number":"65.2-706.2","catch_line":"Claims not barred","url":"\/65.2-706.2\/","token":"65.2\/7\/65.2-706.2","metadata":false},{"id":73644,"structure_id":13200,"section_number":"65.2-707","catch_line":"Interest on appealed award","url":"\/65.2-707\/","token":"65.2\/7\/65.2-707","metadata":false},{"id":81274,"structure_id":13200,"section_number":"65.2-708","catch_line":"Review of award on change in condition","url":"\/65.2-708\/","token":"65.2\/7\/65.2-708","metadata":false},{"id":68056,"structure_id":13200,"section_number":"65.2-709","catch_line":"Cost of living supplements for total incapacity and dependents of deceased","url":"\/65.2-709\/","token":"65.2\/7\/65.2-709","metadata":false},{"id":61818,"structure_id":13200,"section_number":"65.2-710","catch_line":"Enforcement, etc., of orders and awards","url":"\/65.2-710\/","token":"65.2\/7\/65.2-710","metadata":false},{"id":81815,"structure_id":13200,"section_number":"65.2-711","catch_line":"Reporting of address change by employee; suspension of payment of benefits","url":"\/65.2-711\/","token":"65.2\/7\/65.2-711","metadata":false},{"id":80256,"structure_id":13200,"section_number":"65.2-712","catch_line":"Reporting incarcerations, change in earnings, remarriage, change in student status; recovery of payments procured by fraud, misrepresentation, or unreported change in condition","url":"\/65.2-712\/","token":"65.2\/7\/65.2-712","metadata":false},{"id":67202,"structure_id":13200,"section_number":"65.2-713","catch_line":"Costs","url":"\/65.2-713\/","token":"65.2\/7\/65.2-713","metadata":false},{"id":66371,"structure_id":13200,"section_number":"65.2-714","catch_line":"Fees of attorneys and physicians and hospital charges","url":"\/65.2-714\/","token":"65.2\/7\/65.2-714","metadata":false},{"id":77896,"structure_id":13200,"section_number":"65.2-715","catch_line":"Providing written information","url":"\/65.2-715\/","token":"65.2\/7\/65.2-715","metadata":false}],"previous_section":{"id":67202,"structure_id":13200,"section_number":"65.2-713","catch_line":"Costs","url":"\/65.2-713\/","token":"65.2\/7\/65.2-713","metadata":false},"next_section":{"id":77896,"structure_id":13200,"section_number":"65.2-715","catch_line":"Providing written information","url":"\/65.2-715\/","token":"65.2\/7\/65.2-715","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-714\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 660; in 1982, chapter 439; in 1985, chapter 445; in 1987, chapter 559; in 1988, chapter 544; in 1991, chapter 355; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0707\">707<\/a>; in 1995, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0214\">214<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0266\">266<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0543\">543<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0670\">670<\/a>; in 2016, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0279\">279<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0290\">290<\/a>.<\/p>","references":[{"id":67541,"section_number":"65.2-605","catch_line":"Liability of employer for medical services ordered by Commission; fee schedules for medical services; malpractice; assistants-at-surgery; coding","order_by":null,"url":"\/65.2-605\/"}],"refers_to":[{"id":60353,"section_number":"65.2-601","catch_line":"Time for filing claim","order_by":null,"url":"\/65.2-601\/"},{"id":80844,"section_number":"65.2-601.1","catch_line":"Effect of filing claim; stay of debt collection activities by health care providers","order_by":null,"url":"\/65.2-601.1\/"},{"id":71627,"section_number":"65.2-605.1","catch_line":"Prompt payment; limitation on claims","order_by":null,"url":"\/65.2-605.1\/"},{"id":77883,"section_number":"65.2-704","catch_line":"Hearing; award or opinion by Commission","order_by":null,"url":"\/65.2-704\/"},{"id":80511,"section_number":"65.2-706","catch_line":"Conclusiveness of award; appeal","order_by":null,"url":"\/65.2-706\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":276651,"object_type":"law","relational_id":66371,"identifier":"65.2-714","token":"65.2\/7\/65.2-714","url":"\/65.2-714\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-714\/","token":"65.2\/7\/65.2-714","dublin_core":{"Title":"Fees of attorneys and physicians and hospital charges","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-714","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Fees of attorneys and physicians and charges of hospitals for services, whether employed by <span class=\"dictionary\">employer<\/span>, employee, or insurance carrier under this title, shall be subject to the approval and <span class=\"dictionary\">award<\/span> of the <span class=\"dictionary\">Commission<\/span>. The <span class=\"dictionary\">Commission<\/span> shall have exclusive <span class=\"dictionary\">jurisdiction<\/span> over all disputes concerning such fees or charges and may <span class=\"dictionary\">order<\/span> the repayment of the amount of any fee which has already been paid that it determines to be excessive; <span class=\"dictionary\">appeals<\/span> from any <span class=\"dictionary\">Commission<\/span> determinations thereon shall be taken as provided in &#xA7; <a class=\"law\" title=\"Conclusiveness of award; appeal\" href=\"\/65.2-706\/\">65.2-706<\/a>. The <span class=\"dictionary\">Commission<\/span> shall also retain <span class=\"dictionary\">jurisdiction<\/span> for employees to pursue payment of charges for medical services notwithstanding that bills or parts of bills for health care services may have been paid by a source other than an <span class=\"dictionary\">employer<\/span>, workers&#8217; compensation carrier, guaranty fund, or uninsured <span class=\"dictionary\">employer<\/span>&#8217;s fund. No physician shall be entitled to collect fees from an <span class=\"dictionary\">employer<\/span> or insurance carrier until he has made the reports required by the <span class=\"dictionary\">Commission<\/span> in connection with the case. <a id=\"paragraph-240944\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/65.2-714\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If a contested claim is held to be compensable under this title and, after a <span class=\"dictionary\">hearing<\/span> on the claim on its merits or after abandonment of a defense by the <span class=\"dictionary\">employer<\/span> or insurance carrier, benefits for medical services are awarded and inure to the benefit of a third-<span class=\"dictionary\">party<\/span> insurance carrier or health care provider, the <span class=\"dictionary\">Commission<\/span> shall <span class=\"dictionary\">award<\/span> to the employee&#8217;s attorney a reasonable fee and other reasonable pro rata costs as are appropriate. However, the <span class=\"dictionary\">Commission<\/span> shall not <span class=\"dictionary\">award<\/span> attorney fees under this subsection unless and until the employee&#8217;s attorney has complied with Rule 6.2 of the Rules of the <span class=\"dictionary\">Commission<\/span>. The fee shall be paid from the sum that benefits the third-<span class=\"dictionary\">party<\/span> insurance carrier or health care provider. In determining whether the employee&#8217;s attorney&#8217;s work with regard to the contested claim resulted in an <span class=\"dictionary\">award<\/span> of benefits that inure to the benefit of a third-<span class=\"dictionary\">party<\/span> insurance carrier or health care provider, and in determining the reasonableness of the amount of any fee awarded to an attorney under this subsection, the <span class=\"dictionary\">Commission<\/span> shall consider only the amount paid by the <span class=\"dictionary\">employer<\/span> or insurance carrier to the third-<span class=\"dictionary\">party<\/span> insurance carrier or health care provider for medical, surgical, and hospital service rendered to the employee through (i) the date on which the contested claim is heard before the Deputy Commissioner, is settled, or is resolved by <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">Commission<\/span> or (ii) the date the <span class=\"dictionary\">employer<\/span> or insurance carrier provides written notice of its abandonment of its defense to the contested claim and shall not consider additional amounts previously paid to a health care provider or reimbursed to a third-<span class=\"dictionary\">party<\/span> insurance carrier. For the purpose of this subsection, a &#8220;contested claim&#8221; is an initial contested claim for benefits and claims for medical, surgical, and hospital services that are subsequently contested and litigated or after abandonment of a defense by the <span class=\"dictionary\">employer<\/span> or insurance carrier. <a id=\"paragraph-240945\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/65.2-714\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Payment of any obligation pursuant to this section to any third-<span class=\"dictionary\">party<\/span> insurance carrier or health care provider shall discharge the obligation in full. The <span class=\"dictionary\">Commission<\/span> shall not reduce the amount of medical bills owed to the Commonwealth or its agencies without the written consent of the Office of the <span class=\"dictionary\">Attorney General<\/span>. <a id=\"paragraph-240946\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/65.2-714\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> No physician, hospital, or other health care provider as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/8.01-581.1\/\">8.01-581.1<\/a> shall balance bill an employee in connection with any medical treatment, services, appliances, or supplies furnished to the employee in connection with an <span class=\"dictionary\">injury<\/span> for which (i) a claim has been <span class=\"dictionary\">filed<\/span> with the <span class=\"dictionary\">Commission<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Time for filing claim\" href=\"\/65.2-601\/\">65.2-601<\/a>, (ii) payment has been made to the health care provider pursuant to &#xA7; <a class=\"law\" title=\"Prompt payment; limitation on claims\" href=\"\/65.2-605.1\/\">65.2-605.1<\/a>, or (iii) an <span class=\"dictionary\">award<\/span> of compensation is made pursuant to &#xA7; <a class=\"law\" title=\"Hearing; award or opinion by Commission\" href=\"\/65.2-704\/\">65.2-704<\/a>. For the purpose of this subsection, a health care provider &#8220;balance bills&#8221; whenever (a) an <span class=\"dictionary\">employer<\/span> or the <span class=\"dictionary\">employer<\/span>&#8217;s insurance carrier declines to pay all of the health care provider&#8217;s charge or fee and (b) the health care provider seeks payment of the balance from the employee. Nothing in this section shall prohibit a health care provider from using the practices permitted in &#xA7; <a class=\"law\" title=\"Effect of filing claim; stay of debt collection activities by health care providers\" href=\"\/65.2-601.1\/\">65.2-601.1<\/a>. <a id=\"paragraph-240947\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/65.2-714\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nFEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES (\u00a7 65.2-714)\n\nA. Fees of attorneys and physicians and charges of hospitals for services,\nwhether employed by employer, employee, or insurance carrier under this title,\nshall be subject to the approval and award of the Commission. The Commission\nshall have exclusive jurisdiction over all disputes concerning such fees or\ncharges and may order the repayment of the amount of any fee which has already\nbeen paid that it determines to be excessive; appeals from any Commission\ndeterminations thereon shall be taken as provided in &#xA7; 65.2-706. The\nCommission shall also retain jurisdiction for employees to pursue payment of\ncharges for medical services notwithstanding that bills or parts of bills for\nhealth care services may have been paid by a source other than an employer,\nworkers&#8217; compensation carrier, guaranty fund, or uninsured\nemployer&#8217;s fund. No physician shall be entitled to collect fees from an\nemployer or insurance carrier until he has made the reports required by the\nCommission in connection with the case.\n\nB. If a contested claim is held to be compensable under this title and, after a\nhearing on the claim on its merits or after abandonment of a defense by the\nemployer or insurance carrier, benefits for medical services are awarded and\ninure to the benefit of a third-party insurance carrier or health care provider,\nthe Commission shall award to the employee&#8217;s attorney a reasonable fee and\nother reasonable pro rata costs as are appropriate. However, the Commission\nshall not award attorney fees under this subsection unless and until the\nemployee&#8217;s attorney has complied with Rule 6.2 of the Rules of the\nCommission. The fee shall be paid from the sum that benefits the third-party\ninsurance carrier or health care provider. In determining whether the\nemployee&#8217;s attorney&#8217;s work with regard to the contested claim\nresulted in an award of benefits that inure to the benefit of a third-party\ninsurance carrier or health care provider, and in determining the reasonableness\nof the amount of any fee awarded to an attorney under this subsection, the\nCommission shall consider only the amount paid by the employer or insurance\ncarrier to the third-party insurance carrier or health care provider for\nmedical, surgical, and hospital service rendered to the employee through (i) the\ndate on which the contested claim is heard before the Deputy Commissioner, is\nsettled, or is resolved by order of the Commission or (ii) the date the employer\nor insurance carrier provides written notice of its abandonment of its defense\nto the contested claim and shall not consider additional amounts previously paid\nto a health care provider or reimbursed to a third-party insurance carrier. For\nthe purpose of this subsection, a &#8220;contested claim&#8221; is an initial\ncontested claim for benefits and claims for medical, surgical, and hospital\nservices that are subsequently contested and litigated or after abandonment of a\ndefense by the employer or insurance carrier.\n\nC. Payment of any obligation pursuant to this section to any third-party\ninsurance carrier or health care provider shall discharge the obligation in\nfull. The Commission shall not reduce the amount of medical bills owed to the\nCommonwealth or its agencies without the written consent of the Office of the\nAttorney General.\n\nD. No physician, hospital, or other health care provider as defined in &#xA7;\n8.01-581.1 shall balance bill an employee in connection with any medical\ntreatment, services, appliances, or supplies furnished to the employee in\nconnection with an injury for which (i) a claim has been filed with the\nCommission pursuant to &#xA7; 65.2-601, (ii) payment has been made to the health\ncare provider pursuant to &#xA7; 65.2-605.1, or (iii) an award of compensation\nis made pursuant to &#xA7; 65.2-704. For the purpose of this subsection, a\nhealth care provider &#8220;balance bills&#8221; whenever (a) an employer or the\nemployer&#8217;s insurance carrier declines to pay all of the health care\nprovider&#8217;s charge or fee and (b) the health care provider seeks payment of\nthe balance from the employee. Nothing in this section shall prohibit a health\ncare provider from using the practices permitted in &#xA7; 65.2-601.1.\n\nHISTORY: Code 1950, \u00a7 65-98; 1968, c. 660, \u00a7 65.1-102; 1982, c. 439; 1985, c.\n445; 1987, c. 559; 1988, c. 544; 1991, c. 355; 1994, c. 707; 1995, cc. 214, 266;\n2012, c. 543; 2014, c. 670; 2016, cc. 279, 290.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}