{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-66.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-66.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-66.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-66.5.html"}],"law_id":85213,"edition_id":1,"section_id":85213,"structure_id":13656,"section_number":"8.01-66.5","catch_line":"Written notice required","history":"Code 1950, \u00a7 32-142; 1979, c. 722; 1980, c. 623; 1983, c. 263; 1988, c. 544; 1998, c. 183; 2003, cc. 455, 525; 2013, c. 273; 2015, cc. 502, 503.","full_text":"A\n\nNo lien provided for in § 8.01-66.2, 8.01-66.9, or 19.2-368.15 shall be created or become effective in favor of the Commonwealth, an institution thereof, or a hospital, nursing home, physician, nurse, or physical therapist, or emergency medical services and transportation provided by an emergency medical services vehicle, unless and until a written notice of lien setting forth the name of the Commonwealth or the institution, hospital, nursing home, physician, nurse, physical therapist, or emergency medical services agency that provided emergency medical services or emergency medical services vehicle transportation and the name of the injured person has been served upon or given to the person, firm, or corporation whose negligence is alleged to have caused such injuries, or to the attorney for the injured party, or to the injured party. Such written notice of lien shall not be required if the attorney for the injured party knew that medical services were either provided or paid for by the Commonwealth.B\n\nIn any action for personal injuries or wrongful death against a nursing home or its agents, if the Department of Medical Assistance Services has paid for any health care services provided to the injured party or decedent relating to the action, the injured party or personal representative shall, within 60 days of filing a lawsuit or 21 days of determining that the Department of Medical Assistance Services has paid for such health care services, whichever is later, give written notice to the Department of Medical Assistance Services that the lawsuit has been filed. The Department of Medical Assistance Services shall provide a written response, stating the amount of the lien as of the date of their response, within 60 days of receiving a request for that information from the injured party or personal representative.","order_by":null,"text":{"0":{"id":305379,"text":"No lien provided for in § 8.01-66.2, 8.01-66.9, or 19.2-368.15 shall be created or become effective in favor of the Commonwealth, an institution thereof, or a hospital, nursing home, physician, nurse, or physical therapist, or emergency medical services and transportation provided by an emergency medical services vehicle, unless and until a written notice of lien setting forth the name of the Commonwealth or the institution, hospital, nursing home, physician, nurse, physical therapist, or emergency medical services agency that provided emergency medical services or emergency medical services vehicle transportation and the name of the injured person has been served upon or given to the person, firm, or corporation whose negligence is alleged to have caused such injuries, or to the attorney for the injured party, or to the injured party. Such written notice of lien shall not be required if the attorney for the injured party knew that medical services were either provided or paid for by the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305380,"text":"In any action for personal injuries or wrongful death against a nursing home or its agents, if the Department of Medical Assistance Services has paid for any health care services provided to the injured party or decedent relating to the action, the injured party or personal representative shall, within 60 days of filing a lawsuit or 21 days of determining that the Department of Medical Assistance Services has paid for such health care services, whichever is later, give written notice to the Department of Medical Assistance Services that the lawsuit has been filed. The Department of Medical Assistance Services shall provide a written response, stating the amount of the lien as of the date of their response, within 60 days of receiving a request for that information from the injured party or personal representative.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13656,"edition_id":1,"name":"Lien for Hospital, Medical and Nursing Services","identifier":"7.1","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:29","date_modified":"2026-06-26 03:45:29","permalink":{"id":280949,"object_type":"structure","relational_id":13656,"identifier":"7.1","token":"8.01\/3\/7.1","url":"\/8.01\/3\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63025,"structure_id":13656,"section_number":"8.01-66.10","catch_line":"Death claims settled by compromise or suit","url":"\/8.01-66.10\/","token":"8.01\/3\/7.1\/8.01-66.10","metadata":false},{"id":74790,"structure_id":13656,"section_number":"8.01-66.11","catch_line":"Necessity for settlement or judgment","url":"\/8.01-66.11\/","token":"8.01\/3\/7.1\/8.01-66.11","metadata":false},{"id":84489,"structure_id":13656,"section_number":"8.01-66.12","catch_line":"Term physician to include chiropractor","url":"\/8.01-66.12\/","token":"8.01\/3\/7.1\/8.01-66.12","metadata":false},{"id":57933,"structure_id":13656,"section_number":"8.01-66.2","catch_line":"Lien against person whose negligence causes injury","url":"\/8.01-66.2\/","token":"8.01\/3\/7.1\/8.01-66.2","metadata":false},{"id":54633,"structure_id":13656,"section_number":"8.01-66.3","catch_line":"Lien inferior to claim of attorney or personal representative","url":"\/8.01-66.3\/","token":"8.01\/3\/7.1\/8.01-66.3","metadata":false},{"id":77828,"structure_id":13656,"section_number":"8.01-66.4","catch_line":"Subrogation","url":"\/8.01-66.4\/","token":"8.01\/3\/7.1\/8.01-66.4","metadata":false},{"id":85213,"structure_id":13656,"section_number":"8.01-66.5","catch_line":"Written notice required","url":"\/8.01-66.5\/","token":"8.01\/3\/7.1\/8.01-66.5","metadata":false},{"id":54881,"structure_id":13656,"section_number":"8.01-66.6","catch_line":"Liability for reasonable charges for services","url":"\/8.01-66.6\/","token":"8.01\/3\/7.1\/8.01-66.6","metadata":false},{"id":58036,"structure_id":13656,"section_number":"8.01-66.7","catch_line":"Hearing and disposal of claim of unreasonableness","url":"\/8.01-66.7\/","token":"8.01\/3\/7.1\/8.01-66.7","metadata":false},{"id":76021,"structure_id":13656,"section_number":"8.01-66.8","catch_line":"Petition to enforce lien","url":"\/8.01-66.8\/","token":"8.01\/3\/7.1\/8.01-66.8","metadata":false},{"id":72844,"structure_id":13656,"section_number":"8.01-66.9","catch_line":"Lien in favor of Commonwealth, its programs, institutions or departments on claim for personal injuries","url":"\/8.01-66.9\/","token":"8.01\/3\/7.1\/8.01-66.9","metadata":false},{"id":69917,"structure_id":13656,"section_number":"8.01-66.9:1","catch_line":"Lien against recovery for medical treatment provided to prisoner","url":"\/8.01-66.9_1\/","token":"8.01\/3\/7.1\/8.01-66.9_1","metadata":false},{"id":84457,"structure_id":13656,"section_number":"8.01-66.9:2","catch_line":"Lien in favor of the Department of Medical Assistance Services on claim for personal injuries","url":"\/8.01-66.9_2\/","token":"8.01\/3\/7.1\/8.01-66.9_2","metadata":false}],"previous_section":{"id":77828,"structure_id":13656,"section_number":"8.01-66.4","catch_line":"Subrogation","url":"\/8.01-66.4\/","token":"8.01\/3\/7.1\/8.01-66.4","metadata":false},"next_section":{"id":54881,"structure_id":13656,"section_number":"8.01-66.6","catch_line":"Liability for reasonable charges for services","url":"\/8.01-66.6\/","token":"8.01\/3\/7.1\/8.01-66.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-66.5\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1979, chapter 722; in 1980, chapter 623; in 1983, chapter 263; in 1988, chapter 544; in 1998, chapter 183<\/a>; in 2003, chapters 455<\/a> and 525<\/a>; in 2013, chapter 273<\/a>; in 2015, chapters 502<\/a> and 503<\/a>.<\/p>","references":[{"id":64326,"section_number":"19.2-368.15","catch_line":"Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected","order_by":null,"url":"\/19.2-368.15\/"},{"id":54881,"section_number":"8.01-66.6","catch_line":"Liability for reasonable charges for services","order_by":null,"url":"\/8.01-66.6\/"},{"id":76021,"section_number":"8.01-66.8","catch_line":"Petition to enforce lien","order_by":null,"url":"\/8.01-66.8\/"}],"refers_to":[{"id":64326,"section_number":"19.2-368.15","catch_line":"Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected","order_by":null,"url":"\/19.2-368.15\/"},{"id":57933,"section_number":"8.01-66.2","catch_line":"Lien against person whose negligence causes injury","order_by":null,"url":"\/8.01-66.2\/"},{"id":72844,"section_number":"8.01-66.9","catch_line":"Lien in favor of Commonwealth, its programs, institutions or departments on claim for personal injuries","order_by":null,"url":"\/8.01-66.9\/"}],"permalink":{"id":280975,"object_type":"law","relational_id":85213,"identifier":"8.01-66.5","token":"8.01\/3\/7.1\/8.01-66.5","url":"\/8.01-66.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-66.5\/","token":"8.01\/3\/7.1\/8.01-66.5","dublin_core":{"Title":"Written notice required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-66.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No lien<\/span> provided for in § 8.01-66.2<\/a>, 8.01-66.9<\/a>, or 19.2-368.15<\/a> shall be created or become effective in favor of the Commonwealth, an institution thereof, or a hospital, nursing home, physician, nurse, or physical therapist, or emergency medical services and transportation provided by an emergency medical services vehicle, unless and until a written notice of lien<\/span> setting forth the name of the Commonwealth or the institution, hospital, nursing home, physician, nurse, physical therapist, or emergency medical services agency that provided emergency medical services or emergency medical services vehicle transportation and the name of the injured person<\/span> has been served upon or given to the person<\/span>, firm, or corporation whose negligence<\/span> is alleged to have caused such injuries, or to the attorney for the injured party<\/span>, or to the injured party<\/span>. Such written notice of lien<\/span> shall not be required if the attorney for the injured party<\/span> knew that medical services were either provided or paid for by the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any action<\/span> for personal injuries or wrongful death against a nursing home or its agents, if the Department of Medical Assistance Services has paid for any health care services provided to the injured party<\/span> or decedent relating to the action<\/span>, the injured party<\/span> or personal representative shall, within 60 days of filing a lawsuit<\/span> or 21 days of determining that the Department of Medical Assistance Services has paid for such health care services, whichever is later, give written notice to the Department of Medical Assistance Services that the lawsuit<\/span> has been filed. The Department of Medical Assistance Services shall provide a written response, stating the amount of the lien<\/span> as of the date of their response, within 60 days of receiving a request for that information from the injured party<\/span> or personal representative. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWRITTEN NOTICE REQUIRED (\u00a7 8.01-66.5)\n\nA. No lien provided for in § 8.01-66.2, 8.01-66.9, or 19.2-368.15 shall be\ncreated or become effective in favor of the Commonwealth, an institution\nthereof, or a hospital, nursing home, physician, nurse, or physical therapist,\nor emergency medical services and transportation provided by an emergency\nmedical services vehicle, unless and until a written notice of lien setting\nforth the name of the Commonwealth or the institution, hospital, nursing home,\nphysician, nurse, physical therapist, or emergency medical services agency that\nprovided emergency medical services or emergency medical services vehicle\ntransportation and the name of the injured person has been served upon or given\nto the person, firm, or corporation whose negligence is alleged to have caused\nsuch injuries, or to the attorney for the injured party, or to the injured\nparty. Such written notice of lien shall not be required if the attorney for the\ninjured party knew that medical services were either provided or paid for by the\nCommonwealth.\n\nB. In any action for personal injuries or wrongful death against a nursing home\nor its agents, if the Department of Medical Assistance Services has paid for any\nhealth care services provided to the injured party or decedent relating to the\naction, the injured party or personal representative shall, within 60 days of\nfiling a lawsuit or 21 days of determining that the Department of Medical\nAssistance Services has paid for such health care services, whichever is later,\ngive written notice to the Department of Medical Assistance Services that the\nlawsuit has been filed. The Department of Medical Assistance Services shall\nprovide a written response, stating the amount of the lien as of the date of\ntheir response, within 60 days of receiving a request for that information from\nthe injured party or personal representative.\n\nHISTORY: Code 1950, \u00a7 32-142; 1979, c. 722; 1980, c. 623; 1983, c. 263; 1988,\nc. 544; 1998, c. 183; 2003, cc. 455, 525; 2013, c. 273; 2015, cc. 502, 503.","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}}