{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-66.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-66.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-66.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-66.9.html"}],"law_id":72844,"edition_id":1,"section_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","history":"Code 1950, \u00a7 32-139.1; 1972, c. 481; 1974, c. 518; 1979, c. 722; 1981, c. 562; 1982, c. 491; 1983, c. 263; 1984, c. 767; 1985, c. 580; 1986, c. 238; 1988, c. 544; 1989, c. 624; 1992, c. 104; 2003, c. 525; 2012, cc. 803, 835.","full_text":"Whenever any person sustains personal injuries and receives treatment in any hospital, public or private, or nursing home, or receives medical attention or treatment from any physician, or receives nursing services or care from any registered nurse in this Commonwealth, or receives pharmaceutical goods or any type of medical or rehabilitative device, apparatus, or treatment which is paid for pursuant to the Virginia Medical Assistance Program, the State\/Local Hospitalization Program and other programs of the Department of Medical Assistance Services, the Maternal and Child Health Program, or the Children’s Specialty Services Program, or provided at or paid for by any hospital or rehabilitation center operated by the Commonwealth, the Department for Aging and Rehabilitative Services or any public institution of higher education, the Commonwealth shall have a lien for the total amount paid pursuant to such program, and the Commonwealth or such Department or institution shall have a lien for the total amount due for the services, equipment or devices provided at or paid for by such hospital or center operated by the Commonwealth or such Department or institution, or any portion thereof compromised pursuant to the authority granted under \u00a7 2.2-514, on the claim of such injured person or of his personal representative against the person, firm, or corporation who is alleged to have caused such injuries.\n\t\tThe Commonwealth or such Department or institution shall also have a lien on the claim of the injured person or his personal representative for any funds which may be due him from insurance moneys received for such medical services under the injured party’s own insurance coverage or through an uninsured or underinsured motorist insurance coverage endorsement. The lien granted to the Commonwealth for the total amounts paid pursuant to the Virginia Medical Assistance Program, the State\/Local Hospitalization Program and other programs of the Department of Medical Assistance Services, the Maternal and Child Health Program, or the Children’s Specialty Services Program shall have priority over the lien for the amounts due for services, equipment or devices provided at a hospital or center operated by the Commonwealth. The Commonwealth’s or such Department’s or institution’s lien shall be inferior to any lien for payment of reasonable attorney’s fees and costs, but shall be superior to all other liens created by the provisions of this chapter and otherwise. Expenses for reasonable legal fees and costs shall be deducted from the total amount recovered. The amount of the lien may be compromised pursuant to \u00a7 2.2-514.\n\t\tThe court in which a suit by an injured person or his personal representative has been filed against the person, firm or corporation alleged to have caused such injuries or in which such suit may properly be filed, may, upon motion or petition by the injured person, his personal representative or his attorney, and after written notice is given to all those holding liens attaching to the recovery, reduce the amount of the liens and apportion the recovery, whether by verdict or negotiated settlement, between the plaintiff, the plaintiff’s attorney, and the Commonwealth or such Department or institution as the equities of the case may appear, provided that the injured person, his personal representative or attorney has made a good faith effort to negotiate a compromise pursuant to \u00a7 2.2-514. The court shall set forth the basis for any such reduction in a written order.","order_by":null,"text":{"0":{"id":262444,"text":"Whenever any person sustains personal injuries and receives treatment in any hospital, public or private, or nursing home, or receives medical attention or treatment from any physician, or receives nursing services or care from any registered nurse in this Commonwealth, or receives pharmaceutical goods or any type of medical or rehabilitative device, apparatus, or treatment which is paid for pursuant to the Virginia Medical Assistance Program, the State\/Local Hospitalization Program and other programs of the Department of Medical Assistance Services, the Maternal and Child Health Program, or the Children’s Specialty Services Program, or provided at or paid for by any hospital or rehabilitation center operated by the Commonwealth, the Department for Aging and Rehabilitative Services or any public institution of higher education, the Commonwealth shall have a lien for the total amount paid pursuant to such program, and the Commonwealth or such Department or institution shall have a lien for the total amount due for the services, equipment or devices provided at or paid for by such hospital or center operated by the Commonwealth or such Department or institution, or any portion thereof compromised pursuant to the authority granted under \u00a7 2.2-514, on the claim of such injured person or of his personal representative against the person, firm, or corporation who is alleged to have caused such injuries.\n\t\tThe Commonwealth or such Department or institution shall also have a lien on the claim of the injured person or his personal representative for any funds which may be due him from insurance moneys received for such medical services under the injured party’s own insurance coverage or through an uninsured or underinsured motorist insurance coverage endorsement. The lien granted to the Commonwealth for the total amounts paid pursuant to the Virginia Medical Assistance Program, the State\/Local Hospitalization Program and other programs of the Department of Medical Assistance Services, the Maternal and Child Health Program, or the Children’s Specialty Services Program shall have priority over the lien for the amounts due for services, equipment or devices provided at a hospital or center operated by the Commonwealth. The Commonwealth’s or such Department’s or institution’s lien shall be inferior to any lien for payment of reasonable attorney’s fees and costs, but shall be superior to all other liens created by the provisions of this chapter and otherwise. Expenses for reasonable legal fees and costs shall be deducted from the total amount recovered. The amount of the lien may be compromised pursuant to \u00a7 2.2-514.\n\t\tThe court in which a suit by an injured person or his personal representative has been filed against the person, firm or corporation alleged to have caused such injuries or in which such suit may properly be filed, may, upon motion or petition by the injured person, his personal representative or his attorney, and after written notice is given to all those holding liens attaching to the recovery, reduce the amount of the liens and apportion the recovery, whether by verdict or negotiated settlement, between the plaintiff, the plaintiff’s attorney, and the Commonwealth or such Department or institution as the equities of the case may appear, provided that the injured person, his personal representative or attorney has made a good faith effort to negotiate a compromise pursuant to \u00a7 2.2-514. The court shall set forth the basis for any such reduction in a written order.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-66.9\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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 1972, chapter 481; in 1974, chapter 518; in 1979, chapter 722; in 1981, chapter 562; in 1982, chapter 491; in 1983, chapter 263; in 1984, chapter 767; in 1985, chapter 580; in 1986, chapter 238; in 1988, chapter 544; in 1989, chapter 624; in 1992, chapter 104; in 2003, chapter 525<\/a>; in 2012, chapters 803<\/a> and 835<\/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":72955,"section_number":"63.2-1927","catch_line":"Assertion of lien; effect","order_by":null,"url":"\/63.2-1927\/"},{"id":67402,"section_number":"63.2-1929","catch_line":"Orders to withhold and to deliver property of debtor; issuance and service; contents; right to appeal; answer; effect; delivery of property; bond to release; fee; exemptions","order_by":null,"url":"\/63.2-1929\/"},{"id":71560,"section_number":"8.01-27.5","catch_line":"Duty of in-network providers to submit claims to health insurers; liability of covered patients for unbilled health care services","order_by":null,"url":"\/8.01-27.5\/"},{"id":85213,"section_number":"8.01-66.5","catch_line":"Written notice required","order_by":null,"url":"\/8.01-66.5\/"},{"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\/"},{"id":84457,"section_number":"8.01-66.9:2","catch_line":"Lien in favor of the Department of Medical Assistance Services on claim for personal injuries","order_by":null,"url":"\/8.01-66.9_2\/"}],"refers_to":[{"id":82895,"section_number":"2.2-514","catch_line":"Compromise and settlement of disputes","order_by":null,"url":"\/2.2-514\/"}],"permalink":{"id":280991,"object_type":"law","relational_id":72844,"identifier":"8.01-66.9","token":"8.01\/3\/7.1\/8.01-66.9","url":"\/8.01-66.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-66.9\/","token":"8.01\/3\/7.1\/8.01-66.9","dublin_core":{"Title":"Lien in favor of Commonwealth, its programs, institutions or departments on claim for personal injuries","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-66.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever any person<\/span> sustains<\/span> personal injuries and receives treatment in any hospital, public or private, or nursing home, or receives medical attention or treatment from any physician, or receives nursing services or care from any registered nurse in this Commonwealth, or receives pharmaceutical goods or any type of medical or rehabilitative device, apparatus, or treatment which is paid for pursuant to the Virginia Medical Assistance Program, the State\/Local Hospitalization Program and other programs of the Department of Medical Assistance Services, the Maternal and Child Health Program, or the Children’s Specialty Services Program, or provided at or paid for by any hospital or rehabilitation center operated by the Commonwealth, the Department for Aging and Rehabilitative Services or any public institution of higher education, the Commonwealth shall have a lien<\/span> for the total amount paid pursuant to such program, and the Commonwealth or such Department or institution shall have a lien<\/span> for the total amount due for the services, equipment or devices provided at or paid for by such hospital or center operated by the Commonwealth or such Department or institution, or any portion thereof compromised pursuant to the authority granted under \u00a7 2.2-514<\/a>, on the claim of such injured person<\/span> or of his personal representative against the person<\/span>, firm, or corporation who is alleged to have caused such injuries.\n\t\tThe Commonwealth or such Department or institution shall also have a lien<\/span> on the claim of the injured person<\/span> or his personal representative for any funds which may be due him from insurance moneys received for such medical services under the injured party<\/span>’s own insurance coverage or through an uninsured or underinsured motorist insurance coverage endorsement. The lien<\/span> granted to the Commonwealth for the total amounts paid pursuant to the Virginia Medical Assistance Program, the State\/Local Hospitalization Program and other programs of the Department of Medical Assistance Services, the Maternal and Child Health Program, or the Children’s Specialty Services Program shall have priority over the lien<\/span> for the amounts due for services, equipment or devices provided at a hospital or center operated by the Commonwealth. The Commonwealth’s or such Department’s or institution’s lien<\/span> shall be inferior to any lien<\/span> for payment of reasonable attorney’s fees and costs, but shall be superior to all other liens<\/span> created by the provisions of this chapter and otherwise. Expenses for reasonable legal fees and costs shall be deducted from the total amount recovered. The amount of the lien<\/span> may be compromised pursuant to \u00a7 2.2-514<\/a>.\n\t\tThe court<\/span> in which a suit<\/span> by an injured person<\/span> or his personal representative has been filed against the person<\/span>, firm or corporation alleged to have caused such injuries or in which such suit<\/span> may properly be filed, may, upon motion<\/span> or petition<\/span> by the injured person<\/span>, his personal representative or his attorney, and after written notice is given to all those holding liens<\/span> attaching to the recovery, reduce the amount of the liens<\/span> and apportion the recovery, whether by verdict<\/span> or negotiated settlement<\/span>, between the plaintiff<\/span>, the plaintiff<\/span>’s attorney, and the Commonwealth or such Department or institution as the equities of the case may appear, provided that the injured person<\/span>, his personal representative or attorney has made a good faith effort to negotiate a compromise pursuant to \u00a7 2.2-514<\/a>. The court<\/span> shall set forth the basis for any such reduction in a written order<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIEN IN FAVOR OF COMMONWEALTH, ITS PROGRAMS, INSTITUTIONS OR DEPARTMENTS ON\nCLAIM FOR PERSONAL INJURIES (\u00a7 8.01-66.9)\n\nWhenever any person sustains personal injuries and receives treatment in any\nhospital, public or private, or nursing home, or receives medical attention or\ntreatment from any physician, or receives nursing services or care from any\nregistered nurse in this Commonwealth, or receives pharmaceutical goods or any\ntype of medical or rehabilitative device, apparatus, or treatment which is paid\nfor pursuant to the Virginia Medical Assistance Program, the State\/Local\nHospitalization Program and other programs of the Department of Medical\nAssistance Services, the Maternal and Child Health Program, or the\nChildren’s Specialty Services Program, or provided at or paid for by any\nhospital or rehabilitation center operated by the Commonwealth, the Department\nfor Aging and Rehabilitative Services or any public institution of higher\neducation, the Commonwealth shall have a lien for the total amount paid pursuant\nto such program, and the Commonwealth or such Department or institution shall\nhave a lien for the total amount due for the services, equipment or devices\nprovided at or paid for by such hospital or center operated by the Commonwealth\nor such Department or institution, or any portion thereof compromised pursuant\nto the authority granted under \u00a7 2.2-514, on the claim of such injured person\nor of his personal representative against the person, firm, or corporation who\nis alleged to have caused such injuries.\n\t\tThe Commonwealth or such Department or institution shall also have a lien on\nthe claim of the injured person or his personal representative for any funds\nwhich may be due him from insurance moneys received for such medical services\nunder the injured party’s own insurance coverage or through an uninsured\nor underinsured motorist insurance coverage endorsement. The lien granted to the\nCommonwealth for the total amounts paid pursuant to the Virginia Medical\nAssistance Program, the State\/Local Hospitalization Program and other programs\nof the Department of Medical Assistance Services, the Maternal and Child Health\nProgram, or the Children’s Specialty Services Program shall have priority\nover the lien for the amounts due for services, equipment or devices provided at\na hospital or center operated by the Commonwealth. The Commonwealth’s or\nsuch Department’s or institution’s lien shall be inferior to any\nlien for payment of reasonable attorney’s fees and costs, but shall be\nsuperior to all other liens created by the provisions of this chapter and\notherwise. Expenses for reasonable legal fees and costs shall be deducted from\nthe total amount recovered. The amount of the lien may be compromised pursuant\nto \u00a7 2.2-514.\n\t\tThe court in which a suit by an injured person or his personal representative\nhas been filed against the person, firm or corporation alleged to have caused\nsuch injuries or in which such suit may properly be filed, may, upon motion or\npetition by the injured person, his personal representative or his attorney, and\nafter written notice is given to all those holding liens attaching to the\nrecovery, reduce the amount of the liens and apportion the recovery, whether by\nverdict or negotiated settlement, between the plaintiff, the plaintiff’s\nattorney, and the Commonwealth or such Department or institution as the equities\nof the case may appear, provided that the injured person, his personal\nrepresentative or attorney has made a good faith effort to negotiate a\ncompromise pursuant to \u00a7 2.2-514. The court shall set forth the basis for any\nsuch reduction in a written order.\n\nHISTORY: Code 1950, \u00a7 32-139.1; 1972, c. 481; 1974, c. 518; 1979, c. 722; 1981,\nc. 562; 1982, c. 491; 1983, c. 263; 1984, c. 767; 1985, c. 580; 1986, c. 238;\n1988, c. 544; 1989, c. 624; 1992, c. 104; 2003, c. 525; 2012, cc. 803, 835.","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}}