{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-66.9_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-66.9_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-66.9_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-66.9_2.html"}],"law_id":84457,"edition_id":1,"section_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","history":"2024, c. 807.","full_text":"A\n\nWhen the Department of Medical Assistance Services (the Department) has a lien on the claim of an injured person or his personal representative for funds that may be due to him from insurance moneys received for medical services provided pursuant to § 8.01-66.9, the Department shall, upon request of the injured person or his personal representative, within 60 days from the receipt of such request provide such injured party or his personal representative with (i) an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and (ii) a sum specific demand for payment in full and final resolution, satisfaction, and compromise of the Department’s lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2. Such request shall not be made by the injured person or his personal representative until all claims for health care expenses to be paid for by a program of the Department for an alleged injury on which the claim is based have been submitted to and processed for potential payment by the Department.B\n\nIf the Department fails to comply with the provisions of subsection A, the injured party or his personal representative may submit to the Department, with a copy to the of Office of the Attorney General, an offer of the payment for a sum certain in satisfaction of the lien and shall include in such offer an itemized statement of all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and any explanation that may be necessary for the reasons for the underlying offer. The Department shall accept or reject such offer within 45 days of receipt. If such offer is rejected, the Department shall provide (i) an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and (ii) a sum specific demand for payment in full and final resolution, satisfaction, and compromise of the Department’s lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2.C\n\nIf the Department does not respond to the offer in accordance with the provisions of subsection B, such offer shall be deemed to have been accepted by the Department as payment in full and final resolution, satisfaction, and compromise of the Department’s lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2.D\n\nNothing in this section shall be construed to be the exclusive means by which the injured party or his personal representative may request an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based, or to seek a full and final resolution, satisfaction, and compromise of the Department’s lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2.\n\t\t\tThe provisions of this section shall apply whenever any person sustains personal injuries and receives treatment, medical attention, or nursing services or care, or receives pharmaceutical goods or any type of medical or rehabilitative device, apparatus, or treatment that is paid for by any program of the Department.","order_by":null,"text":{"0":{"id":302722,"text":"When the Department of Medical Assistance Services (the Department) has a lien on the claim of an injured person or his personal representative for funds that may be due to him from insurance moneys received for medical services provided pursuant to § 8.01-66.9, the Department shall, upon request of the injured person or his personal representative, within 60 days from the receipt of such request provide such injured party or his personal representative with (i) an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and (ii) a sum specific demand for payment in full and final resolution, satisfaction, and compromise of the Department’s lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2. Such request shall not be made by the injured person or his personal representative until all claims for health care expenses to be paid for by a program of the Department for an alleged injury on which the claim is based have been submitted to and processed for potential payment by the Department.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":302723,"text":"If the Department fails to comply with the provisions of subsection A, the injured party or his personal representative may submit to the Department, with a copy to the of Office of the Attorney General, an offer of the payment for a sum certain in satisfaction of the lien and shall include in such offer an itemized statement of all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and any explanation that may be necessary for the reasons for the underlying offer. The Department shall accept or reject such offer within 45 days of receipt. If such offer is rejected, the Department shall provide (i) an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and (ii) a sum specific demand for payment in full and final resolution, satisfaction, and compromise of the Department’s lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":302724,"text":"If the Department does not respond to the offer in accordance with the provisions of subsection B, such offer shall be deemed to have been accepted by the Department as payment in full and final resolution, satisfaction, and compromise of the Department’s lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":302725,"text":"Nothing in this section shall be construed to be the exclusive means by which the injured party or his personal representative may request an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based, or to seek a full and final resolution, satisfaction, and compromise of the Department’s lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2.\n\t\t\tThe provisions of this section shall apply whenever any person sustains personal injuries and receives treatment, medical attention, or nursing services or care, or receives pharmaceutical goods or any type of medical or rehabilitative device, apparatus, or treatment that is paid for by any program of the Department.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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\/8.01-66.9:2\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapter 807<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":56047,"section_number":"32.1-325.2","catch_line":"Department is payor of last resort","order_by":null,"url":"\/32.1-325.2\/"},{"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":280999,"object_type":"law","relational_id":84457,"identifier":"8.01-66.9:2","token":"8.01\/3\/7.1\/8.01-66.9_2","url":"\/8.01-66.9_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-66.9_2\/","token":"8.01\/3\/7.1\/8.01-66.9_2","dublin_core":{"Title":"Lien in favor of the Department of Medical Assistance Services on claim for personal injuries","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-66.9:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When the Department of Medical Assistance Services (the Department) has a lien<\/span> on the claim of an injured person<\/span> or his personal representative for funds that may be due to him from insurance moneys received for medical services provided pursuant to § 8.01-66.9<\/a>, the Department shall, upon request of the injured person<\/span> or his personal representative, within 60 days from the receipt of such request provide such injured party<\/span> or his personal representative with (i) an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and (ii) a sum specific demand for payment in full and final resolution, satisfaction, and compromise of the Department’s lien<\/span> pursuant to this section, § 8.01-66.9<\/a>, and its rights pursuant to subsection C of § 32.1-325.2<\/a>. Such request shall not be made by the injured person<\/span> or his personal representative until all claims for health care expenses to be paid for by a program of the Department for an alleged injury on which the claim is based have been submitted to and processed for potential payment by the Department. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the Department fails to comply with the provisions of subsection A, the injured party<\/span> or his personal representative may submit to the Department, with a copy to the of Office of the Attorney General<\/span>, an offer of the payment for a sum certain in satisfaction of the lien<\/span> and shall include in such offer an itemized statement of all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and any explanation that may be necessary for the reasons for the underlying offer. The Department shall accept or reject such offer within 45 days of receipt. If such offer is rejected, the Department shall provide (i) an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and (ii) a sum specific demand for payment in full and final resolution, satisfaction, and compromise of the Department’s lien<\/span> pursuant to this section, § 8.01-66.9<\/a>, and its rights pursuant to subsection C of § 32.1-325.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Department does not respond to the offer in accordance with the provisions of subsection B, such offer shall be deemed to have been accepted by the Department as payment in full and final resolution, satisfaction, and compromise of the Department’s lien<\/span> pursuant to this section, § 8.01-66.9<\/a>, and its rights pursuant to subsection C of § 32.1-325.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed to be the exclusive means by which the injured party<\/span> or his personal representative may request an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based, or to seek a full and final resolution, satisfaction, and compromise of the Department’s lien<\/span> pursuant to this section, § 8.01-66.9<\/a>, and its rights pursuant to subsection C of § 32.1-325.2<\/a>.\n\t\t\tThe provisions of this section shall apply whenever any person<\/span> sustains<\/span> personal injuries and receives treatment, medical attention, or nursing services or care, or receives pharmaceutical goods or any type of medical or rehabilitative device, apparatus, or treatment that is paid for by any program of the Department. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIEN IN FAVOR OF THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES ON CLAIM FOR\nPERSONAL INJURIES (\u00a7 8.01-66.9:2)\n\nA. When the Department of Medical Assistance Services (the Department) has a\nlien on the claim of an injured person or his personal representative for funds\nthat may be due to him from insurance moneys received for medical services\nprovided pursuant to § 8.01-66.9, the Department shall, upon request of the\ninjured person or his personal representative, within 60 days from the receipt\nof such request provide such injured party or his personal representative with\n(i) an itemized statement detailing all health care expenses paid for by a\nprogram of the Department for services rendered or performed and for equipment\nor devices used due to an alleged injury on which the claim is based and (ii) a\nsum specific demand for payment in full and final resolution, satisfaction, and\ncompromise of the Department’s lien pursuant to this section, §\n8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2. Such\nrequest shall not be made by the injured person or his personal representative\nuntil all claims for health care expenses to be paid for by a program of the\nDepartment for an alleged injury on which the claim is based have been submitted\nto and processed for potential payment by the Department.\n\nB. If the Department fails to comply with the provisions of subsection A, the\ninjured party or his personal representative may submit to the Department, with\na copy to the of Office of the Attorney General, an offer of the payment for a\nsum certain in satisfaction of the lien and shall include in such offer an\nitemized statement of all health care expenses paid for by a program of the\nDepartment for services rendered or performed and for equipment or devices used\ndue to an alleged injury on which the claim is based and any explanation that\nmay be necessary for the reasons for the underlying offer. The Department shall\naccept or reject such offer within 45 days of receipt. If such offer is\nrejected, the Department shall provide (i) an itemized statement detailing all\nhealth care expenses paid for by a program of the Department for services\nrendered or performed and for equipment or devices used due to an alleged injury\non which the claim is based and (ii) a sum specific demand for payment in full\nand final resolution, satisfaction, and compromise of the Department’s\nlien pursuant to this section, § 8.01-66.9, and its rights pursuant to\nsubsection C of § 32.1-325.2.\n\nC. If the Department does not respond to the offer in accordance with the\nprovisions of subsection B, such offer shall be deemed to have been accepted by\nthe Department as payment in full and final resolution, satisfaction, and\ncompromise of the Department’s lien pursuant to this section, §\n8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2.\n\nD. Nothing in this section shall be construed to be the exclusive means by which\nthe injured party or his personal representative may request an itemized\nstatement detailing all health care expenses paid for by a program of the\nDepartment for services rendered or performed and for equipment or devices used\ndue to an alleged injury on which the claim is based, or to seek a full and\nfinal resolution, satisfaction, and compromise of the Department’s lien\npursuant to this section, § 8.01-66.9, and its rights pursuant to\nsubsection C of § 32.1-325.2.\n\t\t\tThe provisions of this section shall apply whenever any person sustains\npersonal injuries and receives treatment, medical attention, or nursing services\nor care, or receives pharmaceutical goods or any type of medical or\nrehabilitative device, apparatus, or treatment that is paid for by any program\nof the Department.\n\nHISTORY: 2024, c. 807.","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}}