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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>72844</law_id><section_number>8.01-66.9</section_number><catch_line>Lien in favor of Commonwealth, its programs, institutions or departments on claim for personal injuries</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-368.15</reference><reference>63.2-1927</reference><reference>63.2-1929</reference><reference>8.01-27.5</reference><reference>8.01-66.5</reference><reference>8.01-66.6</reference><reference>8.01-66.8</reference><reference>8.01-66.9:2</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="3">Actions</unit><unit label="article" level="3" order_by="1" identifier="7.1">Lien for Hospital, Medical and Nursing Services</unit></structure><text>
						<section><p>Whenever any <span class="dictionary">person</span> <span class="dictionary">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&#x2019;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 <span class="dictionary">lien</span> for the total amount paid pursuant to such program, and the Commonwealth or such Department or institution shall have a <span class="dictionary">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 &#xA7;&#xA0;<a class="law" title="Compromise and settlement of disputes" href="/2.2-514/">2.2-514</a>, on the claim of such injured <span class="dictionary">person</span> or of his personal representative against the <span class="dictionary">person</span>, firm, or corporation who is alleged to have caused such injuries.
		The Commonwealth or such Department or institution shall also have a <span class="dictionary">lien</span> on the claim of the injured <span class="dictionary">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 <span class="dictionary">party</span>&#x2019;s own insurance coverage or through an uninsured or underinsured motorist insurance coverage endorsement. The <span class="dictionary">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&#x2019;s Specialty Services Program shall have priority over the <span class="dictionary">lien</span> for the amounts due for services, equipment or devices provided at a hospital or center operated by the Commonwealth. The Commonwealth&#x2019;s or such Department&#x2019;s or institution&#x2019;s <span class="dictionary">lien</span> shall be inferior to any <span class="dictionary">lien</span> for payment of reasonable attorney&#x2019;s fees and costs, but shall be superior to all other <span class="dictionary">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 <span class="dictionary">lien</span> may be compromised pursuant to &#xA7;&#xA0;<a class="law" title="Compromise and settlement of disputes" href="/2.2-514/">2.2-514</a>.
		The <span class="dictionary">court</span> in which a <span class="dictionary">suit</span> by an injured <span class="dictionary">person</span> or his personal representative has been filed against the <span class="dictionary">person</span>, firm or corporation alleged to have caused such injuries or in which such <span class="dictionary">suit</span> may properly be filed, may, upon <span class="dictionary">motion</span> or <span class="dictionary">petition</span> by the injured <span class="dictionary">person</span>, his personal representative or his attorney, and after written notice is given to all those holding <span class="dictionary">liens</span> attaching to the recovery, reduce the amount of the <span class="dictionary">liens</span> and apportion the recovery, whether by <span class="dictionary">verdict</span> or negotiated <span class="dictionary">settlement</span>, between the <span class="dictionary">plaintiff</span>, the <span class="dictionary">plaintiff</span>&#x2019;s attorney, and the Commonwealth or such Department or institution as the equities of the case may appear, provided that the injured <span class="dictionary">person</span>, his personal representative or attorney has made a good faith effort to negotiate a compromise pursuant to &#xA7;&#xA0;<a class="law" title="Compromise and settlement of disputes" href="/2.2-514/">2.2-514</a>. The <span class="dictionary">court</span> shall set forth the basis for any such reduction in a written <span class="dictionary">order</span>.</p></section></text><history>Code 1950, &#xA7; 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.</history><metadata></metadata></law>
