                                 CODE OF VIRGINIA

DEFINITIONS; RECOVERY OF OVERPAYMENT FOR MEDICAL ASSISTANCE SERVICES (§
32.1-325.1:1)

A. For the purposes of this section, the following definitions shall apply:
			&#8220;Agreement&#8221; means any contract executed for the delivery of
services to recipients of medical assistance pursuant to subdivision D 2 of
&#xA7; 32.1-325.
			&#8220;Successor in interest&#8221; means any person as defined in &#xA7;
1-230 having stockholders, directors, officers, or partners in common with a
health care provider for which an agreement has been terminated.
			&#8220;Termination&#8221; means (i) the cessation of operations by a
provider, (ii) the sale or transfer of the provider, (iii) the reorganization or
restructuring of the health care provider, or (iv) the termination of an
agreement by either party.

B. The Director of Medical Assistance Services shall collect by any means
available to him at law any amount owed to the Commonwealth because of
overpayment for medical assistance services. Upon making an initial
determination that an overpayment has been made to the provider pursuant to
&#xA7; 32.1-325.1, the Director shall notify the provider of the amount of the
overpayment. Such initial determination shall be made within the earlier of (i)
four years, or (ii) 15 months after filing of the final cost report by the
provider subsequent to sale of the facility or termination of the provider. The
provider shall make arrangements satisfactory to the Director to repay the
amount due. If the provider fails or refuses to make arrangements satisfactory
to the Director for such repayment or fails or refuses to repay the Commonwealth
for the amount due for overpayment in a timely manner, the Director may devise a
schedule for reducing the Medicaid reimbursement due to any successor in
interest.

C. In any case in which the Director is unable to recover the amount due for
overpayment pursuant to subsection B, he shall not enter into another agreement
with the responsible provider or any person who is the transferee, assignee, or
successor in interest to such provider unless (i) he receives satisfactory
assurances of repayment of all amounts due or (ii) the agreement with the
provider is necessary in order to ensure that Medicaid recipients have access to
the covered services rendered by the provider.
			Further, to the extent consistent with federal and state law, the Director
shall not enter into any agreement with a provider having any stockholder
possessing a material financial interest, partner, director, officer, or owner
in common with a provider which has terminated a previous agreement for
participation in the medical assistance services program without making
satisfactory arrangements to repay all outstanding Medicaid overpayment.

D. The provisions of this section shall not apply to successors in interest with
respect to transfer of a medical care facility pursuant to contracts entered
into before February 1, 1990.

HISTORY: 1990, c. 389; 1994, c. 669; 1999, c. 1024; 2005, c. 839.