                                 CODE OF VIRGINIA

WRITTEN NOTICE REQUIRED (§ 8.01-66.5)

A. No lien provided for in &#xA7; 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. 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.

HISTORY: Code 1950, § 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.