                                 CODE OF VIRGINIA

LIEN IN FAVOR OF COMMONWEALTH, ITS PROGRAMS, INSTITUTIONS OR DEPARTMENTS ON
CLAIM FOR PERSONAL INJURIES (§ 8.01-66.9)

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&#8217;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 § 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.
		The 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&#8217;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&#8217;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&#8217;s or
such Department&#8217;s or institution&#8217;s lien shall be inferior to any
lien for payment of reasonable attorney&#8217;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 § 2.2-514.
		The 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&#8217;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 § 2.2-514. The court shall set forth the basis for any
such reduction in a written order.

HISTORY: Code 1950, § 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.