§ 8.01-66.5.Written notice required.

Section 8.01-66.5 makes written notice a precondition to enforcing the liens described in §§ 8.01-66.2, 8.01-66.9, and 19.2-368.15. No such lien is created or becomes effective in favor of the Commonwealth, an institution of the Commonwealth, or a hospital, nursing home, physician, nurse, physical therapist, or emergency medical services provider unless a written notice of lien — identifying the Commonwealth, institution, hospital, nursing home, physician, nurse, physical therapist, or emergency medical services agency, and naming the injured person — has been served on or given to the alleged negligent party, that party’s attorney, or the injured party. The notice is unnecessary, though, if the injured party’s attorney already knew the medical services were provided or paid for by the Commonwealth.

Subsection B adds a separate procedure for personal injury or wrongful death actions against a nursing home when the Department of Medical Assistance Services has paid for related health care. The injured party or personal representative must give the Department written notice that the lawsuit has been filed, within 60 days of filing suit or 21 days of learning the Department paid for the care, whichever comes later. The Department, in turn, must respond in writing with the amount of its lien within 60 days of receiving a request for that information.