A. When the Department of Medical Assistance Services (the Department) has a lien on the claim of an injured person or his personal representative for funds that may be due to him from insurance moneys received for medical services provided pursuant to § 8.01-66.9, the Department shall, upon request of the injured person or his personal representative, within 60 days from the receipt of such request provide such injured party or his personal representative with (i) an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and (ii) a sum specific demand for payment in full and final resolution, satisfaction, and compromise of the Department's lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2. Such request shall not be made by the injured person or his personal representative until all claims for health care expenses to be paid for by a program of the Department for an alleged injury on which the claim is based have been submitted to and processed for potential payment by the Department.
§ 8.01-66.9:2.Lien in favor of the Department of Medical Assistance Services on claim for personal injuries.
Chapter 3. Actions · Article 7.1. Lien for Hospital, Medical and Nursing Services · Last amended 2024 · Last verified July 16, 2026
In one sentenceSection 8.01-66.9:2 requires the Department of Medical Assistance Services, on request, to itemize its lien and make a sum-certain settlement demand within set deadlines, lets an injured party submit its own compromise offer if the Department misses those deadlines, and treats a Department non-response to that offer as acceptance.
Full Text of § 8.01-66.9:2
B. If the Department fails to comply with the provisions of subsection A, the injured party or his personal representative may submit to the Department, with a copy to the Office of the Attorney General, an offer of the payment for a sum certain in satisfaction of the lien and shall include in such offer an itemized statement of all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and any explanation that may be necessary for the reasons for the underlying offer. The Department shall accept or reject such offer within 45 days of receipt. If such offer is rejected, the Department shall provide (i) an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and (ii) a sum specific demand for payment in full and final resolution, satisfaction, and compromise of the Department's lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2.
C. If the Department does not respond to the offer in accordance with the provisions of subsection B, such offer shall be deemed to have been accepted by the Department as payment in full and final resolution, satisfaction, and compromise of the Department's lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2.
D. Nothing in this section shall be construed to be the exclusive means by which the injured party or his personal representative may request an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based, or to seek a full and final resolution, satisfaction, and compromise of the Department's lien pursuant to this section, § 8.01-66.9, and its rights pursuant to subsection C of § 32.1-325.2.
The provisions of this section shall apply whenever any person sustains personal injuries and receives treatment, medical attention, or nursing services or care, or receives pharmaceutical goods or any type of medical or rehabilitative device, apparatus, or treatment that is paid for by any program of the Department.
Plain-English Summary
Section 8.01-66.9:2 gives injured parties a defined process for resolving the Department of Medical Assistance Services’ lien under § 8.01-66.9. Under subsection A, once all claims for an injury have been submitted to and processed by the Department, the injured person or personal representative may request an itemized statement of the health care expenses the Department paid and a sum-specific demand for the full and final resolution of its lien and related rights under subsection C of § 32.1-325.2. The Department must respond within 60 days of that request.
Subsection B gives the injured party leverage if the Department misses that deadline: the injured party may submit its own offer of a sum certain to settle the lien, with a copy to the Office of the Attorney General, including an itemized statement of the expenses and an explanation for the offer. The Department then has 45 days to accept or reject it; if rejected, the Department must supply the itemized statement and sum-specific demand described in subsection A.
Subsection C treats Department silence as acceptance: if the Department does not respond to the injured party’s offer within the time set in subsection B, the offer is deemed accepted as full and final resolution of the lien. Subsection D clarifies that this process is not the exclusive way to request an itemized statement or resolve the lien, and the closing paragraph confirms the section applies whenever a program of the Department paid for the treatment, medical attention, nursing services, pharmaceutical goods, or medical or rehabilitative devices related to the injury.
Frequently Asked Questions
How do I find out how much the Department of Medical Assistance Services claims I owe from its lien?
Once all claims for the injury have been submitted to and processed by the Department, you may request an itemized statement of expenses it paid and a sum-specific demand to fully resolve the lien; the Department must respond within 60 days under subsection A.
What if the Department does not respond to my request within 60 days?
Under subsection B, you may submit your own offer of a sum certain to settle the lien, with a copy to the Office of the Attorney General, including an itemized statement and explanation; the Department then has 45 days to accept or reject it.
What happens if the Department ignores my settlement offer entirely?
Subsection C deems the offer accepted as a full and final resolution of the lien if the Department fails to respond within the time set in subsection B.
Is this the only way to resolve a Department of Medical Assistance Services lien?
No. Subsection D says this section is not the exclusive means to request an itemized statement or to seek a full and final resolution of the Department’s lien.
What kinds of expenses does this section’s lien-resolution process cover?
It applies whenever a program of the Department paid for treatment, medical attention, nursing services or care, pharmaceutical goods, or medical or rehabilitative devices related to the injury underlying the claim.
Amendment History
2024, c. 807.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: DMAS lien resolution process virginia8.01-66.9:2 virginia codeitemized statement DMAS lien virginiasettling department of medical assistance services liensum certain offer DMAS lien virginia