If you’ve been injured in a Virginia accident, we always recommend that you use your health insurance to pay for your medical bills. For more information about why, click here.
When you do, however, your health insurer may have a right to be reimbursed should you end up getting compensated for your injuries. While not all insurers have a right to be reimbursed, government sponsored plans typically will, especially Virginia Medicaid.
Before, Medicaid took forever to respond.
To be clear, we applaud the increased health insurance coverage of Virginia residents through Medicaid expansion. However, Medicaid often slows down the resolution of injury cases because it typically takes them a long time to tell injury victims how much reimbursement they will claim. Fortunately, on January 1, 2025, Virginia Code Section 8.01-66.9:2 came into effect and will provide relief by speeding up this process.
Under that new statute, the Department of Medical Assistance Services (DMAS) will have to respond to requests from injury victims for lien amounts within 60 days. Should DMAS not respond, the injured party (or their counsel) may then submit a demand for resolution of the lien to DMAS (and a copy to the Office of the Attorney General) to which DMAS will have 45 days to respond. If they again fail to respond, the injured victim’s demand shall be deemed accepted.
Of course, read the statute.
The above is a summary of the new rules. Like any statute, make sure to take some time to review it in detail. As every case presents its own unique set of facts. However, this is a tangible step forward in helping injury victims get the compensation they deserve.
Still have questions?
Make sure to check out our Personal Injury & Criminal Defense Practice Pages where we’ve answered many other questions you likely have. Abrenio Law is a Personal Injury & Criminal Defense Law Firm representing individuals in Northern Virginia and throughout the Commonwealth. You can learn more about Abrenio Law by visiting our About Us page. You can also read about some of our Prior Results, and Read Our Reviews. Make sure to contact us at Ph. 703-570-4180 for your Free Consultation.