8.01-66.5 - Written notice required. - Virginia Statutes

§ 8.01-66.5. Written notice required.

A. No lien provided for in § 8.01-66.2 or § 8.01-66.9 shall be created orbecome effective in favor of the Commonwealth, an institution thereof, or ahospital, nursing home, physician, nurse, physical therapist, or ambulanceservice unless and until a written notice of lien setting forth the name ofthe Commonwealth, or the institution, hospital, nursing home, physician,nurse, physical therapist, or ambulance service and the name of the injuredperson, has been served upon or given to the person, firm or corporationwhose negligence is alleged to have caused such injuries, or to the attorneyfor the injured party, or to the injured party. Such written notice of lienshall not be required if the attorney for the injured party knew that medicalservices were either provided or paid for by the Commonwealth.

B. In any action for personal injuries or wrongful death against a nursinghome or its agents, if the Department of Medical Assistance Services has paidfor any health care services provided to the injured party or decedentrelating to the action, the injured party or personal representative shall,within 60 days of filing a lawsuit or 21 days of determining that theDepartment of Medical Assistance Services has paid for such health careservices, whichever is later, give written notice to the Department ofMedical Assistance Services that the lawsuit has been filed. The Departmentof Medical Assistance Services shall provide a written response, stating theamount of the lien as of the date of their response, within 60 days ofreceiving a request for that information from the injured party or personalrepresentative.

(Code 1950, § 32-142; 1979, c. 722; 1980, c. 623; 1983, c. 263; 1988, c. 544;1998, c. 183; 2003, cc. 455, 525.)