Subrogation Laws in All 50 States - Interactive Map

Click on your state for a brief summary of that state's laws affecting or impacting subrogation recoveries.

 

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Virginia Subrogation Laws

State Subrogation

NO, Va. Code Ann. §38.2-3405 prohibits any health related benefits contracts from containing subrogation provisions

Made Whole

N/A

Common Fund

The common fund doctrine has been recognized just not in the health care subrogation context.

Collateral Source Rule

Applies, evidence is inadmissible

Hospital Lien Act

  • Va. Code Ann. §8.01-66.2: hospital has a lien for the amount of a just and reasonable charge for the service rendered, but not exceeding $2,500 in the case of a hospital or nursing home, $750 for each physician/nurse/therapist/pharmacy, and $200 for each emergency medical services agency
  • Va. Code Ann. §8.01-66.3: the hospital lien is inferior to an attorney’s lien
  • Va. Code Ann. §8.01-66.5: no lien shall be created or become effective unless and until written notice has been served upon the interested parties
  • Va. Code Ann. §8.01-66.7: if a party questions the reasonableness of the charges, the court can hold a hearing to resolve the issue

Medicaid Statute

  • Va. Code Ann. §8.01-66.9:
    • The commonwealth has a lien for the total amount paid pursuant to the Virginia Medical Assistance Program
    • Expenses for reasonable legal fees and costs shall be deducted from the total amount recovered
    • Reduction: the court may, upon petition by the injured person, reduce the amount of the liens and apportion the recovery as the equities of the case may appear, provided that the injured person has made a good faith effort to negotiate a compromise
    • The amount of the lien may be compromised pursuant to §2.2-514 (Va Code Ann 2.2-514 (West)). The commonwealth’s lien shall be inferior to any lien for reasonable attorney’s fees and costs, but shall be superior to all other liens.

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