Medicaid Liens in Personal Injury Actions

Brien Roche

Dealing with Medicaid liens is problematic. First you have to deal with the state of Virginia. You have to find from them what is the amount of the lien. That may take numerous inquiries, phone calls and emails that may all be met with no success. If that is the case, you may have no choice but in the course of your personal injury action to file a Motion to Determine the Lien. Such a motion would be styled as a Motion to Determine Lien Held by the Commonwealth of Virginia.

Within your motion you need to itemize the attempts made to determine what the lien is through your various inquiries to the government.

You need to set forth that there has been no response from the government as to any of those inquiries. 

You then need to expressly plead that pursuant to Virginia Code § 8.01-66.9 you are requesting the court to compel the government to provide its final lien amount. Also allege that because of the delay in obtaining this information, the court should reduce the lien to zero dollars. 

Further you have to allege that you have complied with Virginia Code § 2.2-514 prior to the filing of the motion. 

If you do all of that, you may have some success not only determining what the lien is but also getting it reduced.