Virginia Regulatory Town Hall
secretary
Health and Human Resources
Agency
Department of Medical Assistance Services
Board
Board of Medical Assistance Services
Petition 377
Petition Information
Petition Title Develop a new regulation that mandates a firm deadline for DMAS to respond to requests for final lien amounts.
Date Filed 11/3/2022    [Transmittal Sheet]
Petitioner D. Adam McKelvey, Esq. 
Petitioner's Request

Pursuant to Virginia Code §2.2-4007, I write to request a regulation that mandates a firm deadline for DMAS to respond to requests for final lien amounts asserted against personal injury claims proceeds and arising from the Medicaid program or any other DMAS program.  I request that this regulation contain all contact information and documents necessary to trigger the deadline, and that upon passing of said deadline, the amount owed is deemed zero dollars.

 
Agency's Plan

The petition for rulemaking will be published in the Virginia Register of Regulations on December 5, 2022, and on the Virginia Regulatory Town Hall. Public comment will open on December 5, 2022, and will close on December 26, 2022. DMAS will consider the petition and all comments in support or opposition after the close of the public comment period. The agency will issue a written decision within 90 days following the close of the comment period.  

 
Comment Period Began 12/5/2022    Ended 12/25/2022
0 comments
Virginia Register Announcement Submitted on 11/3/2022
 
The Virginia Register of Regulations
 
Published on: 12/5/2022     Volume: 39  Issue: 8
Agency Decision Initiate a regulatory change [Transmittal Sheet]    
Response Date 3/14/2023
Decision Publication Date Published on: 4/10/2023     Volume: 39  Issue: 17
Agency Decision Summary

DMAS has reviewed the petitioner's request and the relevant regulations and has decided to promulgate regulatory text to detail the process for requesting information about a Medicaid lien, a related request for a member's enrollment status, or to request a compromise or waiver of any portion of a Medicaid lien.  

Estimated date for filing a NOIRA Not yet determined

Contact Information
Name / Title: Meredith Lee  / Policy, Regulations, and Manuals Supervisor
Address: Division of Policy, Regulation & Member Engagement
600 E. Broad St., Suite 1300
Richmond, 23219
Email Address: Meredith.Lee@dmas.virginia.gov
Telephone: (804)371-0552    FAX: (804)786-1680    TDD: (800)343-0634