Virginia Regulatory Town Hall
Health and Human Resources
Department of Medical Assistance Services
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 Ended 12/25/2022
Agency Decision Initiate a regulatory change [Transmittal Sheet]    
Response Date 3/14/2023
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:
Telephone: (804)371-0552    FAX: (804)786-1680    TDD: (800)343-0634